QUIXOTIC ATTEMPT - THE 9TH CIRCUIT, THE BIA, AND THE SEARCH FOR A HUMAN-RIGHTS FRAMEWORK TO ASYLUM LAW

The Ninth Circuit and the Board of Immigration Appeals (BIA) historica lly have disagreed about the application of human rights norms in many areas of asylum law. Although recent decisions by the BIA indicate mo re receptiveness toward the Ninth Circuit's broader approach, the Ille gal Immigration Reform and Immigrant Responsibility Act of 1996 seeks to stifle judicial review in many areas of immigration law, including asylum. This Comment analyzes the potential impact of the law on the d evelopment of asylum jurisprudence and recommends areas for future dia logue between the Ninth Circuit and the BIA.