Friday, February 3, 2017

mistake = lie

Marouf v. Lynch,  811 F.3d 174 (6th Cir. 2016)

The Immigration Judge denied asylum to Mr. M:

1] M testified his nose was broken in 2007 when he was punched by an angry Muslim. 
     His wife wrote that it happened in 2006.
     His mother wrote that his nose was broken in an accident.

2] M testified that on the day of the attack, he saw 100 people in a mob outside of his house.
          He later testified that he was attacked by 40 people.

3] Injuries to his cousin: first, M said that cousin suffered a broken shoulder;
                       later, he said a broken arm;

                              still later, he said a broken hand.

Wednesday, January 4, 2017

an activist from Burundi #3

The asylum officer asked:
Tell me about money: who paid your salary? who paid for your plane tickets?
   Who paid money to your brother?
You say your government hates you, but they voluntarily pay you money?
Do you often pay money to someone you are angry at?
How do you know if Smith received the money?
did you see it with your own eyes? did Smith tell you he got the money?
So, you don't know for sure, but you believe he got the money? Does anyone else believe he got the money?
What did the president of your country say about your ethnic group?
How do you know he said that?
How would anyone know if you are a member of that ethnic group?
if someone knows your last name, he would assume something?
if someone heard you speak in the Swahili language, he would believe something?
if someone just looks at you, while you are silent, how would he know your ethnic group?
you were in the military? tell me your complete employment history? did you shoot a grandmother because of her ethnic group?
you say that Smith wanted to kill you? why didn't he? didn't you go to work at the same office day after day? you lived at the same house day after day? were you difficult to find?
Why was the government angry at you, in December 2015?
How did you obtain the marriage certificate?
Is there anything else?
Is there anything else?

activist from Burundi #2

The asylum officer asked:
What words did the officer say to your brother?
How did your brother interpret, or understand, what he said?
Why did your brother believe those words are a threat?
If the threat is against  you, why was your brother afraid?
Where was your brother, at the moment of the threat? standing in the street? sitting inside a restaurant?
Did anything bad happen to any member of your family? Tell me the month/year/city, who did the bad thing, and why
PASSPORTS: I, asylum officer, love passports. They speak the truth. They are better witnesses than any person. Each stamp in the passport means what? the person is at an airport, or at a government office?
Smith told you that Mr. Jones was angry?
Did you send a letter to Mr. Jones? really? did he receive it? how do you know if he did?
Did Jones send a letter to his boss? how do you know? where is the letter now?
Did you see it with your own eyes, or do you just believe, or think, Jones sent a letter?
What did Smith see with his own eyes? what did he hear with his own ears?
    If you do not know, why don't you just say that?  Why not say, "Well, I am not sure; I am not an eye-witness. However, I believe that happened. Other people believe it too."
Did your boss have a reputation among the office workers?  Did most people in the office believe certain things about the boss? So, he had a "reputation"?
is there anything that happened, that makes you believe  your government is still interested in you?
Is there anyone else, who agrees with you, that your government is still interested in you?
Why does that person believe that?

an activist from Burundi

The asylum officer asked:
Who helped you prepare your application? how did  you find that person? how did that person help you?
-did that person write  your application for you, or did you write it yourself?
can you repeat everything on page one of I-589?
-on page two?
what is Date of Birth of wife? of child #1? of child #3?
Where is your family right now?
Tell me all of the international travel of your brother, and of child #2?
Your son is in the country of Kenya? what is his immigration status there?
Your uncle is in France? what is his immigration status there?
When was the passport of your wife issued?
when was the passport of your uncle issued?
How do you know this? who told  you, and when?
what documents did uncle give to government of France?
Tell me all of your international travel!
What is the immigration status of each member of your family?

Friday, December 30, 2016

an activist from El Salvador

The asylum officer asked:
How was your application prepared? who helped you? how did you find that person?
Why are you seeking asylum?
What were your activities for the political party? how did you first get involved?
What did the bad man say to you, as he came close?
He told me not to go to the police; if I did; he would hurt me again
When you saw the man again, what did he say?
When Mr. X talked to your mother, what did he say?
How did you interpret the words that he said? what did they mean to you and to your mother?
is there anything else?

Tuesday, November 15, 2016

an activist from Sudan

The government lawyer asked these questions of the activist from Sudan:
  You were detained in 2013? how were you released? what happened on the day they let you go?
  you were also detained in 2014? how were you released? what happened that day?
    You say your brother paid a bribe to get you out? But  your Declaration, that was attached to your I-589, does not say that, correct? why is your oral testimony today, different from your earlier written statement?
   What was your immigration status in Kenya? why didn't you stay there and become a citizen? can you go there now? what are the current immigration rules of Kenya?
  You say that Sudan is a dangerous country? really? OK, so then why did you voluntarily return there in 2015? why would you go to a "dangerous" country?
How did  you get your visa to enter USA? did you fill out DOS Form 160, on line? did you tell lies to get your visa? do I, the government lawyer, have a copy of that application? [of course I do] but you don't? So I know more about your application than you do?
= =
What jobs have you done here in USA?
You say you were injured in Sudan, and that you went to the hospital? Really? did anyone visit you in hospital, and did they write a letter about their visit? why not? Where are the hospital records? you were too tired and busy to ask for them?
What tests did they do at the hospital?
What did the doctor do? clean your wounds, put in stitches, give you a blood transfusion; give you any medicine?
How do  you spend your time here in USA?
In the last 30 days, did you telephone anyone in Sudan and find out any  useful information? why not?

Friday, September 23, 2016

IJ rules against man from Nepal

the Immigration Judge ruled against Mr. Bhattarai, from Nepal, because:

1] at whose home was he attacked in June 2002?
    First he said, he was attacked at "his home." Later, he said, "at the house of his friends"
Still later, he said his parents lived at the place, at times, and that it was a place "we had rented."
      He should have said, "in 2002, I lived in a house with this address: #32 Main street. That is where things happened: at the #32 house."    If the house had no number, then describe it: perhaps as "the one-floor, wooden  house that is about 45 minutes from the main international airport."
    if you describe the same place with different words, you will confuse the judge.

2] why is the letter from the doctor different from the testimony in court about the injuries?
      In front of the Judge, he said he was hit on the head.  The doctor's letter said there was injury to his right elbow, and it said nothing about his head.
         In fact, he was hit on his head and also on his elbow. The injury to his elbow was much worse than the injury to his head. He could have said, "I told the doctor I had been hit on the head; he did not write it down, I am not sure why; perhaps because he did not treat my head; he only treated my elbow.

3] why doesn't the letter from his political party mention the date and extent of his injuries?
            He could have testified: "I asked them to write a letter, they did not want to, out of fear, finally they wrote what they wrote. I was too tired and embarrassed to ask them to write a new letter.
I am annoyed by their brief letter; but what can I do? They wrote what they wrote."

4] why didn't your brother, who lived 60 minutes away from the court, come to the court and testify?
       This annoyed the Judge, who believed that the brother did not testify because he would not have corroborated the story.  The real reason for the absence of the brother was that he did not want to miss a day of work; the applicant was unable to reimburse him for his lost wages.