1982•Fordham international law journalRequires access
Persecution Abroad as Grounds for Withholding Deportation: The Standard of Proof and the Role of the Courts
Smith, A Edward
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Abstract
The immigration laws of the United States have long recognized a policy against deporting a person who seeks refuge in the United States, when it appears that person would be subject to persecution following deportation. The Immigration Act of 1952 permitted the Immigration and Naturalization Service to withhold the deportation of any person who could show that he would suffer persecution in the nation to which he would be deported. A similar provision is contained in the UN Protocol Relating to the Status of Refugees. The INS and the courts, having ruled that “no real conflict” existed between the Protocol and the Immigration Act, continued to adhere to to the latter without ever examining the significance of fundamental discrepancies. PERSECUTION ABROAD AS GROUNDS FOR WITHHOLDING DEPORTATION: THE STANDARD OF PROOF AND THE ROLE OF THE COURTS