29 Pages Posted: 5 Sep 2013
Date Written: October 2013
In seeking to understand the variation in asylum grant rates by immigration judges (IJs), we apply a variation of the attitudinal model that we modify by incorporating a cognitive model of decision making, arguing that some pieces of information before IJs are treated objectively while others are treated subjectively. This model allows us to account for informational cues that influence decisions while assessing the impact of national interests and human rights conditions. We find that IJ policy predispositions play a dominant role, and that liberal IJs respond to applicant characteristics differently than conservatives, but also that the law constrains decision making.
Suggested Citation: Suggested Citation
Keith, Linda and Holmes, Jennifer S. and Miller, Banks, Explaining the Divergence in Asylum Grant Rates Among Immigration Judges: An Attitudinal and Cognitive Approach (October 2013). Law & Policy, Vol. 35, Issue 4, pp. 261-289, 2013. Available at SSRN: https://ssrn.com/abstract=2320845 or http://dx.doi.org/10.1111/lapo.12008
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