NOTE: BACKING IT UP: REAL ID'S IMPACT ON THE CORROBORATION STANDARD IN WOMEN'S PRIVATE ASYLUM CLAIMS Skip over navigation
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Copyright (c) 2014 Women's Rights Law Reporter--Rutgers, The State University of New Jersey
Women's Rights Law Reporter

NOTE: BACKING IT UP: REAL ID'S IMPACT ON THE CORROBORATION STANDARD IN WOMEN'S PRIVATE ASYLUM CLAIMS

Spring / Summer, 2014

Women's Rights Law Reporter

35 Women's Rights L. Rep. 435

Author

Stephanie Robins*

Excerpt

INTRODUCTION
 
This note examines how women seeking asylum face significant obstacles in the wake of the REAL ID Act of 2005 ("REAL ID"). 2 REAL ID assigns greater weight to credibility 3 and corroboration 4 than had previously been given under other acts. 5 REAL ID affects women more than men because of the type of asylum claims that women tend to raise.

As with all asylum claims, the asylum seeker's testimony and supporting evidence must align to prove that the asylum seeker is in need of protection. 6 After a credibility determination, corroboration is crucial. 7 An asylum seeker needs evidence to bolster and support her claim. 8 Often, this requires the asylum seeker to contact family and friends in the home country to send her supporting documents. 9 As will be discussed below, the nature of private claims makes obtaining corroboration a great challenge, further compounded by the heightened standards introduced by REAL ID.

Women's claims often involve private actors such as family members and members of the community. The government is not the persecutor, unlike many of the claims raised by men. 10 This note will focus on private claims such as: female genital mutilation, forced marriage, fear of honor violence, and domestic violence. 11 In these instances, the persecutors are people close to the woman, such as a husband 12 or family members. 13 Instead of examining women's private claims through a gender-based or particular social group lens, this ...
 
 
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