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- Title
Barring Too Much: An Argument in Favor of Interpreting the Immigration and Nationality Act Section 101(a)(42) to Include a Duress Exception.
- Authors
Lerescu, Nicole
- Abstract
The article discusses the prevailing interpretation of section 101(1)(42) of the Immigration and Nationality Act (INA) to prevent individuals, who have persecuted individuals under duress, from achieving refugee status in the U.S. It outlines the proposed scope of exception for acts committed under duress and determines the limited circumstances under which coercion should excuse acts of persecution that restricts a grant of asylum. It surveys the development of case law interpreting the statutory bar to refugee condition and the extent of deviation on the appellate courts' interpretation. It proposes the reinterpretation of the provision to recognize duress as an excuse for past persecution.
- Subjects
UNITED States; STATUTORY interpretation; IMMIGRATION law; CITIZENSHIP; DURESS (Law); EXCEPTIONS (Law); PERSECUTION; REFUGEES; RIGHT of asylum; APPELLATE courts
- Publication
Vanderbilt Law Review, 2007, Vol 60, Issue 6, p1875
- ISSN
0042-2533
- Publication type
Article