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Shouldn't All Asylum be "Humanitarian"? A Case for Merging Traditional and Humanitarian Asylum and Eliminating the Particular Social Group

The George Washington Law Review

In this issue of The George Washington Law Review, Katie Cantone-Hardy discussed the framework of asylum law in the United States and challenges asylum applicants face when applying under the "particular social group" (PSG) eligibility category, particularly due to a lack of consistent standards for PSGs, the added hurdle of proving a PSG exists, and precedential challenges that render PSG highly vulnerable to political manipulation. "A review of recent opposition between circuits over identical PSGs exposes the confusion and unpredictability perpetuated by the lack of a statutory definition—and how even courts that apply the same criteria may vastly diverge in their interpretations," Cantone-Hardy wrote.