AGENCY INDISCRETION: JUDICIAL REVIEW OF THE IMMIGRATION COURTS by ProQuest

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This article examines the challenges faced by asylum applicants and the federal courts' disagreement about the extent to which the judicial branch can intervene in the executive branch's review of asylum applications. Recently, the immigration courts have come under fire from various sources. Several circuit court decisions reviewing the cases of aliens denied asylum by the immigration courts have been highly critical of the manner in which the immigration judges (IJs) handled the cases. Additionally, a recent study released by the Transactional Records Access Clearinghouse, a research organization affiliated with Syracuse University, indicates a wide discrepancy in the rates at which IJs have granted asylum in the past ten years and suggests that the immigration courts have failed to apply uniformly its internal procedures. Applicants for asylum in the US face many obstacles. Improperly placing additional obstacles in their path benefits neither the immigration courts nor the federal courts.

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