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  1. #1
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    Big Disparities in Judging of Asylum Cases

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    May 31, 2007
    Big Disparities in Judging of Asylum Cases
    By JULIA PRESTON
    Asylum seekers in the United States face broad disparities in the nation’s 54 immigration courts, with the outcome of cases influenced by things like the location of the court and the sex and professional background of judges, a new study has found.

    The study, by three law professors, analyzes 140,000 decisions by immigration judges, including those cases from the 15 countries that have produced the most asylum seekers in recent years, among them China, Haiti, Colombia, Albania and Russia. The professors compared for the first time the results of immigration court cases over more than four years, finding vast differences in the handling of claims with generally comparable factual circumstances.

    In one of the starker examples cited, Colombians had an 88 percent chance of winning asylum from one judge in the Miami immigration court and a 5 percent chance from another judge in the same court.

    “It is very disturbing that these decisions can mean life or death, and they seem to a large extent to be the result of a clerk’s random assignment of a case to a particular judge,â€
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  2. #2
    Senior Member Bowman's Avatar
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    I knew a Chinese woman who applied for asylum by falsely claiming to be a member of Falun Gong. The first judge, a black American lady, denied her claim. She appealed and the second judge, a white American lady, approved it.

    Now she has a lower opinion of black Americans based on the first judges denial even though that was the correct decision!
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