Asylum Relief for Unaccompanied Minors: An Emerging Theory of Relief
Not everybody coming to the United States can claim asylum and have a chance of prevailing. To have a good asylum claim you have to have been persecuted on a "protected ground" under asylum law. There are five of them: race, religion, nationality, political opinion, and "membership in a particular social group." ("PSG") The first four are pretty well defined. The term "membership in a particular social group" is not. However, case law fills the gaps. Two legally recognized P
The Supreme Court DAPA Decision: Some Afterthoughts
It's been a little over a month since the Supreme Court issued its disappointing but non-precedential split vote decision affirming the Fifth Circuit Court of Appeals' preliminary injunction against President Obama's proposed nationwide, but limited, "Deferred Action for Parents” (DAPA) Program for undocumented parents of US citizen (USC) and lawful permanent resident (LPR) children. If implemented, the Program would have had the salutary effect of legally recognizing the pre
