Zombies in Immigration Adjudication - Criminal Law
Zombies in Immigration AdjudicationFeb 4, 2025 Jennifer KohAdd a CommentSarah Vendzules, Guilty After Proven Innocent: Hidden Factfinding in Immigration Decisionmaking, 112 Cal. L. Rev.
697 (2024).Jennifer KohThe analogies used to convey the dysfunctions of immigration adjudication to outsiders are often colorful, but not hyperbolic. The gambling game of roulette describes asylum decisionmaking, because the luck of the draw largely determines whether a noncitizen will receive asylum or not. Except, of course, in the case of “asylum-free zones,” where immigration judges simply deny almost all the time.
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