Vanderbilt Journal of Transnational Law


Mary S. Miller

First Page



The United States Court of Appeals for the Second Circuit is the only circuit court to analyze the relationship between section 235(c) and section 243(h), as amended by the Refugee Act. In "Azzouka v. Sava," the court resolved the apparent conflict between the two acts by holding that if the Attorney General determines that an alien is a security threat, that alien may be excluded without a hearing before an immigration judge despite the fact that the alien has requested political asylum."

This Note examines the interrelationship between sections 235(c) and 243(h) by analyzing the legislative, judicial, and administrative interpretations of the two provisions. The Note then attempts to reconcile the two provisions through a reading of the language of the provisions, an examination of the relevant case law and a particular focus on the analysis and the holding in Azzouka. The Note proposes a balancing of the alien's right to seek asylum and the Attorney General's summary exclusion power. This balancing of interests would allow a judicial determination on the merits of the alien's asylum claim notwithstanding any allegations that the alien is a security threat.