This Article examines the limits of discretion in asylum adjudications. The author describes recent administrative and judicial decisions regarding discretion, including the Supreme Court decision in INS v. Stevic. The author continues on to analyze the limits of administrative discretion under the Refugee Act of 1980 and international law, including the Protocol relating to the Status of Refugees and customary international legal principles respecting family reunification. The author concludes that an unprincipled expansion of the role of discretion in asylum cases could threaten the right to apply for asylum in the United States.
The Proper Role of Discretion in Political Asylum Determinations,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol22/iss5/4