Wednesday, December 24, 2008

is letter from father consistent with your story?

Ms. Lin, from China, was denied asylum because:

1. she said she was in prison; letter from her father did not mention prison. The father wrote about other subjects.
2. she said that father paid a bribe to get her out of prison; letter from father was silent on that subject.
3. she said her friend was in hiding and in great danger; letter from friend did not say that

Thursday, December 11, 2008

can you really remember details from 5 years ago?

Ms. U, from the Ukraine, was denied asylum for these reasons:
1. she said she was arrested on "Saturday, October 19, 2003." But, a calendar shows that October 19th was a Sunday. [Ms. U should have said, "I was arrested in mid-October, 2003.]
2. she said, orally, at the interview, that she first contacted Mr. D via telephone. However, in her written application she said it was by letter. [Ms. U should have said, "I contacted Mr. D. He gave me info about X. I later contacted him, again, several times."]
3. she added many details in her oral testimony, which were not written down in her application. [Ms. U should have written: "There are many more details to my story. I was advised to keep this short. I will add more details later."]

Monday, December 8, 2008

against forced marriage in Cameroon

The Asylum Officer asked these questions, of the woman, Ms. C, from Cameroon, who was against forced marriage:
1. where do you hold citizenship? where else in the world have you traveled? when did you last enter the USA?
2. what was your last address in your country? what street did you live on? did your street have a name?
3. tell me the names of your father, mother, each brother, each sister, and where does each one live today? why didn't even one brother send you a letter of corroboration? did you ask both brothers? why not?
4. why did you apply for asylum? whom do you fear? why? when was the most recent threat?
5. you arrived in USA eleven months ago; why the big delay in applying? was it hard to find a lawyer?
6. what was the worst thing that happened to you in your country?
7. did Mr. X hurt you? how? what weapons did he use? his open hand? a slap? punched you with closed fist? hit you with belt? pulled your hair? pushed you? insulted you in front of others? made oral threats to kill you? what words did he say? what language?
8. did you report problems to the police? where is the station? what buildings are next to it?
9. Describe the policeman who took your report: age, height, glasses? weight? attitude? what language did he speak? what did he say to you? what did you say?
10. Mr. X lives in the city of Yaounde? OK, so go live in Bamenda: why not? go live in a small town? why not? how can Mr. X reach you if you are ten hours away?
11. is there anything else?

Friday, November 7, 2008

why aren't you active here in USA?

The Government lawyer asked these questions of Mr. E, from Ethiopia, who claimed his government tortured him because of his political opinion:

-when did you join the political party? why? what did you do? did you ask people for donations? sell things to earn money? distribute pamphlets and papers? invite people to meetings/rallies/demonstrations?

-do you know your own history? can you repeat your story, chronologically? do you know what happened before what? the first demonstration was before the election, or after?

-why did you wait so long to join a group here in USA? aren't your political opinions important to you? what activities did you do, here in the USA, that your government is aware of? why do you think your government is aware of your activities? maybe they are bored with you. Are you a big shot? are you important?

-at the time of your arrest, what words did the officer say? what else did he say? what language did he speak? can you repeat his words?

-what physical harm did YOU suffer? do not tell me about others; tell me about you, yourself.
-you had no problems at the airport, when you left your country? why weren't you arrested at the airport? did you pay a bribe? how much? how did you pay the bribe?

-did you tell your friend about your problems in the old country? what did you tell him? did you tell your friend about your activities here in USA? what did you tell him?
-tell me about your passport: when was it issued? where did you travel? how did you get a visa?
-how were you able to travel?
-did someone in the USA attempt to verify your story, by contacting someone in your country?
why not?

Thursday, November 6, 2008

why does the Judge want an overseas investigation?

The GAO issued a study in September 2008 entitled "US Asylum System." The study presents survey results from a large number of immigration judges:

1. 29% said they believed there was fraud in half of asylum cases; 19% believed there was fraud in "most" asylum cases; 6% believed there was fraud in "all or almost all" cases. 29+19+6=54%.

2. a large number of judges reported there was "lack of overseas information" about the claim. The judges believe "it is the role of the ICE trial attorney or the asylum applicant to gather information from overseas agencies." [at page 67 of report]

3. 86% of judges reported that is would be "very useful" if an overseas investigation occurred.

CONCLUSION: a family member of each applicant should talk face-to-face with the US Embassy in his city, about the claim of applicant. The applicant should inform the US Embassy of the name, address, and phone number of the family member who wants to provide information.

Tuesday, November 4, 2008

why was a fatwa issued against you?

Questions asked of a liberal Muslim from Pakistan:

do you have any originals for me to look at? what is your ethnic group? what is a "liberal" muslim? when did you last leave your country? when did you last enter USA? what is your current immigration status in USA? can you prove you were in status?

Show me your passport! I want to look at every stamp in it. Did you examine your own passport before coming in here today? do you know all of your international travel? why not?

why didn't you leave your country faster and sooner? did you have trouble getting enough money together, for airplane tickets? to pay rent upon arrival in USA?

why didn't you apply for asylum faster, after you arrived here in USA? why the long delay? did you have trouble hiring a lawyer? did you have trouble getting corroboration?

did you receive any letters from your old country? where are the envelopes? did the letters really travel from far away?
Why was the Fatwa translated in Pakistan, and not in USA? when did you first find out about the fatwa? how did you find out? why was it issued? how do people in Pakistan know it was issued? how do they find out?

did you ever hear of another fatwa? tell me the year/city/circumstances!
what is the "law" in Pakistan? is there a "religious" law? what does it say? who is the expounder of the fatwa? what is a mufti? can anyone challenge his opinion? did you ever hear of a fatwa that was issued, and then later it was changed or withdrawn?
In Pakistan, can a female go to the mesjid?
who would harm you? the government? your family? who exactly is angry at you?
Is there anything else? OK, we are done. Is there anything else?
is "internal relocation" possible for you? were you "firmly resettled" in another country before arriving here in USA?

Friday, September 26, 2008

did the Burmese applicant really go to protest?

