This Note examines the history of the social-visibility requirement for Particular Social Groups in Eleventh Circuit asylum claims and the adjudication disparities that have resulted from its imposition in the southeastern United States. Part I of this Note introduces the asylum application process, examines the historical treatment of Particular Social Groups nationally, and traces the recent restrictions on Particular Social Groups within the Eleventh Circuit in particular. Part II compares the Eleventh Circuit’s treatment of Particular Social Groups to treatment in the Third and Seventh Circuits and considers how previously successful claims for asylum would fare under the current state of the law in the Eleventh Circuit. Last, Part III proposes that the Eleventh Circuit adopt a standard suggested by a prominent source of United States asylum law to evaluate Particular Social Groups and weighs the effects of this standard.
Adriana C. Heffley,
Deference Condoning Apathy: Social Visibility in the Eleventh Circuit,
Ga. St. U. L. Rev.
Available at: https://readingroom.law.gsu.edu/gsulr/vol35/iss3/6