Revista Temas de Derecho Constitucional

159 La concesión de asilo como mecanismo de paz y desafíos recientes dentro del procesamiento de casos de asilo de los solicitantes venezolanos en Canadá y los Estados Unidos Rojas Colina was considered to have the power to hire for a joint venture with the state, he was performing a political function, not just economic. It may be argued that the Court of Appeals pursued an outdated, conservative approach to nexus that does not suit current manifestation of political persecution within Latin America which are often tied to opposition to corruption. In comparison, one may consider the Supreme Court of Canada’s holding in the Marino Gonzalez case: 9 “An individual knowledge of or opposition to corruptionmay constitute political opinion; the meaning of “political opinion” is not confined to partisan opinion or membership in parties and movements and does not refer exclusively to national, political or municipal state politics; and refusal to participate in corruption may constitute the expression of a political opinion.” The reluctance of the U.S. Court of Appeals to recognize the nexus to political opinion indicates a risk that claims from Venezuela may face significant impediments when seeking access to asylum. Conclusion This article has identified some of the principle dilemmas facing Venezuelan asylum seekerswhofileclaimsintheUnitedStatesandCanada. Theneedtostrengthenoversight of lower immigration courts by Federal courts of appeal is underscored as essential in correcting arbitrary credibility determinations, credibility fatigue, uneven evaluation of evidence, and failure to identify a nexus to political opinion. Unfortunately, as the number of asylum claims rise, the rate of denial also escalates, in 2017 it is estimated that over 61% of asylum claims in the US were rejected. 10 At present the US Immigration Court systemhas a backlog of 850,000 cases and only 450 immigration judges, who have been instructed to process over 700 cases per year. 11 Critics of the dysfunction of the immigration system have described it as oriented towards deterrence and deportation, rather than protection. 12 Specifically, there is a call to end the link of the US immigration courts to the Justice Department and instead create a truly independent court system. Similarly, Canada has had an increase in the number of asylum cases and a backlog in processing them. This resulted in a government initiative to reform the immigration law to enable deportation based on application of the “first country of asylum principle”, 9 Marino Gonzalez, Francisco v. M.C.I. (F.C., no. IMM-3094-10), Russell, March 30, 2011; 2011 FC 389 at paras. 58-60, cited in: https://irb-cisr.gc.ca/en/legal-policy/legal-concepts/Pages/RefDef04.aspx 10 The US statistics are available here: https://immigrationforum.org/article/fact-sheet-u-s-asylum-process/ 11 https://www.washingtonpost.com/immigration/burgeoning-court-backlog-of-more-than-850000-cases- undercuts-trump-immigration-agenda/2019/05/01/09c0b84a-6b69-11e9-a66d-a82d3f3d96d5_story. html; the push to decide over 700 cases per year is chronicled here: https://www.bbc.com/news/world-us- canada-43623919 12 A critical report by the Southern Poverty Law Center is available here: https://www.splcenter.org/20190625/ attorney-generals-judges-how-us-immigration-courts-became-deportation-tool, it sets forth that the immigration justice system is politicized, unaccountable, biased, fails to apply the law, violates procedural justice, and produces inconsistent decisions. A notable opinion piece by a former immigration judge also calling for reforms is available here: https://www.latimes.com/opinion/story/2019-08-03/immigration- court-judge-asylum-trump-policies.