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60 Stan. L. Rev. 295 (2007-2008)
Refugee Roulette: Disparities in Asylum Adjudication

handle is hein.journals/stflr60 and id is 303 raw text is: REFUGEE ROULETTE: DISPARITIES IN ASYLUM ADJUDICATION Jaya Ramji-Nogales,* Andrew I. Schoenholtz,** and Philip G. Schrag*** Addressing consistency in the application of the law, former Attorney General Robert Jackson told Congress in 1940: It is obviously repugnant to * Assistant Professor of Law, Temple University, Beasley School of Law. ** Visiting Professor of Law, Georgetown University Law Center, and Deputy Director, Institute for the Study of International Migration, Georgetown University. *** Professor of Law and Director, Center for Applied Legal Studies, Georgetown University Law Center. Much of the research in this Article is based on data provided to the authors by government agencies, which we have analyzed and presented graphically. This Article, including graphics, is available on the Stanford Law Review's website, http://lawreview.stanford.edu. The databases, full color versions of our graphics, and other related materials are available on a website that supplements this Article, http://www.law.georgetown.edu/humanrightsinstitute/refugeeroulette.htm. The authors thank Dr. B. Lindsay Lowell, Director of Policy Studies at the Institute for the Study of International Migration, for his wise counsel and statistical analyses of the data reported in this Article, and Dean T. Alexander Aleinikoff, Associate Dean for Research Larry Gostin, and the Georgetown University Law Center for their generous funding of the cross-tabulations and regression analysis reported in Part III, as well as Temple University, Beasley School of Law for support for this project. Many thanks go to Profs. Joshua Fischman, Jonathan M. Ladd, David Hoffman, and David Schrag, as well as Luis Carlos Ramji-Nogales and Kim Schoenholtz, for consulting with us about methods of presenting statistical findings. The authors also wish to thank their very able research assistants, Elizabeth Banaszak, Anaxet Jones, Kristin Ketelhut, Paulo Cesar DeFreitas Mamede, Daniel McLaughlin, Asa Piyaka, Jaclyn Sekula, and Zhi Yu for their outstanding help with compilation and organization of the data, as well as Josette Oakley for her dedicated assistance with administrative details. We are indebted to David Berten and I.V. Ashton, who obtained the immigration court data on which we draw heavily in Part III of this Article, and to Prof. David Law who generously provided us with data he had previously compiled on asylum decision-making in the Ninth Circuit. We also appreciate the cooperation of the Executive Office for Immigration Review in the Department of Justice and the Asylum Office of the Department of Homeland Security, which provided the databases that we analyzed in Parts II and IV of this Article. We also benefited enormously from suggestions by many scholars who read earlier drafts, including Stacy Caplow, Maryellen Fullerton, Lauren Gilbert, Kate Jastram, Stephen Knight, Audrey Macklin, David Martin, Susan Martin, Karen Musalo, Lori Nessel, John Palmer, Louis Michael Seidman, Robert Thomas, and Russell Wheeler. Special thanks are due to Hiroshi Motomura for allowing us to present this Article as a work in progress at the 2006 immigration law professors' workshop. 295

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