transcript   Transcript

Introduction to Children’s Asylum: Jurisdiction, Procedural, and Substantive Law

Recorded on: Oct. 31, 2018
Running Time: 01:30:00

Full Transcript:

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Taken from the Web Program Representing Unaccompanied Children in California: Legal Updates, Practice Considerations & Strategies for Pursuing Relief Recorded October, 2018 in San Francisco [01:30:00]

Important differences exist in the procedures and standards for children’s asylum cases versus adults. The panel will discuss who is considered an unaccompanied child, how to challenge an adverse jurisdictional finding, and an overview of the affirmative versus defensive asylum process for UCs. This panel will also cover substantive asylum law for children’s cases, including ways to establish the elements of asylum, responses to potential bars, updates in the law, and challenges to types of claims (such as child abuse and fear-of-gang). Using illustrative hypotheticals, the panel will discuss strategies for crafting legal theories in children’s asylum cases and provide practice pointers.

Cecilia Candia, Christine Lin, Ana Moraga Archila

 Presentation Material

  • Introduction to Unaccompanied Children’s Fear-of-Return Claims (PowerPoint slides)
    Cecilia Candia, Christine Lin, Ana Moraga Archila
  • Guidelines for Children’s Asylum Claims, U.S. Department of Justice, Immigration and Naturalization Service, December 10, 1998
    Cecilia Candia, Christine Lin, Ana Moraga Archila
  • Guidelines for Children’s Asylum Claims, Asylum Officer Basic Training Course, March 21, 2009
    Cecilia Candia, Christine Lin, Ana Moraga Archila
  • Guidelines on International Protection: Child Asylum Claims under Articles 1(A)2 and 1(F) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees, The UN Refugee Agency, December 22, 2009
    Cecilia Candia, Christine Lin, Ana Moraga Archila
  • Updated Procedures for Determination of Initial Jurisdiction over Asylum Applications Filed by Unaccompanied Alien Children, U.S. Citizenship and Immigration Services, May 28, 2013
    Cecilia Candia, Christine Lin, Ana Moraga Archila
  • Operating Policies and Procedures Memorandum 17-03: Guidelines for Immigration Court Cases Involving Juveniles, Including Unaccompanied Alien Children, December 20, 2017
    Cecilia Candia, Christine Lin, Ana Moraga Archila
  • Case Priorities and Immigration Court Performance Measures, U.S. Department of Justice, Executive Office for Immigration Review, Office of the Director, January 17, 2018
    Cecilia Candia, Christine Lin, Ana Moraga Archila
  • Instruction Sheet for an Unaccompanied Alien Child in Immigration Court to Submit a Form I-589 Asylum Application to U.S. Citizenship and Immigration Services (USCIS), Homeland Security, July 2014
    Cecilia Candia, Christine Lin, Ana Moraga Archila
  • Asylum Elements Chart
    Cecilia Candia, Christine Lin, Ana Moraga Archila
  • Olga Byrne and Elise Miller, The Flow of Unaccompanied Children Through the Immigration System: A Resource for Practitioners, Policy Makers, and Researchers. New York: Vera Institute of Justice, 2012.
    Cecilia Candia, Christine Lin, Ana Moraga Archila
    • (s)
      Cecilia Candia ~ Senior Staff Attorney, Legal Services For Children Inc
      Christine Lin ~ Directing Attorney, Center for Gender & Refugee Studies – California
      Ana Moraga Archila ~ Direct Representation Attorney, Kids in Need of Defense (KIND)
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