Birdsong's Law Blog

Professor Birdsong’s student, Shellie Ponce, who was enrolled in my comparative Immigration Law class and my Refugee Law Seminar wrote an interesting and timely paper that compares rates of domestic violence and asylum claims in immigrant welcoming countries.  Read and learn more about it.  Ms. Ponce gave her permission to put her piece on my blog.

Michael Severe graduated from Barry Law in December 2011.  He was one of Professor Birdsong’s favorite students.  During Michael’s last semester he wrote a very interesting and well researched paper in the Refugee Law Seminar arguing that U.S. Immigration Judges have much too much discretionary powers.  I agree with him. Michael has given me permission to publish his paper on my blog.  Read it and learn…

Discretionary Powers of the Immigration Court

And the Board of Immigration Appeals

and Issues Surrounding Particular Social Groups

By: Michael Severe

 I.                  Introduction

 Immigration is a vital part of any nation’s legal framework for many different reasons. It allows for new blood and new ideas to be integrated into a society. The United States has long been a destination for potential immigrants, seeking to benefit from the historical abundance of opportunities in this country, and the safety of political and ideological freedoms. As a result, the United States has developed a large body of both case law, and statutory law designed to address the issues of immigration.

One of the most important forms of immigration in the United States is refugee protection, gained generally through asylum. Asylum has a long and rich history, dating back as far as ancient Greece where criminals could find sanctuary in certain “temples, altars, sacred groves, and statues of the gods”[1]. In Rome, a more modern form of asylum began to take shape when Romulus opened the city to asylum seekers who were seeking a “place of refuge”[2]. Asylum law has taken many forms, and most societies with codified laws have offered some form of protection for people seeking sanctuary.

In the United States, there are numerous codifications of the issues revolving around

One of my Refugee Law students, Minoru Ohye, has written an interesting  and timely paper wherein he argues that the U.S. should end what has been come to be called the “Wet Foot Dry Foot” policy toward accepting Cuban refugees.  Mr. Ohye was born in Cuba and escaped from there with his family as a boy.  He writes from a unique perspective. Read and learn…

Stopping Once and for All the Wet Foot Dry Foot Policy for Cuban refugees: a Student’s reasons

By Minoru Ohye

1. INTRODUCTION

“Yo soy un hombre sincero De donde crece la palma, Y antes de morirme quiero Echar mis versos del alma”[1]. This is the first stanza of the famous poem by Jose Marti, the apostle of Cuban independence. Loosely translated, I am an honest man, and before I die, I wish to speak of what is in my soul^[2]. In my soul, I carry the weight of centuries of injustice suffered by the people of Cuba. Much like Jose Marti, whose life ended in an ill-fated two-man suicide charge against the Spanish troops ^[3], with this article I seek to “charge” against what I see as the latest injustice to be suffered by the Cuban people… the wet foot dry foot policy of the Cuban Refugee Adjustment Act. The Cuban Refugee Adjustment Act has been the subject of much debate. Some seek to preserve it while others seek to repeal it. This article will propose the use of the Cuban Refugee Adjustment Act as it was originally intended… to offer protection to those seeking to flee the Castro regime, but also used as a cohesive part of the overall United States policy toward Cuba

         There have been numerous newspaper articles, books, magazines, and indeed even Law review articles written both in support and in opposition of the CCA[4]. The one thing that sets me apart from a vast majority of those authors is that today I am a naturalized Citizen of the United States because of the Cuban Refugee Adjustment Act.  I am a Gusano, a worm. That is a term, intended to be

Another of Professor Birdsong’s favorite studentss, Chris Cortolillo, has written an interesting paper on child soldiers who seek asylum in the United States.  Read it and learn something about the topic.

Between a Rock and a Hard Place: The Challenges Facing Former Child Soldiers of the War on Terror in Seeking Asylum in the United States.

Edita Pojani was a student in Professor Birdsong’s Refugee Law seminar last spring.  She wrote a very well written paper that  examines the issue of gender bias in asylum law.  Ms. Pojani is an advocate for a  better U.S. immigration policy that explicitly recognizes violations inflicted upon women as a valid grounds for asylum.  She has given her permission to post  her paper on my blog.  Read and learn.

Recognizing Gender-Based Persecution as Grounds for Asylum

Edita Pojani

Refugee & Asylum Seminar

 I.  Introduction

The image that comes to mind when thinking about a refugee or a human rights victim is that of a male figure, persecuted on account of his political or religious beliefs, nationality or ethnicity.[1]  For far too long the world seems to have forgotten about the thousands of women who flee their country of origin due to persecution they have suffered on account of their gender. 

This paper will consider the issue of gender bias in asylum law, and will advocate for a U.S. immigration policy that explicitly recognizes violations inflicted upon women as a valid grounds for asylum.  While recognizing that gender based persecution can be inflicted on both women and men, the discussion in this paper will focus mainly on the challenges that women face as they battle with a system which so far has done little to take under consideration their unique claims that stem from persecution imposed upon them because they were born of the female sex. 

In addition, this paper will address the central themes critically important in the determination of claims for asylum made by women fleeing gender persecution.  It will advocate that gender specific abuses against women should be recognized as a