The Asylum officer apparently was not sure if the applicant really attended the protest. The officer asked: 1] any police officers at the protest? how many? see any police cars? was anyone arrested? anyone harmed?
2] what did you do at the protest, besides just stand there? you held a sign? it said what? you shouted words? what did you shout? in what languages? what did you shout in English? what did you shout in Burmese? please write it down on this piece of paper
3] when was your last protest? what did you do, at it?
4] is it important for you to protest? why? why is it important?
5] what would democracy do for the Burmese people? can you be more specific? was the protest peaceful?
6] why is it important to protest peacefully? were any of the people armed? were any of the people harmed? how would your government know that you were protesting? did government have spies on the sidewalk, who stood among the protestors? how do you know that? who says?
what is the DVB? did they write a report?
7] how else would government know about you? how do you know they took photos? but, lots of people protested? you were just one among 50? how would they know about you?
8] when you obtained your passport in Rangoon, you gave them a photo? so, your photo now is in Rangoon? if someone took your photo, while protesting, they could compare that photo to your photo, on file, and find out your name?
9] how else would government know about you? you wrote a letter to the embassy on S Street NW in Washington DC? why? did they really receive the letter? did they read it? did they answer it?
10] you say you sent papers to your father in Rangoon? what did you send? why? how did government find out you sent them? is it dangerous to send political papers to father? why send it then? so, you were aware of the risk? Oh, you did not send by post, or by mail? you sent via a private courier? did the courier know what was inside the package? was he willing to take the risk? did father actually receive the package? how do you know? why was father arrested?
11] if you return to your country, what would happen? why would you be arrested and tortured?
where is sister today? where is mother today? where is father?
12] tell me the name of one person who protested in USA, and then was arrested upon arrival at the Rangoon airport! how did government know he protested in USA?
13] has government issued a warrant for your arrest? why not?
14] is there anything else? Ok, that's interesting. Anything else?

Wednesday, September 24, 2008

The Asylum Officer asked: how did you enter USA? in what status? did you report to the ship when you arrived in Miami by airplane?
1] who helped you prepare Form I-589? did someone read it back to you, in your language?
2] what is your name? ever used any other names? when did you last leave your country? when did you last enter USA? tell me all about your international travel: why did you go there, why leave?
3] name of spouse? her date of birth? her place of birth? can you repeat everything on page 1 of Form I-589? everything on page 2? page 3? page 4? page 5?
4] where did you live in burma, before coming to USA? where did you live in USA? tell me all of your addresses for the past five years?
5] did you work here in USA? you worked without an Employment Authorization Card? [EAC]
6] did you work in Florida? did you work in New York? why do you hesitate? why aren't the names of these employers on I-589? why do you make me ask the same question twice? isn't that boring and irritating for me?
7] tell me all about your father: his place of birth; date of birth; where did he work? did he ever suffer physical harm? emotional harm? economic harm? where is he today? what is he doing?
8] tell me all about your mother
9] tell me all about brother #1; now, sister #1
10] did you write your story in Burmese? where is it? did you review your statement? how? is everything in it true? how do you know, if you can't read English?
11] why didn't you leave your country sooner? why didn't you apply for asylum sooner?
12] Your declaration is only two pages long? but you still cannot repeat it? why not? your Declaration says the protest was in January, but you told me the protest was in March? Are you a moron? you do not even know your own story? what is wrong with you?
13] when was your first protest? where? what were you protesting against? is it dangerous for you to protest? if it is dangerous,, why do you protest? what were you protesting for, or against?
14] why, all of a sudden, did you begin to protest in USA? how many people were at the first protest? what time did the protest begin? how long did it last? how did you find out about the protest? who organized it? do you know the name of one Burmese organization in your city?
15] is there somewhere I can go on the internet, right now, to find out about the next protest and your organization?
16] what did you do at the protest? what words did you shout? in what language? what size sign did ;you hold? what did it say? did you do anything else/ did you distribute pamphlets?

Tuesday, September 23, 2008

Hernandez denied because he could relocate

Mr. Hernandez was denied asylum, for many reasons:
1. He said he was often beaten by the bad guys, but he did not flee his country for months. He did not explain why it took him so long to leave his country.
2. He said he really wanted asylum, but he was slow to apply for asylum here in USA. He did not explain why it took him six months to file his case.
3. The Judge said: Yes, the bad guys hit you. But, it was not that severe. Your injuries were too small. You have no emotional suffering. You did not suffer any economic harm.
3. The Judge also said, "yes, the bad guys hit you in the city of Guadelope. OK, so, go live with your uncle in the city of Orlando. You would be safe there."

Gomez was denied because he was inconsistent

Mr. Gomez, from Honduras, was denied asylum, in part because he was inconsistent with himself and with the letters from his family.
1. Gomez testified he had an important, well-known, political opinion. However, not one of the letters from his family members mentioned anything about his alleged opinion. Also, there was no evidence that he "actively worked" in politics, or with any groups that had opinions. Furthermore, he did not "actively work" with any political groups here in USA. Gomez did not clearly state what his political opinion was, or how he expressed it, in his country.

2. In his written application, Gomez wrote that he was first threatened on September 6th. In court, he orally testified the first threat was on September 2nd.
3. In his written application, Gomez wrote that he was threatened by a group of 15 men, none of whom he recognized, and that he did not know any of their names. In court, he orally testified that among the 15 men, were "Miguel, Fito, and Noe."

activist from Burma #2

More questions:
16. what was the worst from of harm you suffered?
17] why do you fear they would arrest you? why would government think your family is a traitor? why did government arrest your father? what did the soldier say? what did father say?
18] why don't you answer my questions right away? why do you make me repeat the question?
19] why would government think your family was not loyal to government?
20] why was father harmed? was it because of his political opinion? how did government know about his political opinion? how and where did he express it? did the government watch and see what things your father did? how did father make his opinions known to the government?
21] why didn't you flee from your country faster and sooner?
22] why didn't you apply for asylum faster and sooner, here in USA?
23] if you fly airplane to Rangoon airport tomorrow, what would happen at the airport? why do you think that? do you know anyone who agrees with you, that a person who protests in USA will get arrested upon arrival at the Rangoon airport?

