Law of Asylum in the United StatesThis treatise covers asylum law, withholding of removal, and Convention Against Torture protection, plus basic procedures for applying for relief.
Available through Westlaw. A print copy is also available in the Law School Clinic.
Author(s): Deborah E. Anker
Law of Asylum in the United States is an authoritative presentation of U.S. asylum law, long considered a must-have publication for practitioners, students, researchers, and teachers. It is frequently relied upon and cited by practitioners and decision makers. Law of Asylum describes and interprets U.S. statutes, regulations, and cases, as well as numerous international sources, providing an up-to-date analysis of all aspects of asylum law.
This edition has been thoroughly updated to capture recent developments in asylum law and policy, including the Trump Administration's policy changes, children's credibility, formulation of particular social groups, political opinion and other claims including in the context of violence and conflict in Central America, the material support bar to asylum eligibility, the one-year filing deadline, ongoing Safe Third Country Act litigation, and reinstatement of removal. The extensive Procedures Appendix has been expanded and thoroughly updated to provide an invaluable resource for practitioners and researchers interested in U.S. asylum processes. In addition, this edition includes numerous unpublished Board of Immigration Appeals and immigration judge decisions and asylum officer training materials in accessible perma.cc format to guide practitioners and researchers.
Law of Asylum also addresses fundamental issues such as: The meaning of "well-founded fear" and "persecution"; The five grounds for asylum (race, religion, nationality, social group membership, and political opinion); Withholding of removal protection and protection under the Convention Against Torture; Claims based on childhood status and gender-based persecution; When nonstate actors can be considered agents of persecution; Extensive coverage of gang membership/opposition to gangs; Elements of proof; Credibility determinations; BIA cases on social distinction and particularity