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Asylum Law
Asylum Law delivers in-depth guidance on every facet of asylum eligibility and adjudication, with practical tools for legal professionals and educators. Written by immigration law authority J. Anna Cabot, this treatise combines deep legal analysis with real-world application. A must-have for anyone working in asylum law.
Publisher: Matthew Bender
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International Order InquiryAsylum Law by J. Anna Cabot is a detailed, practice-focused treatise for attorneys, law students, and advocates engaged in U.S. asylum law. Designed to demystify a complex and evolving area of immigration practice, this trusted volume addresses every key element of asylum eligibility—including persecution, nexus, protected grounds, and discretionary bars—with clarity and depth.
Each chapter is structured for usability and includes “Putting it into Practice” features that translate legal theory into actionable steps for practitioners. The treatise also explores alternatives to asylum, such as withholding of removal and relief under the Convention Against Torture, helping readers assess all potential avenues for protection.
Authored by a seasoned immigration attorney and clinical professor, Asylum Law merges academic insight with practical experience. Whether you’re litigating a claim or educating future advocates, this indispensable resource provides the legal tools and strategic context needed to navigate one of the most challenging areas of immigration law.
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CHAPTER 1 INTRODUCTION TO ASYLUM LAW
§ 1.01 Origins of Asylum Law
§ 1.02 Elements of Asylum Eligibility
§ 1.03 Asylum Adjudication
§ 1.04 Sources of Asylum Law
§ 1.05 How to use this Treatise
CHAPTER 2 PERSECUTION
§ 2.01 Introduction to Persecution
§ 2.02 General Principles of Persecution
§ 2.03 Types of Harm
§ 2.04 Special Situations of Persecution
§ 2.05 Putting it into Practice: Persecution
CHAPTER 3 PERSECUTOR AND GOVERNMENT PROTECTION
§ 3.01 Introduction to Persecutor Requirements
§ 3.02 Persecution by State Actor
§ 3.03 Persecution by Non-State Actor
§ 3.04 Putting it into Practice: Persecutor
CHAPTER 4 NEXUS
§ 4.01 Introduction to Nexus
§ 4.02 Difficulties with the Nexus Analysis
§ 4.03 Special Situations involving Nexus
§ 4.04 Putting it into Practice: Nexus
CHAPTER 5 PROTECTED GROUNDS
§ 5.01 General Principles of Protected Grounds
§ 5.02 Protected Grounds
§ 5.03 Putting it into Practice: Protected Grounds
CHAPTER 6 ESTABLISHING ASYLUM ELIGIBILITY
§ 6.01 Burden of Proof, Credibility, and Corroboration
§ 6.02 Past Persecution Claims
§ 6.03 Well-Founded Fear of Future Persecution Claims
§ 6.04 Putting it into Practice: Asylum Eligibility
CHAPTER 7 BARS TO ASYLUM AND DISCRETION
§ 7.01 Introduction to Bars to Asylum and Discretion
§ 7.02 One-Year Bar
§ 7.03 Firm Resettlement
§ 7.04 Safe Third Country
§ 7.05 Previous Asylum Denial
§ 7.06 Persecution of Others
§ 7.07 Conviction of a Particularly Serious Crime
§ 7.08 Commission of a Serious Non-Political Crime
§ 7.09 Danger to U.S. Security
§ 7.10 Terrorist Activity
§ 7.11 Circumvention of Lawful Pathways Rule
§ 7.12 Securing the Border Rule
§ 7.13 Guaranteeing the States Protection Against Invasion Proclamation
§ 7.14 Discretion
§ 7.15 Pretermission
§ 7.16 Termination of Asylum
CHAPTER 8 ALTERNATIVES TO ASYLUM
§ 8.01 Introduction to Alternatives to Asylum
§ 8.02 Withholding of Removal under INA § 241(b)(3)
§ 8.03 Protection under the Convention Against Torture
§ 8.04 Removal to a Third Country
§ 8.05 Putting it into Practice: Alternatives to Asylum