24] you say you were photographed while you were protesting? was it a man or a woman who took your photo? what kind of camera was he holding? how was he holding it? how big was the camera? what was he wearing? what did he look like? was he fat? thin? young? old? glasses?
25] weren't you afraid to protest, if you knew your photo would be taken? how do you know if government keeps track of protestors? who says the government faxes photos to Rangoon?

an activist from Burma

The Asylum Officer asked : 1] show me all of your passports! do you know what each stamp means? 2] who helped you prepare I-589? did he read the application back to you in your language?

3] do you have legal status in any other country? did you travel through any other countries? why not apply for asylum in Bangkok? in Paris? do you speak the language there? do you have any friends there? did you have a visa to live there?

4] are you a practicing Buddhist? why not? do you know a monk here in this city/ why don't you?
5] when did you last leave your country? when did you enter USA? are there errors on your I-589? you were too busy to correct them?

6] why do you fear returning to your country? why would your government arrest you?
7] why would you get arrested? why don't you answer my question the first time I ask it?
8] Tell me details! where you really at the protest? if so, tell me details: was it warm? cold? windy? time of day? how many others were there? was anyone inside the building? what did you see?
9] why don't you like your government?
10] when and where did you protest in your country?
11] when and where did you protest here in USA? how many protests did you attend? where was the first one? the second one? the next one/
12] did you really stand on the sidewalk, hold a big sign, and shout words? really? tell me details!
did you go to the protest with anyone else? how did you know about the protest? what was it you were protesting? was it anything in particular?
13] where exactly did you stand? how many feet from the street? who was next to you? why don't you have photos of each protest? how did you get to the protest? walk? take a bus? friend give you a ride?
14] tell me the names of the organizations which organized the protest
15] tell me the names of the other protestors? why don't you know their names?

Wednesday, September 10, 2008

why didn't applicant read her own papers?

Ms. Bah was denied asylum. why? because she did not read her own papers.

1. When she talked face-to-face with the Judge, Ms. Bah said she joined the political party in the year 1998. But, she gave a membership card to the Judge which said "1999."!
2. she told the Judge she was arrested and imprisoned for three weeks in June 1999. But, the letter from her political party said, "the government tried to arrest Bah several times." The letter did not say Bah was imprisoned for three weeks.
3. Ms. Bah's husband wrote a letter of support, but he wrote about other subjects: what the party did, what happened to a friend, what the President said. He did not write about his wife's being imprisoned for three weeks.

Friday, September 5, 2008

should you talk to your witnesses before court?

Mr. E, from Burundi, was denied asylum, even though he suffered great physical harm, and he had witnesses who came to court. Why did he lose his case?
1. On June 23, E testified he saw his brother at home. Brother testified that they saw each other, not at home, but at the hospital. The Judge said this means E is a liar.
2. E testified that he was beaten three times, and that he was in prison for one week. The letter from father said that E had indeed been beaten three times. However, the letter said nothing about being in prison. The Judge said this means E is a liar.
3. E testified he was arrested by government agents, who burned him on his hands. E produced hospital records showing that he was treated for burns on his hands. The Judge said, "OK, he was burned on his hands. But, who burned him on his hands? maybe his sister; maybe it was an accident. Also, why was he burned on his hands? because of his political opinion? Maybe it was for some other reason. I do not believe the government burned him, because of his political opinion."

Saturday, August 23, 2008

read your own application before court!

Mr. Kabba, from Sierra Leone, wrote things in his I-589. Later in court, he was inconsistent. Was he too busy to read his own application before going to court, which would be the most important day of his life?

In his I-589, he said his brother was in a political party named "S-A-K-." In court, he said he did not know the name.

In his I-589, he said his brother was very active in politics, but that he [Kabba] did other things. In court, he said, "Oh yes, I worked hard for a presidential candidate, because I wanted him to win."

This annoyed the BIA, which said no asylum for Mr. Kabba.

Thursday, August 21, 2008

lots of "why" questions, continued

The Asylum Officer asked more questions: why did you protest? how mant times did you protest in USA? why no protests in Burma? is it dangerous to protest in USA? so, then why did you protest? who is Professor Than? why did he protest? he said he wants to protest in Burma? and be sent to prison? why?

who organized the protests in USA? who did you protest with? how did you find out about the date of the next protest? what does "protest" mean? does it mean: stand on sidewalk, hold a big sign that says "free Burma" and you shout out words, such as "free burma"?

why was your brother arrested? how did government find out, about his activities?
Isn't it risky to send political materials to your brother in Burma? so why did you do it? why would you endanger your brother?

you say you protested in USA? do you have a letter of corroboration from another protester?
why did you decide to protest, in the first place? where was brother arrested? was he sentenced to prison? why do you say you don't know, when a letter from mother says he was sentenced? did you read the letter from mother? do you know the contents of your own application?
Did anything else happen to your brother?

If you return to your country, what would happen? why would that happen?
when you stood on the sidewalk protesting, how does the government know your name? is your passport photo on file with the government? so, they can compare passport photos with the people who protest?
Is there anything else?
anything else?

Wednesday, August 20, 2008

asylum officer asked lots of "why" questions

The Asylum Officer asked lots of "why" questions of Ms. B, a political activist from Burma:
But first, the Officer asked: "show me your passport." Show me all envelopes! show me all originals! Tell me your complete U.S. immigration history.

How was this letter delivered? by hand? by a suitcase? by DHL? ordinary mail?
Tell me how you got your US visa. What questions did the US officer ask you in Yangon? what did you answer? did you tell the truth? what was your intent at that time?

tell me about each member of your family: where do they live, where do they work, is each one politically active? why not? are you different from the other members of your family?

why did you leave Burma? any other reason? did you have mixed motives? were you confused at the time? did you have full knowledge, and were you able to make a complete plan? why did you apply for asylum? why would government arrest you? how do you know the government cares about you?
What did government tell your mother? how did government know what you were doing in New York? how did government learn about you? are you a big-shot? are you famous? why do you think your government cares about you? do you have delusions of grandeur?

if your family letters are inconsistent, you will lose

The Judge ruled that Mr. B, from Burundi, did not deserve asylum. He was one-half Tutsi, he was beaten and hospitalized twice, [and he had records from the hospital]; his father was imprisoned; his brother was murdered, but still, he lost. How could this happen?

The letters from his family contained details different from what Mr. B said in court:
1] Mr. B said he saw brother and sister at home, before he went to the hospital; but brother and sister said they saw him only at the hospital
2] Mr. B said he was arrested and imprisoned; letter from father talked about other subjects and did not say B was imprisoned.

