A Circuit Split on Judicial Deference: Interpreting Asylum Claims by Fiancés and Boyfriends of Victims of China's Coercive Family Planning Policies

Cutaia, Nicholas, St. John's Law Review

INTRODUCTION

Determining who qualifies for asylum under United States law is a complex task based in large part on prevailing international norms about fundamental rights.1 The grant of asylum to an individual serves as recognition of profound harmthat it would be unreasonable and cruel to return a refugee facing persecution to his or her home country.2 Under U.S. law, however, asylum eligibility requires not a violation of international norms, but that an applicant qualifies as a "refugee."3 This "refugee" definition, as much as our consciences may demand otherwise, cannot incorporate each and every victim of maltreatment or persecution. Rather, it demonstrates that our national …

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Publication information: Article title: A Circuit Split on Judicial Deference: Interpreting Asylum Claims by Fiancés and Boyfriends of Victims of China's Coercive Family Planning Policies. Contributors: Cutaia, Nicholas - Author. Journal title: St. John's Law Review. Volume: 80. Issue: 4 Publication date: Fall 2006. Page number: 1307+. © St. John's Law Review Association Fall 2008. Provided by ProQuest LLC. All Rights Reserved.

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