Thursday, August 29, 2013

          Prof Karen Musalo on Failed U.S. Policy on Asylum to Escape Sex Trafficking

          The legal travails of an Albanian refugee named Johana Cece illustrate a persistent obstacle facing female refugees who have escaped domestic abuse, sex trafficking, or forced marriage in their home countries and made it to the U.S.: Because no presidential administration has ever clearly spelled out how the “particular social group” category applies to women, a woman’s fate usually relies on the whims of the judge hearing her case.

          “The lack of guidance has led to some terribly arbitrary decision-making,” said Karen Musalo, the director of the UC Hastings' Center for Gender and Refugee Studies (CGRS).

          To Musalo and the rest of the refugee advocate community, if the asylum statute were always applied correctly, women would have no trouble convincing judges that they are targeted based on their gender, and that that is grounds for an asylum claim. In fact, clarifying the statute by issuing a new, joint rule from the Department of Justice and Homeland Security is one of the Obama administration’s unmet priorities.

          “Female genital cutting—that, I think you’d be hard pressed to find a court that doesn’t think that’s a basis for asylum,” said Simona Agnolucci '06, an intellectual property and commercial attorney who represents women seeking refugee status pro bono. “But in the case of forced marriage, there’s only one circuit court that has recognized that as a form of persecution. Domestic violence is still in flux. Sex-trafficking is still in flux.”

          Read the full story from New Republic.

          Go to News Archive

          Share this Story

          Share via Facebook
          Share via TwitterShare via EmailPrint Friendly Version

          Other Recent Stories/ RSS

          Wednesday, March 22, 2017

          We’re #1: UC Hastings Trial Team Wins National Ethics Trial Competition

          The UC Hastings Trial Team keeps bringing home the gold with another first place finish.
          Wednesday, March 22, 2017

          Tracking the Future of the Affordable Care Act

          UCSF/UC Hastings Consortium on Law, Science and Health Policy launches Health Reform Tracker website.
          Tuesday, March 21, 2017

          UC Hastings LL.M. student Simren Delaney works with early stage Bay Area startups

          Now in its 7th year, the Startup Legal Garage enables UC Hastings students to work with early stage Tech and BioTech companies to provide them with corporate and intellectual property legal services under the supervision of leading attorneys throughout the Bay Area.
          Tuesday, March 14, 2017

          Message from Dean Faigman: US News Rankings

          While it is an annual rite of spring for deans to celebrate or lament the widely variable swings in rankings from year-to-year, UC Hastings must keep its eyes on what counts. We are doing that.
          Tuesday, March 07, 2017

          What Worked for Us May Work for You: Alumni Share Bar Success Stories for New Blog

          UC Hastings launches the Bar Passage Success Stories and Strategies blog.
          Go to News Archive