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Author: Hillary Allison Mellinger Publisher: ISBN: Category : Emigration and immigration law Languages : en Pages : 178
Book Description
This dissertation focuses on legal representation and interpretation, which are arguably two of the most salient factors in guaranteeing an asylum seeker's due process rights. Nevertheless, current United States law dictates that the burden is upon asylum seekers to find and pay for their own attorneys and interpreters at the Asylum Office. This dissertation's first article uses mixed methods to assess the relationship between legal representation and case outcomes at the Asylum Office, and whether this relationship is consistent across all eight asylum offices. This dissertation's second article analyzes 28 in-depth, semi-structured interviews with immigration attorneys to better understand their case acceptance policies, how they conceptualize high-quality legal representation, best practices for the preparation of asylum cases, and their views of the quality-level of the private immigration bar. This dissertation's third article analyzes the same 28 in-depth, semi-structured interviews, but focuses on a subset of interview questions that query how asylum officers exercise their discretion to provide asylum applicants with interpreters, whether this discretion is exercised in a uniform manner, and how interpreters affect the dynamics of asylum interviews. These three dissertation articles have normative as well as theoretical implications. From a normative perspective, this dissertation informs current initiatives to provide indigent immigrants with legal representation by analyzing the relationship between legal counsel and asylum outcomes. This dissertation also discusses the qualities and best practices that immigration attorneys view as indispensable to providing high-quality representation, as well as the challenges of interpretation at the Asylum Office. From a theoretical perspective, this dissertation argues that more rigorous quantitative analyses need to be conducted before academics and advocates can conclusively infer the relationship between legal representation and asylum outcomes at the Asylum Office. This dissertation also emphasizes the need for additional dialogue around how to conceptualize the quality of legal representation in order to ensure equitable asylum case outcomes. Finally, this dissertation highlights the importance of securing competent interpretation services at the Asylum Office.
Author: Hillary Allison Mellinger Publisher: ISBN: Category : Emigration and immigration law Languages : en Pages : 178
Book Description
This dissertation focuses on legal representation and interpretation, which are arguably two of the most salient factors in guaranteeing an asylum seeker's due process rights. Nevertheless, current United States law dictates that the burden is upon asylum seekers to find and pay for their own attorneys and interpreters at the Asylum Office. This dissertation's first article uses mixed methods to assess the relationship between legal representation and case outcomes at the Asylum Office, and whether this relationship is consistent across all eight asylum offices. This dissertation's second article analyzes 28 in-depth, semi-structured interviews with immigration attorneys to better understand their case acceptance policies, how they conceptualize high-quality legal representation, best practices for the preparation of asylum cases, and their views of the quality-level of the private immigration bar. This dissertation's third article analyzes the same 28 in-depth, semi-structured interviews, but focuses on a subset of interview questions that query how asylum officers exercise their discretion to provide asylum applicants with interpreters, whether this discretion is exercised in a uniform manner, and how interpreters affect the dynamics of asylum interviews. These three dissertation articles have normative as well as theoretical implications. From a normative perspective, this dissertation informs current initiatives to provide indigent immigrants with legal representation by analyzing the relationship between legal counsel and asylum outcomes. This dissertation also discusses the qualities and best practices that immigration attorneys view as indispensable to providing high-quality representation, as well as the challenges of interpretation at the Asylum Office. From a theoretical perspective, this dissertation argues that more rigorous quantitative analyses need to be conducted before academics and advocates can conclusively infer the relationship between legal representation and asylum outcomes at the Asylum Office. This dissertation also emphasizes the need for additional dialogue around how to conceptualize the quality of legal representation in order to ensure equitable asylum case outcomes. Finally, this dissertation highlights the importance of securing competent interpretation services at the Asylum Office.
Author: Jeremy McBride Publisher: Council of Europe ISBN: 9789287166456 Category : Business & Economics Languages : en Pages : 134
Book Description
Further to the 28th Conference of European Ministers of Justice (Lanzarote, Spain, 25-26 October 2007), the Council of Europe has continued working on access to justice for migrants and asylum seekers. This publication contains an assessment of the situation faced by this vulnerable category of persons in accessing justice. It deals in particular with the identification of measures - both existing and new - for facilitating and ensuring such access for these people.
Author: Laura Affolter Publisher: Springer Nature ISBN: 303061512X Category : Social Science Languages : en Pages : 213
Book Description
This open access book examines everyday practices in an asylum administration. Asylum decisions are often criticised as being ‘subjective’ or ‘arbitrary’. Asylum Matters turns this claim on its head. Through the ethnographic study of asylum decision-making in the Swiss Secretariat for Migration, the book shows how regularities in administrative practice and ‘socialised subjectivity’ are produced. It argues that asylum caseworkers acquire an institutional habitus through their socialisation on the job, making them ‘carriers’ of routine practices. The different chapters of the book deal with what it means to methodologically study administrative practice: with how asylum proceedings work in Switzerland and with the role different types of knowledge play in overcoming the uncertainties inherent in refugee status and credibility determination. It sheds light on organisational socialisation processes and on the professional norms and values at the heart of administrative work. By doing so, it shows how disbelief becomes normalised in the office. This book speaks to legal scholars, sociologists, anthropologists, human geographers and political scientists interested in bureaucracy, asylum law, migration studies and socio-legal studies, and to NGOs working in the field of asylum.
