Ninth Circuit and the Protection of Asylum Seekers Since the Passage of the Refugee Act of 1980, The
![handle is hein.journals/sanlr23 and id is 339 raw text is: The Ninth Circuit and the Protection of
Asylum Seekers Since the Passage of the
Refugee Act of 1980
CAROLYN P. BLUM*
Since the passage of the Refugee Act of 1980, the United States
Court of Appeals for the Ninth Circuit has played a crucial role
in interpreting and clarifying the Act's asylum and withholding of
deportation provisions. The Article reviews Ninth Circuit decisions
on standard of proof, method of proof, and the five statutory bases
which underlie any claim to asylum or withholding of deportation:
race, religion, nationality, membership in a particular social
group, and political opinion. The author also analyzes the court's
interpretation of the term 'persecution under the asylum and
withholding of deportation provisions. Finally, the author poses
issues for future resolution.
INTRODUCTION
The Refugee Act of 19801 is the cornerstone of United States law
* Lecturer, Boalt Hall School of Law, University of California, Berkeley; Co-Di-
rector, Central American Refugee Defense Fund. B.A. 1971, University of Arizona; J.D.
1976, Northeastern University. The author wishes to thank Ignatius Bau, Laura Rami-
rez, and Barbara Sloan for their invaluable research assistance, and Matthew Ross, Ken
Alex, and Deborah Anker for their thoughtful comments. Support for the research for
this Article was provided by the Ford Foundation.
1. Refugee Act of 1980, Pub. L. No. 96-212, 94 Stat. 102 (1980) [hereinafter
cited as 1980 Act or Refugee Act], codified at Immigration and Naturalization Act §§
101(a)(42), 207-209, 243(h), 411-414, 8 U.S.C. §§ 1101(a)(42), 1157-1159, 1253(h),
1521-1524 (1982) [hereinafter cited as INA].
March-April 1986 Vol. 23 No. 2](ViewImageLocal?handle=hein.journals/sanlr23&div=20&collection=&method=preview&ext=.png&size=3)
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Ninth Circuit and the Protection of Asylum Seekers Since the Passage of the Refugee Act of 1980, The
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