Yes, the hospital records show that B had burns on his hands. However, why did he have burns? did the bad guys make the burns on account of the political opinion of B? Who knows? maybe the burns came from an accidental cooking event.

Tuesday, August 5, 2008

Man from Columbia, #2

The Assistant Chief Counsel asked: 1] why didn't you flee from your country sooner? why the delay? did you need time to get money and passports? 2] upon arrival in the USA, why not apply for asylum sooner? why the delay? did you need time to get money and find a lawyer?

3] what did the bad guys want? did they want to punish you for your political opinion?
4] OK, you received some phone threats. Anything else? did other, similarly-situated people get phone threats and then get killed? how did this make you feel? how did you sleep at night? did you ever have nightmares?
5] was your house damaged physically? someone broke windows, and pushed in the door? why not report this to the police? any damage done to your car or motorcycle? to your place of business?
6] you say the FARC hates you? does anyone agree with you? how come no one will write a letter of support for you? did you even ask anyone to write a letter? what was his response, when you asked?

man from Columbia who feared the FARC

The Assistant Chief Counsel asked: 1] do you have personal knowledge of the attack; i.e. did you see something with your own eyes? 2] when John talked to you, did you see any emotions on his face? when he spoke, did you perceive any emotions? was he nervous, agitated, anxious? talking rapidly; crying? rubbing his hands?

2] after the attack, did you make a report to the police? why not? have other people reported similar things to the police, and got no results? did the bad guys specifically order you to NOT report to the police?

3] where did you live, and where did you work, from January 2001 to December 2005.
4] you lived in the city of Bogota? the bad guys made phone threats? so why not move to another city? isn't "internal relocation" possible for you? can the bad guys really find people, everywhere?
5] you suffered no physical harm, from 2002 to 2004, correct?
6] was there a time period where the threats diminished? you will admit at times you had no problems? what are "credibility enhancers"?
7] shouldn't a family always stay together? isn't "family unity" a real principal? how come you were separated from your wife?
8] what did the bad guys want from you? according to them, how could you redeem yourself?
9] what was the political opinion of the bad guys? what was your political opinion? did the bad guys know your opinion? how did they find out? how do you know, that they knew?

Friday, July 25, 2008

questions to a Tibetan

The Asylum Officer asked:
Lawyer, show me some I.D.! Applicant, show me some I.D.! what is your current immigration status here in USA? you arrived in USA in 2004? why wait so long to apply for asylum? why didn't you apply sooner?
- the USA issued you a visa on 24 september 2004? why didn't you flee from your country immediately? why the delay? you say you needed time to get money?
-why are you seeking asylum?
-why do you fear for your life? on account of what?
what is your political opinion? what is your religion?
-who wants to harm you? why?
You say that you lost your I.D. in India? did you try to replace it? why not? would that have been a waste of time? if you return to India tomorrow, what would happen to you?
what is your religion? do you practice your religion? how?
what is your political opinion? do you feel strongly about it? why or why not? when did you start feeling this way? how did you voice your opposition to your government?
-how else did you voice your opposition? did you protest? write articles? write letters?
HARM:
did you suffer harm? 3 kinds of harm: 1] physical 2] emotional 3] economic
when was your first physical harm?
did anyone yell threats at you? how did that make you feel? what thoughts went through your mind when you heard the threat?
-could you earn money in India? why not?
did they deny medical care to you? did they deny health care? were you under constant surveillance?
-Did you suffer anything else in India?
did anyone call you a name?
Did you suffer any other harm?
what did the guard say, when he arrested you?
If you return to India tomorrow, what would happen?
Who will harm you, if you return to India? why? couldn't you relocate somewhere else in India, such as in a small village and be safe?

Monday, June 30, 2008

Mr. T, from Congo, was denied asylum

The court of appeals agreed with the Judge: no asylum for Mr. T, because:
1] he did not prove he was a member of the opposition party;
2] he was not active here in the USA;
3] he returned voluntarily to his country, after he was imprisoned;
4] his country gave him a passport, and let him leave his country with no problem
5] his wife, brothers and sisters, still live at peace in his country. So, go live with them! If they have learned how to live in peace, go live with them

Tuesday, June 10, 2008

Why Mr. M, from DRC was denied asylum

Judge Easterbrook denied asylum to Mr. M, who said he was beaten four times, because:

1. Mr. M was inconsistent; each time he repeated his story, he changed some details.
2. Mr. M did not give details about many things. "Liars tend to say less, and to provide fewer details."
3. Liars tend to distance themselves from their lies; they include fewer references to themselves; they do not state their own personal feelings.
4. Truthtellers know they have forgotten certain details and are happy to admit it.

5. some details have the "ring of truth:" "the guard who hit me had bad breath"
"the wall of my cell was light-brown."
6. What thoughts went through your mind? "as he pulled out his baton to hit me, I feared I would be crippled for life. I envisioned my friend John who is in a wheelchair."

Wednesday, May 28, 2008

questions asked of an activist from Burma

The Asylum Officer asked: "what is your address? do you really live there? what is your cell phone number? why is the area code from far away? do you really live there? who do you live with? what is her immigration status?

when did you leave your country? when did you last arrive in USA? today, where is your mother? father? brother #1? Brother #2? sister #1 lives in Singapore? what is her status there?
Show me your passport! when was it issued? when did USA give you a visa? where else in the world did you travel? why can't you get status in one of those countries? how did you get the passport? was it hard to get? you paid a bribe? how much?

why are you seeking asylum? why did you leave your country? what was your plan at that time? at that time, what was your knowledge of the USA and the rules for applying for asylum? if you did not know, then you could not form a plan, correct?

were you harmed in Burma? did you suffer physical harm? emotional harm? economic harm?
Were you a member of any organization in Burma? what job did father do in Burma? sisters? brothers?

how did you find out about the protests in USA? who sponsored the protests? weren't you worried about government spies at the protests? So, why protest then? why did your friend take photos of you at the protest? can't photos be used against you? did you see a man inside the Embassy taking photos? why did he take photos? you say you fear your Government; but, you protest. Isn't that a contradiction?

how did the government find out about your sister, and that she was disloyal? did sister write a letter? are her details consistent with your details?
The more details you write down, the more you must be able to repeat!

