Politics and the Courts: Toward a General Theory of Public Law

By Barbara M. Yarnold | Go to book overview

congressional hearings and lobbying directed at executive branch officials.

Hence, federal court judges, particularly in the lower federal courts (since they may still be promoted within the ranks of the federal judiciary) may be quite attentive to the political power of interest groups that appear before them, with the result that litigants who have organizational involvement in their cases will more often prevail than litigants who do not have organizations arguing on their behalf.

Examples of other public interest organizations involved in asylum-related appeals include Amnesty International, the American Immigration Lawyers' Association, Catholic Community Services, and the Haitian Refugee Center.

Hence, while the federal courts tended to favor aliens who had organizational involvement in their asylum-related appeals, due to the superior litigation resources of these organizations or their political clout, the BIA was not similarly influenced by organizational involvement in asylum-related appeals but served instead to perpetuate the hostile-country bias of the immigration bureaucracy.


Appendix A

List Of Organizations Which Were Involved In Asylum-Related Appeals to the BIA and the Federal Courts as Representatives of Aliens or as Amicus Curiae: 1980 - 1987


Public Interest Organizations Which Participated In Interview:

Mean Wins: 52%

Group Inputs Success
Rate
American Civil Liberties Union ( New York) 4 50%
American Civil Liberties Union of Florida (Coral Gables) 4 50%
American Civil Liberties Union of Southern California ( Los Angeles) 1 100%
American Civil Liberties Union of the National Capital Area (D.C.) 2 50%
American Friends Service Committee ( Miami, Florida) 1 0%
American Immigration Lawyer's Association ( Miami, Florida) 1 0%
Amnesty International, U.S.A. ( San Francisco, California) 1 0%
Apostolic Mission of Christ ( Miami, Florida) 2 50%
Atlanta Legal Aid Society ( Atlanta, Georgia) 10 60%
California Rural Legal Assistance Foundation ( El Centro, California) 5 80%
Catholic Community Services ( Newark, New Jersey) 1 0%
Catholic Migration and Refuge Office of the Diocese of Brooklyn
( New York)
1 0%
Catholic Social Services Immigration Projects ( San Francisco, California) 1 100%
Central American Refuge Project ( Phoenix, Arizona) 1 0%
Centro Asuntos Migratorios ( El Centro, California) 7 86%
Centro Para Immigrantes De Houston, Inc. ( Houston, Texas) 1 0%
Colorado Rural Legal Services, Inc. ( Denver, Colorado) 1 100%
Columbia School of Law Immigration Law Clinic ( New York) 2 0%

-87-

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