"We are very troubled, however, by the central finding of our study. Whether an asylum applicant is able to live safely in the United States or is deported to a country in which he claims to fear persecution is very seriously influenced by a spin of the wheel of chance; that is, by a clerk’s random assignment of an applicant’s case to one asylum officer rather than another, or one immigration judge rather than another. We think that an adjudicator’s deviation by more than 50% from the mean rate for similar cases in that adjudicator’s own office raises serious questions about whether the adjudicator is imposing his or her own philosophical attitude (or personal level of skepticism about applicants’ testimony) to the cases under consideration."
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Immigration to the United States
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