Friday, May 23, 2008

more Cameroon questions

The Asylum Officer asked: "you were arrested three times? when was the first time? what were you doing at the moment of your arrest? were you standing in the road, holding a large sign? were you sitting inside a room, inside the school, during a meeting? what happened? did the soldier say anything? what language did he speak? did he touch you? did you grab your shoulder with both of his hands? or did he just point his rifle at you, and tell you to get into truck? why did he arrest you? how do you know?

where did he take you? inside the prison, did anyone talk to you? in what languages? what did guard #1 say? did he have any weapons? did he touch you? how? where? he hit you on your head, with his baton? did you see any blood? where did you see blood? on your hands? sleeves? shirt? pants? on the ground? what happened to you, personally? how were you injured? do not worry about others; tell me about yourself. did anything else happen? did you suffer any more physcial injuries? did you hear any threats? did you suffer emotional distress? what thoughts went through your mind, when the guard said he would kill you? did you believe him? why?

what questions did they ask you, inside the prison? did they want to know who planned the demonstration? did they ask when the next demonstration would be?

how were you released? how did your father know that you were inside the prison? where did you go after being released from prison? did you go to the hospital? why not? because you were not injured that much? because you had no money for a hospital?

do you have any scars? do you have any photos of scars? I see a scar on your right forearm. where did that scar come from? do you have any scars not caused by the bad guys?

you say you were arrested in 1999 and in 2001? but you told Dr. Smith you were arrested in 2002? did you read the letter that Dr. Smith wrote? why are you inconsistent? it is your own story, and you cannot even tell it twice in a row in the same way?

Cameroon: pro-democracy activist

The Asylum Officer asked: "show me your passport!" Let's look at each page. when was it issued? when did you get visa from US Embassy? when did you last leave your country? when did you enter USA? Oh, you lived in a third country? what was your immigration status there? can you live there now? if you can live there now, you do not need asylum here in USA, correct?

Tell me about each of your brothers and sisters: where do they live, how did they suffer? how come you suffered harm, but they did not?

why are you applying for asylum? why do you fear your government? why is your government angry at you? what is your political opinion? does your government know you have that opinion? how do you know, that they know?

were you a member of any organizations in your country? what is the SCNC? what does it stand for? what is its platform? what are its goals? who is the Chair of the SCNC in your country? when did you join? why? what were your activities? what did you do as a member? you sat in a chair in a room and listened to other people talk? you talked yourself, and discussed future options? you asked people to donate funds? you distributed literature? you handed out pamphlets to people on the sidewalks and streets/

why did you protest in front of the Embassy here in Washington DC? what else did you do here in USA? you stood in front of embassy, and held a large sign? you chanted slogans? in what languages? what did you chant in English? what did you chant in French?

are you presently a member of any organizations here in USA?

Friday, May 16, 2008

more questions to DRC activist

The government lawyer asked: when was your last contact with your husband? last contact with your son? you say the warrant was faxed to you? where is the original? why wasn't it mailed to us?

You left your country in July 2005? you went to another country? why not stay there? what was your status there? why not seek asylum there? in the last 10 years, has that country granted asylum to even one person from your country?

before you left your country, you were planning to come to the USA? you were planning to live where? with whom? what was your intent? what was your knowledge of asylum laws in USA? upon arrival, did anyone tell you that you could apply for asylum? how long was your airplane ride from Paris France to Dulles airport? when you got off of the airplane, how did you feel? tired? did you stand in a long line?

Questions asked of the witness: born where? your status in USA? the last time you were in the old country was when? you first met the applicant when? what did she tell you about her problems?

activist from Congo-Kinshasa

The government lawyer asked: tell me about your passport: when was it issued; how was it issued? if your government hates you, why does it do something nice for you, such as giving you a passport? you say the police department in the Northwest section of Kinshasa detained you, and that they think you are disloyal? did that department send information about you to the Immigration Department in the Southeast section of Kinshasa? Mr. Smith, in a building in southeast Kinshasa, issued you a passport? did he receive information from the police in northwest? did the police send info to the Immigration Department? if they did, was that information passed on to Mr. Smith? If not, then, Smith did not know? In other words, one department of the government does not know what happened in the other department? in the USA, if Mr. Jones does a crime in New York, does the Immigration Office in Fairfax VA know about it? if information is missing or incomplete in the USA, are there even more problems in the Congo?

