W&L Law’s Baluarte Publishes Article in Belmont Law Review Professor David Baluarte published "Refugees Under Duress: International Law and the Serious Nonpolitical Crime Bar."
Washington and Lee law professor David Baluarte has published an article in the Belmont Law Review. The article, “Refugees Under Duress: International Law and the Serious Nonpolitical Crime Bar” argues that Congress intended that the serious nonpolitical crime bar under United States asylum law have the same meaning and scope as the 1F(b) Refugee Convention exclusion clause.
“The UNHCR, international refugee law experts, and national jurisdictions that apply the provisions of the Refugee Convention in asylum adjudications agree that Article 1F(b) includes a duress exception, and United States authorities should find that the same exception exists under United States asylum law. The United States government’s failure to abide by congressional intent in applying statutory law contravenes the balance of power envisioned by the Constitution and undermines the rule of law as a result domestically and globally,” writes Baluarte.
The article is available online at the Belmont Law Review website.
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