Title GRACE, et al., Plaintiffs-Appellees, v. WILLIAM P. BARR, ATTORNEY GENERAL, et al., Defendants-Appellants
Publisher United States Court of Appeals for the District of Columbia Circuit
Publication Date 20 May 2021
Country United States of America
Topics Agents of persecution | Burden of proof | State protection
Cite as GRACE, et al., Plaintiffs-Appellees, v. WILLIAM P. BARR, ATTORNEY GENERAL, et al., Defendants-Appellants, United States Court of Appeals for the District of Columbia Circuit, 20 May 2021, available at: https://www.refworld.org/cases,USA_CA_DC,60a61d624.html [accessed 28 May 2023]
Comments For UNHCR’s intervention at the district court level, see the Brief of the United Nations High Commissioner for Refugees as Amicus Curaie in Support of Plaintiff’s Cross-Motion for Summary Judgment in case Grace, et. al., Plaintiffs, v. Jefferson Beauregard Sessions III, in his Official Capacity as Attorney General of the United States, et. al., Defendants. For UNHCR’s intervention in this case, see Brief of Amicus Curiae United Nations High Commissioner for Refugees in Support of Plaintiffs-Appellees in case Grace, et. al., Plaintiffs-Appellees, v. William P. Barr, Attorney General, et. al., Defendants-Appellants. From the Court: "Twelve asylum seekers challenge a host of executive-branch policies adopted to implement the expedited-removal provisions of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), [...]. Broadly speaking, the challenged policies concern how asylum officers determine whether an alien has demonstrated a “credible fear” of persecution, a threshold showing that permits an alien who would otherwise be immediately deported to seek asylum in the United States. The asylum seekers principally argue that the policies raise the bar for demonstrating a credible fear of persecution far above what Congress intended and that the Attorney General and various agencies violated the Administrative Procedure Act (APA), [...] by failing to adequately address important factors bearing on the policies’ adoption. Largely on these grounds, the district court found the policies inconsistent with IIRIRA, the Immigration and Nationality Act (INA), [...] seq., and the APA, and enjoined their enforcement. For the reasons set forth in this opinion, we affirm in part and reverse in part."
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