Friday, May 9, 2008

AO asked an activist from Burma

What is your full name? Did you ever used any other names? What is your telephone number? Why do you have a FL area code while you live in NY? How long have you lived in NY? You have been here for 6 yrs and you still have FL code? Maybe you dont really live in NY? For the last 6 yrs you lived in NY, doesnt it bother you to have a FL area code? So when you make calls in NY, its like you are making long distance calls? What is your current address? Who do you live with? What is your friend's name? What is your friend's status? Your date of birth? What is your ethnic group? What is your religion? What type of Buddhism is your religion? When did you last arrive in the US? Arrived as a crew? Marital status? Any children? Where did you live in Burma before you came to the US? What was the last school you attended in Burma? Studied what? Where? For how long? Are you working now? Where? What kind of work? Mother's name? Father's name? How many brothers and sisters? All living in Burma? All born in Mon State? Why did you leave Burma in 2001? How did you get your passport? Any harm or threat before you left Burma? Have you ever been a member of any organization? Is anyone in your family ever harmed or threatened by anyone? What did your father do? What kind of merchant? Your brothers and sisters, what kind of work? Your mother? When did you arrive in Miami? Why you decided not to return to Burma? Why did you decide to apply for asylum? Why would the government of Burma care that you protested? Why do you think the government will arrest you? When did you start protesting? Why? Over the years you were here, many reports about political protesters were arrested and in jail, many human rights violations and you did not get upset, why in 2007, you got upset all of a sudden? Why did this upset you than other times? Why did it upset you about monks but not students or other pro-democractic activist? Why not about Aung San Suu Kyi? So what did you do in response to that? You have a computer at home? What program did you use to download vidoe files? What was your plan with the video cd? What were your intentions to do with it? Dont you think your family know that? When did you make the vcd? How did you send vcd to Burma? Did you put your name and address on it? What note? How is your nephew going to make vidoe copies? Military Intelligence in Burma is very strict, how was your cousin going to make copies? How did he get cd copied? you sent 100 empty cds there? How did you get it through custom? How could you have gotten 100 empty cd throughj Burma without problems? Why would you put your nephew in trouble? Did you ever go to any organization here in the US and asked them to help you? Thats not my question. Why put your nephew in trouble? sent him cds and told him to make copies and distributed them to friends, why would you risk your nephew's life? Why would you do that to a family member? Why did you go to a Burmese organization here in the US for help? If you were that interested in anti-government demonstration, why not contact an organization here in the US, insted of putting a family member in trouble? Was your nephew ever politcally active in Burma? So he has been active? How did you find out about the demonstrations you participated in here? Who sponsored these demonstrations? Are you worried about government spies when you demonstrated? If you didnt know who are government spies, why went there? You said earlier you worried about government spies, why went and protested there now? If you didnt care about spies or your life, why did you go and ask help from Burmese organizations here in the US instead of putting your nephew's life in trouble? You just said you didnt care if they arrested or kill you? You took pictures of your protest? Who took your pictures? Why allow friends to take your pictures when these could be used against you? What is the purpose of taking pictures? How do you know government employee took your picture? Earlier you said you worried about getting arrestedm you worried about government know what you are doing, you worried about govenrment spies and yet you kept going back to protest? Contradicting yourself here? On one hand you said you were worried about your government, yet you keep going there? Explain why? You have a copy of the cd youmade? you labeled birthday photos on the cd? How many cds did you mail to Burma? What happened after you sent the cd to Burma? When did this happen? Where is nephew today? In your statement you said Insein prison? How did you know that? When did sister write letter? What did she write? How did you know nephew have equipment to do vcd? Anyone know how MI found out? When did MI go to sister's house? When was the next visit? U said it was a week after nephew was arrested? What happened then? What did sister say to MI? When did you find out about this? If all these happened in January, why didnt sister mention it in her first letter? Sister's letter in February mentioned nephew's arrest, why didnt sister mention it in her first letter in January? Why just mentioned it later in second letter in Feb? Did you call sister after you received her letter? How did she mail letter to you if she was so watched by MI? Any other letters or calls from Burma after March? What's in letter April 16th? Anything else? You mentioned earlier he was in Insein prison on page 5 of I-589, now you are saying, you dont know where he is at? The cd has photos not video? Anything else?

Friday, April 25, 2008

man from Guatemala denied because inconsistent

The Judge denied asylum to Mr. G, from Guatemala, because: in the I-589, Mr. G wrote he was tied to a pole; in court, he said he was tied to a tree. In his I-589, he wrote that he was beaten with the butt of a gun; in court, he said he was beaten with fists.

Also, he waited several months before applying for asylum. Furthermore, he said he was beaten in city #1. OK, so go live in city #2 or city #3. There was no evidence the bad guys were in all of the cities.

lessons learned in Baltimore in February 2008

the Judge is very interested in the I-589. does the applicant know what it says? if it is in English, can someone translate it into French? Applicant: why don't you translate it into French?
In the courtroom, will the applicant be consistent with the I-589? if applicant is inconsistent, the Judge will think applicant is stupid and lazy.

What did you do, every day, from the day of release from prison to the day you left your country? if your government really hates you, why didn't it arrest you at the airport?
A picture is worth 1,000 words. A photograph is worth 1,000 words.

Why did the ACC say that 80% of asylum cases are fake?
does your membership card contradict itself?

will the Judge read the I-589, as you testify? Yes. Will the ACC also read the I-589 as you testify? So, two smart people are waiting for you to be inconsistent, and then make fun of you and your lawyer? but you are too busy to translate and study your own I-589?

Here is a proposed exhibit. The ACC will think what, about it, before he has even seen it? [he will think it is probably fake; so, he will study it to try to find proof of what he is already thinking]

lady from Cameroon #3

The Judge asked: why were you arrested? why were you beaten? how was your I-589 prepared? your friend spent a lot of time on it, or just a short amount of time? you had a lot of money to pay him, or just a little? did your friend have knowledge of asylum law? did he know what was important, and what was not? did he write down everything you told him?

why were you arrested? why were you beaten? why were you moved from one jail to another? why does the letter from your mother omit details?

why did you request a passport? was it easy to get, or hard to get? how much of a bribe did you pay? why did you request a visa? did you tell lies to the man at the US embassy? what did he ask you, and what did you answer? why didn't you flee from your country immediately? how much money did you need to flee? how much did you have? did you need a contact in the USA, first, before you came here? how long did it take for you to get a contact? while still in your country, did you hide? how come you were not arrested during the two months before you left?

did you ask even one person in the USA to call your country, to verify your story? why not? not even one person?

did you help your political party for even one hour per week, for three weeks, here in the USA?

did you get your passport yourself, or did an agent get it for you? how did your photo get attached, inside the passport? did you walk physically inside the US Embassy and get the visa stamped inside your passport, or did an agent do it for you?

Thursday, April 24, 2008

lady from Cameroon #2

The Judge asked: why did the guard beat you? how do you know he hates your ethnic group? what did the guard say? where did you sleep? on top of what? how much food and drink each day? how did you get out of prison? what happened on your last day? why were you released?

Applicant: as you testify in court, will the Judge be reading your I-589, to see if you can repeat it?

After prison, how was your health? if you went to the doctor, where is his report? if you did not go to a doctor, why not? because you were not hurt, or because you had no money?

how does the guard know your ethnic group? by looking at the features of your face? by listening to your accent as you speak a certain language? by your last name? was there any blood? where did the blood go? where did you see blood? why is that detail not written down in your I-589?

