Digital Commons @ Touro Law Center Scholarly Works Faculty Scholarship 2009 Shelter from the Storm: An Analysis of U.S. Refugee Law as Applied to Tibetans Formerly Residing in India Eileen Kaufman
[email protected] Follow this and additional works at: https://digitalcommons.tourolaw.edu/scholarlyworks Part of the Immigration Law Commons, and the Other Law Commons Recommended Citation 23 Geo. Immigr. L.J. 497 (2008-2009) This Article is brought to you for free and open access by the Faculty Scholarship at Digital Commons @ Touro Law Center. It has been accepted for inclusion in Scholarly Works by an authorized administrator of Digital Commons @ Touro Law Center. For more information, please contact
[email protected]. SHELTER FROM THE STORM: AN ANALYSIS OF U.S. REFUGEE LAW AS APPLIED TO TIBETANS FORMERLY RESIDING IN INDIA EILEEN KAUFMAN* I. INTRODUCTION & REPRESENTATIVE CASE STUDY ............... 498 II. IMMIGRATION LAW, THE THEORY OF ASYLUM, AND THE FIRM RESETTLEMENT DOCTRINE ............................ 505 A. Immigration Law as a Rule of Regulation/Exclusion .... 505 B. Asylum as an Exception to the Rule of Exclusion ....... 506 1. Theory of Asylum .......................... 506 2. Sources of Law: International Conventions and Do- m estic Law ............................... 509 C. Doctrine of Firm Resettlement as a Bar to Asylum ...... 510 1. Statutory and Regulatory Framework ............ 510 2. C ase law ................................ 513 a. Administrative Procedures; Federal Court Re- view; Patternsof Migration................ 513 b. Split in Circuits ........................ 515 1. Totality of CircumstancesApproach ..... 516 2. Offer-BasedApproach ............... 518 3. Offer-Based Approach Consistent with Governing Authority ................. 522 * Professor of Law, Jacob D. Fuchsberg Law Center, Touro College. The research reflected in Part III is based in part on fact-finding missions conducted by Tibet Justice Center.