1. The Archbishop of What?! Jean Binkovitz, M.S.,J.D. Asylum Law and the International Community

2. Web Sites n http://www.angelfire.com/oh5/tracking/Laser.html n http://www.pbs.org/pov/pov1999/wellfoundedfear/ n http://deal.ohio- state.edu/denton.2/mclc/mclctrans/huangxiang.htm

3. “ Like a Bridge Over Troubled Water” Asylum Law: Bridging Domestic and International Law Jean Binkovitz, M.S., J.D.

4. Who Gets Asylum? n Persons are eligible for asylum if they: u Meet the definition of refugee u Are eligible for the favorable exercise of discretion u Are not otherwise barred

5. Definition of Refugee F “ Any person who is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to avail himself or herself of the protection of that country because of persecution or a well- founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” –INA S.101(a)(42)

6. Asylees/Refugees are: n Outside their country of residence n Unable or unwilling to get government protection n Due to persecution or well-founded fear n On account of: u Race u Religion u Nationality u Social Group u Political opinion

7. “They’re just deportees” (“Plane Crash at Los Gatos”) Eligibility: Who is left out? u Persons fleeing war or general disasters u Persons suffering because of economic, social, and cultural status u Barred: Persecutors u Picture: Karen refugee camp in Thailand (recent closing of some camps pending summit) from http://www. Kenzemach.com/thaiphotos/ n umpheinmei.html

8. International Law Sources Include: n Treaty (UN) u 1951 Convention Relating to the Status of Refugees u 1967 Protocol Relating to the Status of Refugees u Convention Against Torture* *Expanded coverage n Custom u Evidenced by practice and opinio juris u Right to seek refuge from conflict (evidenced by inclusion in Geneva Convention and ICJ Statutes) u UDHR

9. And General Principles u Examine F Common elements of domestic legal systems Res judicata estoppel F Equity considerations F Structural assumptions about international law States/sovereignty Consent Pacta sunt servanda u Jus Cogens (U.S. preserves discretion here) F Non-refoulement? F Pacta sunt servanda?...

10. Declarations The Embodiment of Customs or Principles n Universal Declaration of Human Rights (1948)

11. UDHR Article 2 n “Everyone is n entitled to all the rights and freedoms set forth…without distinction…such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”

12. UDHR Articles on Asylum n Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment Article 14 (1) Everyone has the right to seek and to enjoy in other countries asylum from persecution. (2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the principles of the United Nations

13. Domestic Law n Federal authority “inherent in sovereignty” n Refugee Act of 1980 u Refugees u Asylees u (Withholding) n Created Asylum Procedure

14. “I hear you knockin’, but you can’t come in” Little Richard, “Keep a Knockin’” Other U.S. Requirements n Eligible for discretionary relief One year limit generally n Not otherwise inadmissible Persecution of others –Slavery Practices Convictions of serious crimes Firm resettlement National security Terrorist activity Safe third country, previous denial

15. “The Times They are A-Changin’” - Dylan Recent Changes n One year limit n Detention of asylum seekers from designated countries n Limited opportunities for decision review

16. Deciding Cases n Documentation Issues Availability Fraudulent n Translation Problems Accuracy Timing Advice and commentary n Torture Impact Reluctance Physical surroundings Physical exam n POV Program and Website: Well- Founded Fear

17. More problems: n Country Report Problems See in video clips DOS bias Inaccuracy n Demeanor Issues Cultural variance Anxiety n Date Inconsistencies

18. “Bringing It All Back Home” -Bob Dylan u Asylum law bridges international and domestic law u Asylum protects people only in very limited situations u Asylum law reflects a broader principle of non- refoulement u International law influences domestic law