Un(avail)able Protection: The Shifting Legal Landscape in the Eighth Circuit and Beyond for Asylum-Seekers Fleeing Nonstate Persecution

25 Bender’s Immigration Bulletin 1061, 2020

12 Pages Posted: 8 Sep 2020 Last revised: 1 Oct 2020

See all articles by Charles Shane Ellison

Charles Shane Ellison

Duke University School of Law

Anjum Gupta

Rutgers, The State University of New Jersey - Rutgers Law School

Date Written: 2020

Abstract

As part of the administration’s overall assault on asylum in the U.S., Attorney General Sessions issued Matter of A-B-, a sweeping decision with the apparent objective of dramatically narrowing the pathway to protection for refugees fleeing non-state persecutors. In particular, Matter of A-B- sought to utilize language from the Seventh and Eighth Circuit Courts of Appeals, which provided that an applicant fleeing a non-state persecutor must show that her government "condoned" her persecution or at least demonstrated "a complete helplessness" to prevent it. The condone-or-complete-helplessness language stands in stark contrast to the long-standing "unable-or-unwilling to protect" standard. This article discusses developments in non-state actor jurisprudence leading up to Matter of A-B-, as well as litigation in the Eighth Circuit and beyond to fight back against efforts to heighten this requirement.

Keywords: Matter of A-B-, Jimenez-Galloso v. Barr, Non-state Actor, Asylum

Suggested Citation

Ellison, Charles and Gupta, Anjum, Un(avail)able Protection: The Shifting Legal Landscape in the Eighth Circuit and Beyond for Asylum-Seekers Fleeing Nonstate Persecution (2020). 25 Bender’s Immigration Bulletin 1061, 2020, Available at SSRN: https://ssrn.com/abstract=3653304

Charles Ellison (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States
(919) 613-7000 (Phone)

Anjum Gupta

Rutgers, The State University of New Jersey - Rutgers Law School ( email )

Newark, NJ
United States
9733532518 (Phone)
9733531445 (Fax)

HOME PAGE: http://law.newark.rutgers.edu/anjum-gupta

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