Let's look closely at your CDU card. Before I hold it in my hand, I already believe it is fake. [this is because a lot of people from your country are big liars] So, I will search the card to see if I can prove what I already believe: that the card is fake. when was it issued? where? does it have blank spaces? are the signatures from different pens? was it signed at different times? does it say, in typewritten words, "issued in 2004?" but, in handwriting, does someone write down that it was issued in 2002? I assume this card was printed by a stupid criminal, who does not really speak English, in a basement in Silver Spring.

why the lady from Cameroon was denied asylum

The Judge in Baltimore wanted to see: 1] the complete passport, not just some pages. The Judge asked: if one witness submits two letters, are the signatures the same? are numbers missing from the translations? where were you, at the moment of your arrest? what is the CDU? who is the head or the chief? why did you join it?

why are many details missing from your I-589? how much time did the person who prepared it, spend on it? why didn't he spend more time? did you tell lots of details to your friend? but he only wrote down some of them? why? was he a little lazy? or busy? or bored with your case? did you pay him enough money, so that he would give his full time and attention to your case?

what were your political activities in your country? did you march? hold signs? chant slogans? distribute pamphlets? sell items, to raise money? did you ask people for donations? did you ask for money? did you ask people to attend rallies, to attend meetings? did you discuss or debate strategy?

you say you were arrested and put into a truck? who else was arrested? who else was in the truck? who else was in jail cell #1? what was your experience in jail? what languages did the guards speak? what words did they say? what weapons did they use? one guard spoke Swahili, and he insulted your ethnic group? he held a large stick in his hand? what thoughts went through your mind as he looked at you, as he held the large stick?

Friday, April 11, 2008

democracy activist from Burma

The Asylum Officer asked: what does the yellow, "interpreter's oath" say? Give me a summary! how do you know the interpreter? meet her where and when? if you say seven sentences in Burmese, how many sentences will get translated into English? if you say three sentences in Burmese, how many will get translated into English?

who helped you prepare the I-589? did he read the application back to you in your language? do you understand the contents of your application?

when did you last leave your country? when enter USA? when did you apply for asylum? why didn't you apply sooner? why did you apply for asylum?
Did you suffer physical harm to your body in your country? to your house? office?
did you suffer emotional harm? did you suffer economic harm? did anyone threaten you? when? how? why?
If you return to your country tomorrow, what would happen to you? why?
What is your political opinion? did you ever express it? where, and how? why do you think your government knows about it? why do you think they care?
why did your government raid the monastery? is there any other reason why your government wants to harm you? how do you know your government took a photo of you? what did you see? did you see a man inside the embassy, holding a camera, and pointing it at you? why did he take your photo?
how would your government know if you protested in front of the United Nations?
why would your government want to harm you? can you repeat what you said in your Declaration? why not?
What did you do at the protest? did you stand? march? chant slogans? in what languages? what did you say? did you hold a sign? what did the sign say? why did you protest? is there any other reason?
OK, you had problems in the city of Yangon. So, why not go live in Mandalay? in Hakka? is there anywhere you could be safe in Burma?
have you ever been in the police or military? were you a soldier? did you ever receive weapons training? did you ever join a group which used violence? ever give money or something of value to such a group? isn't there some other country where you could live? is there anything else?
is there anything else?

Thursday, April 10, 2008

anti-FGM activist from Kenya #2

The Asylum Officer asked these questions of a pro-Kibaki, Meru, anti-FGM lady from Kenya:
1] why are you unwilling to return to your country?
2] what is your tribe? where do they live?
3] did you yourself suffer FGM? who decided this should happen? was there a ceremony? who was present? done secretly or not? a big event or a small event? what did the community do?
4] what is the purpose of FGM? what percent of females in your tribe do it? what is your opinion about it? what is the opinion of your husband?
5] how many days of menstrual blood flow did you usually have before FGM; how many days after FGM? delivery and labor is longer by how much? does urine spray around? pain upon urination? pain during sex? back pain during periods?
6] if the elders said, "your daughter must have FGM!" what would you do? would you resist with physical force? you would push and grab? the elders would then punch you? you yourself would suffer physical harm?
7] can you ask for police protection? why not? what do the police think about FGM? isn't there another place/village in your country where you can live?
8] do you have any other reasons for not wanting to return to your country?
9] what is your political opinion?
10] why was your house burned? when was it burned? what was the motive of the bad guys? how do you know they burned it because of your political opinion? how did they know what your opinion was?
11] you are a member of the Meru tribe. If you return to your country, what would happen to you because you are a Meru? wouldn't the government protect you?
12] what is the tribe of your husband? his political opinion? his opinion about FGM? what is his immigration status?

Tuesday, April 8, 2008

democracy activist and lesbian from Burma

The Assistant Chief Counsel asked: after you left Burma, you lived in Singapore? what was your immigration status there? what does your I-589 say? what did you tell the Asylum officer? did the Asylum Officer write a two-page Assessment of your case?
1. when did you get your visa from the US Embassy? which came first: your visa, or your problems? because your visa came first, that tells me you were planning to come to the USA regardless, correct? your later "problems" are not real, are they?
2. you returned to your "dangerous" country? so, I guess it is not so dangerous?
3. why did you come to USA? did you tell lies to get your visa?
4. were you a member of any groups in Burma? why not? were you a member of any groups here in USA? why not? why did it take you so long to join a group here in USA?
5. you say you demonstrated? you demonstrated against what? who did you do at the protests? did you stand on sidewalk and hold a sign, and chant slogans? what did the sign say? what slogans did you chant?
6. if it is dangerous to protest, why did you protest? why are you so inspired and bold?
you say your government takes your photo? so, either they do not take your photo, or you are very, very brave?
7. who do you fear in your country? why? why would government want to hurt you?
8. is there an arrest warrant out for you?
9. if you return to Burma, why not just live in another city? live far away from the mean policeman?

anti-FGM lady from Kenya

The Asylum Officer asked: 1] is page 1 of the I-589 consistent with page 4? why not? on page 1, you say you entered USA in2/06; but on page 4 you say nothing about this? 2] on page 4, you say you work in new york, but you live in baltimore? what does that mean? if a stranger picks up your I-589, and just looks at it, is it consistent with itself?

