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The Refugee Act of 19801 attempted to establish a uniform and nonideological procedure for considering applications by refugees for political asylum in the United States. 2 Charges persist, however, that foreign policy and ideology still dominate the government's adjudication and litigation of asylum claims, thereby thwarting the goals of the Act.'Even when a refugee presents a strong asylum claim, the Immigration and Naturalization Service (INS) generally contests the application by appealing an Immigration Judge's (IJ) decision. 4Although IJ denials of strong asylum claims have been reversed or remanded by the federal courts, 5 few asylum seekers have the resources to appeal. 8 This Note argues that unjustified government opposition to meritorious asylum claims should be countered through the application of a federal 1. 94 Stat.102 (codified in scattered sections of 8 U.S.C.).The Act was the first comprehensive U.S. statute to regulate refugee admissions and resettlement.2. As part of the Act, Congress incorporated the definition of refugee used in the 1967 U.N. Protocol Relating to the Status of Refugees: any person demonstrating a "well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, [who] is outside the country of his nationality and is unable or, owing to such fear, is unwilling to... return to it.
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