North Carolina Law Review

University of North Carolina School of Law

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Chapel Hill, NC 27514

Refuge from Time: How the One-Year Filing Deadline Unfairly Frustrates Valid Asylum Claims

January 17, 2017

95 N.C. L. Rev. 523 (2017) 

 

In the United States, a person may apply for asylum if the person meets the statutory definition of a “refugee.” Asylum status grants “withholding of removal” from the United States, as well as an eventual path to lawful permanent residence. Although asylum is rooted in international humanitarian prerogatives, United States requirements are stringent due to national security concerns. But while those concerns may debatably justify tougher laws for the sake of screening out meritless or fraudulent asylum claims, there are some aspects of asylum law that unduly prejudice many deserving applicants. 

 

This Recent Development argues that when an immigration officer determines that an illegal entrant asylum applicant has a credible fear of persecution during the initial removal hearing, that finding should “lodge” the application for purposes of the one-year filing deadline. 

 

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