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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Minnesota Law Review Ranked Among Ten Most Cited Law Journals in America
The Minnesota Law Review is proud to report that it is the tenth most-cited law journal in the United States, according Washington & Lee’s recently-released 2011 law journal rankings. For more information on the announcement and the rankings, visit this link.
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2012 Symposium Announcement
The Minnesota Law Review is pleased to announce that the 2012 Law Review Symposium will focus on direct democracy and the Minnesota Marriage amendment and will be held at the University of Minnesota Law School on October 26, 2012.
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2011 Symposium Webstreaming
Live webstreaming for the 2011 Minnesota Law Review Symposium, Citizens United: Democracy Realized—or Defeated?, will be available at: http://www.ustream.tv/channel/minnesota-law-review-symposium-citizens-united-democracy-realized–or-defeated. Be sure to check it out!
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Article Submission Policy Announcement
On April 19, 2011, the Minnesota Law Review and several peer journals released a joint letter committing to give every author at least seven days to decide whether to accept any offer of publication. Eliminating “exploding offers” will improve the quality of our deliberations and the scholarship that we publish, [...]
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Congratulations!
Class of 2011 Excellence in Public Service Award recipient: Steve Schmidt (vol. 95 Note & Comment Editor); and Class of 2011 Most Outstanding Contribution Award recipient: Chelsea Brennan (vol. 95 Lead Managing Editor). Congratulations Steve and Chelsea!
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