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Page 23

Notes

1.  Public Law 104-208, Division C, 104th Cong., 2d. sess.

The text of the IIRIRA can be found in Congressional Record

142, daily ed. (September, 28 1996): H. 11644, H. 11787; or

in Interpreter Releases 73 (October 7, 1996): 1360.

2.  Guy S. Goodwin-Gill, The Refugee in International Law

(Oxford: Clarendon Press, 1996), Annex 4, p. 394.

3.

Ibid., Annex 5, pp. 409-12.

4.  Immigration and Nationality Act (hereafter INA), sec.

101 et seq.  See also 8 U.S.C., sec. 1101 et seq.

5.

INA, sec. 207; 8 U.S.C., sec. 1157.

6.  U.S. Committee for Refugees, World Refugee Survey 1997

(Washington: U.S. Committee for Refugees), pp. 4-5.

7.  U.S. Department of Justice, 1996 Statistical Yearbook of

the Immigration and Naturalization Service (Washington:

Government Printing Office, October 1997), Table 22, p. 82.

8.

Ibid., Table 29, p. 90.

9.  Their right to do so ends if they are apprehended by the

INS and either deportation or exclusion proceedings are

begun.

10. INS Form 1-589 is currently being revised by the INS.

Before IIRIRA, the form was seven pages in length, but the

latest version, revised in response to public comment, is

nine pages.  See Federal Register 62 (July 14, 1997): 37604.

11. The new deadlines for review of asylum cases were imple-

mented as part of the 1995 regulatory reform.  As a result

of those changes, asylum officers now typically conduct

interviews within 45 days of receiving the asylum applica-

tion.  Hearings before immigration judges are typically

scheduled for no more than 60 days after the initial hear-

ing.

12. 8 C.F.R., sec. 208.21.

13. For purposes of this paper, the term "removal" encom-

passes exclusion, deportation, and removal as such terms are

defined in IIRIRA.