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applicant's persecution, which are typically used in other

legal proceedings for independent verification.48  As a re-

sult, judgments on whether an asylum applicant has satis-

fied the standard for a grant of asylum often hinge on the

testimony of the asylum applicant--particularly his or her

credibility and demeanor, the level of detail of the ac-

count, and whether the account of persecution is inherently

consistent.49  Supporting documentation, although not man-

datory, is also especially helpful to adjudicators.50

Indeed, experience shows that supporting documents are

usually vital to the success of an asylum claim.51

Successful applications, affirmative and defensive,

typically feature hundreds of pages of supporting documenta-

tion.  As mentioned earlier, the contents include affidavits

from the applicant and from the applicant's family, col-

leagues, or friends; newspaper articles; statements by

country experts; and reports from human rights organizations

supporting the asylum claim.  Unlike other legal briefs or

applications, much of the supporting documentation for an

asylum application is not readily available in the United

States and therefore may need to be obtained from sources in

the applicant's home country--a process that often takes

months.

Applicant affidavits also take time to prepare, partic-

ularly if the client does not speak English fluently.  For

instance, if the client's native language is not widely

spoken, it is difficult to find translators.  When a trans-

lator is finally located, it often requires numerous meet-

ings before the client can understand the complicated proc-

ess and the attorney can gather sufficient information for

the affidavit.

Given that the system relies heavily on the applicant's

ability to communicate coherently regarding the claim of

persecution, any barrier to that ability, either because the

applicant suffers from PTSD, is not properly represented, or

is not prepared to discuss the details of his or her case,

is counterproductive.

Criticism of the Scope of Asylum

Contributing to the perception that the asylum system

is out of control are misguided arguments regarding the

scope of asylum protection.  Arguments have been made that