Author: Jaya Ramji-Nogales Publisher: NYU Press ISBN: 0814741061 Category : Law Languages : en Pages : 356
Book Description
The first analysis of decisions at all four levels of the asylum adjudication process : the Department of Homeland Security, the immigration courts, the Board of Immigration Appeals, and the United States Courts of Appeals. The data reveal tremendous disparities in asylum approval rates, even when different adjudicators in the same office each considered large numbers of applications from nationals of the same country. After providing a thorough empirical analysis, the authors make recommendations for future reform. From publisher description.
Author: Sophia Adams Bhatti Publisher: John Wiley & Sons ISBN: 1119574285 Category : Business & Economics Languages : en Pages : 282
Book Description
"Written by prominent thought leaders in the global FinTech investment space, The LegalTech Book aggregates diverse expertise into a single, informative volume. Key industry developments are explained in detail, and critical insights from cutting-edge practitioners offer first-hand information and lessons learned. Coverage includes: The current status of LegalTech, why now is the time for it to boom, the drivers behind it, and how it relates to FinTech, RegTech, InsurTech and WealthTech Applications of AI, machine learning and deep learning in the practice of law; e-discovery and due diligence; AI as a legal predictor LegalTech making the law accessible to all; online courts, online dispute resolution The Uberization of the law; hiring and firing through apps Lawbots; social media meets legal advice To what extent does LegalTech make lawyers redundant? Cryptocurrencies, distributed ledger technology and the law The Internet of Things, data privacy, automated contracts Cybersecurity and data Technology vs. the law; driverless cars and liability, legal rights of robots, ownership rights over works created by technology Legislators as innovators"--
Author: U. S. Government Accountability Office Publisher: Createspace Independent Publishing Platform ISBN: 9781973716730 Category : Asylum, Right of Languages : en Pages : 72
Book Description
Tens of thousands of foreign nationals in the United States apply annually for asylum, which provides refuge to those who have been persecuted or fear persecution on protected grounds. EOIR's immigration judges decide asylum application outcomes in court proceedings. In 2008, GAO reported that EOIR data from October 1994 through April 2007 showed significant variation in the outcomes across immigration courts and judges (grants versus denials) of such applications. This report examines (1) variation in asylum applications outcomes over time and across courts and judges; (2) factors associated with variability; and (3) EOIR's actions to facilitate asylum applicants' access to legal resources. GAO recommends that EOIR develop and implement a system of performance measures, including establishing a baseline, to regularly evaluate the effectiveness of LOP and LOPC.
Author: David Lawson Publisher: Routledge ISBN: 1315407086 Category : Business & Economics Languages : en Pages : 211
Book Description
Access to justice is a fundamental right guaranteed under a wide body of international, regional and domestic law. It is also an essential component of development policies which seek to adequately respond to the multidimensional deprivations faced by the poor in order to improve socio-economic well-being and advance the progress of the Sustainable Development Goals. Women and children make up most of Africa’s poorest and most marginalized population, and as such are often prevented from enforcing rights or seeking other recourse. This book explores and analyzes the issue of gendered access to justice, poverty and disempowerment across Sub-Saharan Africa (SSA), and provides policy discussions on the integration of gender in justice programming. Through individual country case studies, the book focuses on the challenges, obstacles and successes of developing and implementing gender focused access to justice policies and programming in the region. This multidisciplinary volume will be of interest to policy makers as well as scholars and researchers focusing on poverty and gender policy across law, economics and global development in Sub-Saharan Africa. Additionally, the volume provides policy discussion applicable in other geographical areas where access to justice is elusive for the poor and marginalized.
Author: Publisher: ISBN: 9781940983622 Category : Disappeared persons Languages : en Pages : 218
Book Description
"Since the Mexican government escalated its war on organized crime at the end of 2006, over 150,000 Mexicans have been intentionally murdered. Countless thousands of others have been tortured; no one knows how many have disappeared. Caught between government forces and organized crime cartels, the Mexican people have suffered as atrocities and impunity reign. Based on three years of research, over 100 interviews, and previously unreleased government documents, this report finds a reasonable basis to believe that government forces and members of criminal cartels have perpetrated crimes against humanity in Mexico. The report comprehensively examines why there has been so little justice for atrocity crimes, and finds the main answers in political obstruction. Given the lack of political will to end impunity, new approaches must be taken. The report argues for a series of institutional changes, most importantly the creation of an internationalized investigative body, based inside Mexico, with powers to independently investigate and prosecute atrocity crimes."--Page 4 of cover.
Author: Hillary Allison Mellinger
Author: Hillary Allison Mellinger
Author: Jeremy McBride
Author: Laura Affolter
Author: Jaya Ramji-Nogales
Author: Sophia Adams Bhatti
Author: U. S. Government Accountability Office
Author: David Lawson
Author: 
Author: United States
Author: Julinda Beqiraj