Document Type
Article
Publication Date
Summer 2017
Abstract
This Article examines how federal circuit courts apply the substantial evidence test when reviewing asylum determinations made by immigration judges and the Board of Immigration Appeals. After outlining the statutory framework governing asylum under the Immigration and Nationality Act—including refugee status, nexus requirements, credibility determinations, and discretionary relief—the Article traces the historical development of the substantial evidence standard in immigration adjudication. Drawing on original empirical data from every circuit court of appeals, the Article categorizes circuits along a spectrum from “rigorous review” to “cursory check,” based on remand rates and depth of analytical engagement. The study evaluates how statutory changes, including the REAL ID Act’s credibility provisions, have influenced judicial deference and remand patterns. Ultimately, the Article argues that although the substantial evidence test is framed as deferential, its application varies significantly across circuits, producing meaningful differences in the review of asylum claims and in the protection afforded to applicants.
Recommended Citation
Amy L. Moore, Stringent Yet Flexible: Circuit Courts' Use of the Substantial Evidence Test in Asylum Cases, 18 Tex. Tech. Admin. L.J. 225 (Summer 2017).
