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Echeverria-Hernandez v. Immigration and Naturalization Service

United States.  14 January 1991 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Aliens — Refugees — Refugee status — Geneva Convention Relating to the Status of Refugees, 1951 and Protocol, 1967 — Illegal immigrant — Deportation proceedings — Request for asylum — Applicant fearing persecution following murder of family members — Requirement that murders be politically motivated — Whether politically motivated murder of relative ground for fear of persecution — Requirements of “clear probability” of persecution and “well-founded fear of persecution” — Immigration and Nationality Act 1952 — Refugee Act 1980

Relationship of international law and municipal law — Customary international law — Application as part of United States law — Whether applicable when conflicting with Congressional legislation or lawful act of the Executive

Sources of international law — Customary international law — Criteria for determining existence of rule of international law — Need for general acceptance of rule by States — Treaties — Geneva Convention Relative to the Protection of Civilians in Time of War, 1949 — State practice — Statements made by international organizations — Whether providing evidence that State not party to conflict required to give temporary asylum to refugees fleeing internal conflict

War and armed conflict — Internal conflicts — Refugees fleeing internal conflict — Whether entitled to grant of temporary asylum in other States — The law of the United States

Type
Case Report
Copyright
© Cambridge University Press 1994

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