Domestic violence asylum applicants have spent years struggling to demonstrate they are a particular social group within the meaning of refugee statutes and thus worthy of asylum in the United States. Recent statements by the Department of Homeland Security (DHS) and a favorable outcome for the applicant in In re L.R. in December 2010 effectively removed the hurdle of defining a particular social group. These changes do not mean, however, that victims of domestic violence should look forward to clear access to asylum in the United States. Courts, practitioners, and advocates must now focus on another central element in domestic violence asylum cases—proving a government unable or unwilling to protect the applicant. The Note predicts a shift in focus from particular social group formulation to the governmental protection element of asylum as it relates to domestic violence applicants. The Note argues that DHS should aid this shift in focus by establishing a framework for analyzing this element. It argues that DHS should adopt a test inquiring as to the applicant’s reasonable access to government protection, and proposes ten factors. This test would create an applicant-centered approach to the element of governmental protection that would provide domestic violence asylum applicants the opportunity to obtain and present the variety of evidence needed to gain asylum.
News & Events
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Volume 97 Lead Piece Profiled in New York Times
The Volume 97 Lead Piece, a study of how the Supreme Court treats business interests by distinguished legal scholars Lee Epstein, William M. Landes, and Richard A. Posner, was profiled in the May 5, 2013 edition of the New York Times. The story, titled Corporations Find a Friend in the Supreme Court, [...]
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Volume 98 Spring Submissions Closed
The Minnesota Law Review has closed the spring submissions period for Volume 98. Submissions for Volume 98 will reopen on Thursday, August 1. Please see the submissions page for more details.
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Volume 98 Submissions Will Open Feb. 15
The Minnesota Law Review will begin accepting submissions for Volume 98 on Friday, February 15, 2013. Please see this page for more details.
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Minnesota Law Review Announces Volume 98 Editorial Board
The Minnesota Law Review is pleased to announce its Volume 98 editorial board, headed by Editor in Chief Jake Vandelist.
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Minnesota Law Review Announces 2013 Symposium Topic
The Minnesota Law Review is pleased to announce that its 2013 symposium will address the legal and political issues facing organized labor in the United States. The symposium will be held at the University of Minnesota Law School on October 25, 2013.
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