3] why are you seeking asylum? you fear being attacked?
4] what is special about you, that makes the bad guys want to attack you?
5] you say you are very public in your anti-FGM statements? how do you know the bad guys heard your comments? how did they find out about you and your opinions?
6] some people like your opinions; and some do not? how do you know? did you give me a letter of corroboration about this?
7] when did you last leave your country?
8] did you receive any threats inside the USA? how were the threats made? orally? in writing?
9] older ladies in your village tell the young ladies: "If no FGM, no success. No husband; no friends; no job. You will be isolated and ostracized. If no FGM, you will have a "stigma."
10] why do you think that FGm with the same, dirty knife helps to spread AIDS?
11] any other political activity in your country? did you join any groups? do you have any membership cards? what was the Platform of your party? did your party write a Manifesto?
12] in hours, how much time did you spend campaigning and helping this group?
13] did you face any harm in the year 2002?
14] if you return to your country, what do you fear? who do you fear?
15] you say your brother was threatened? please tell me month/year/city; who were the bad guys; what was their motive? how did they know anything about your brother?
16] if the bad guy wore a mask, how do you know who he was? if he spoke, did he have an accent?
17] today, where is each member of your family? mother/father/brother #1/brother #2/ sister?
18] how did you get in touch with your mother? phone? at an internet cafe?
19] did you watch CNN videos on your computer?
20] you had problems in your country for a long time? why not leave faster? did you have enough money to leave faster? were you able to get a visa to leave?
21] you were in USA for a long time, and then finally you applied for asylum? why the big long delay? was there a big change in circumstances?
22] here in USA, did you join any political parties? engage in any political activities? you say you hold deep, important beliefs? they are so important to you and to others that you might be killed? so therefore, why didn't you join any activities here in USA? if you do nothing in USA, that makes me think you did nothing in your country.
23] is there anything else? YES? what?
24] ever been offered "firm resettlement?" ever receive any weapons training? did you ever help or give support to a group that uses violence?

gang case from Honduras: the gang hates religion!

IJ Schmidt granted asylum to a young man [Mr. R] from Honduras: at age 14, members of the gang asked R to join them. Because he was young and small, the police would not suspect him of selling drugs. R's uncle protected R for a long time. But then the gang shot and killed uncle.

Then, the gang shot at R, and the bullet grazed his shin, leaving a permanent scar. R and his father reported the acts of the gang to the police several times. Then, the gang said, "Join us in seven days or we will shoot you." So, R fled to USA.

R had lots of corroboration: letters from mother/father/police station/pastor of church in Honduras/ letter from law professor in Florida/ social worker in USA who said that R had PTSD.

DHS says R is a liar because: 1] he says he was last threatened in March 2006; whereas father says it was in January 2006; 2] no death certificate for uncle. However, R and his parents have very little education; R suffers from PTSD. R's lawyer asked for the death certificate, but the parents have very little education.

One important reason for the gang's making threats is the religion of R. R frequently said his church was against gangs.
=
R suffered physical and emotional harm. His uncle was killed. R had six good letters of corroboration.

Monday, March 31, 2008

why aren't you consistent with your I-589?

Ms. L, from Burma, faced these hostile questions from the government lawyer: 1] so, you suffered no physical harm? what was your status in Singapore? you were a "permanent resident" there? so, you do not need asylum here, because you can go and live there? why didn't you apply for citizenship in Singapore? 2] your family lives in peace in Burma? your father has a good job, earns money, and no one bothers him? same for your mother? sister #1? Sister #2? sister #3? brother #1? all of them live in peace? how are you different from them?
3] some things are not mentioned in your I-589? Mr. W helped you fill out the I-589? he spent just 3 hours with you? did you speak good English at the time? you signed it without really understanding it? why do you say you felt coerced into signing it?
4] your passport is very important. PASSPORT! yes, it is full of stamps, however, I, the government lawyer will find the one stamp that shows you are inconsistent! before you came to the USA the last time, when did you get your visa? to get the visa, did you have an interview with officer at the Embassy? you told lies to him? did he ask you about your troubles? did you have a plan at the time of that interview? what was your plan? if you did not have full information about life in the USA, how could you make full and real plans? did you suffer first, and get your visa second? or, get visa first, i.e. you made a plan to come to USA, and then, you claim you suffered harm? isn't that too convenient? the timing of getting your visa is very important: if you got your visa in March, and then claim to have suffered in April, then even though you say you fled your country because of the harm, we believe you were already planning to leave anyway, regardless of any harm.

Thursday, March 27, 2008

what is the motive of the bad guys?

Ms. A, from Albania, was denied asylum. She suffered real physical harm: she was raped, and forced to be a prostitute. She suffered emotional distress, and she did not earn money for herself; [i.e. she suffered economic harm]. She had corroboration for her story; in other words, the Judge believed she suffered harm. However, the bad guys had a simple motive: they wanted her body, not her mind. They wanted to earn money off of her. They did not care about her race, her religion, or her political opinion. They just wanted a body to do work.
=

Mr. B, from Brazil, was also denied asylum. He said the bad guys threatened to kill him, so he left his country. He did not suffer any physical harm; nor did he suffer any economic harm. He suffered some emotional distress, [because it is upsetting to receive a death threat], however, he did not have any nightmares or flashbacks. He did not see a psychologist in the USA. The Judge ruled that Mr. B also did not have a fear of harm in the future. The Judge ruled that the bad guys had probably forgotten about him. His wife and two sons continue to live in peace in the country; how come the bad guys did not threaten them? If your family lives in peace, then you can go live with them, and then all of you can live in peace. You do not need asylum, said the Judge.

Monday, March 17, 2008

Falun Gong member from China granted asylum

Mr. C, a member of Falun Gong from China, was asked: 1] tell us about the physical harm you suffered; did a doctor in the USA write a letter for us, verifying that your scars are consistent with being burned with cigarettes and with being cut by a knife?
2] how were you able to leave your country? if your country hates you, why did they let you go?
3] how were you able to re-new your passport, if your country hates you?
4] tell us the name of one Falun Gong member who was harmed in the last six months!

Thursday, February 21, 2008

why did you leave the Moslem religion?

Questions asked of an apostate from Oman:
1. show me your passport! what was your last address in your country?
2. what was your job in your country? what did you do all day?
3. to get your tourist visa, what was the conversation at the US Embassy? what did they ask you, and how did you answer? you filled out a form? the Embassy mailed me that form two weeks ago?
4. why did you want to come to USA? what was your plan upon arrival? when did you change your plan? did you buy round-trip airplane tickets?
5. when did you begin to study Christianity? what did people in your country think and feel when they found out your brother was a Christian? how was that accepted? what did your father think? how did you feel yourself, about your brother?
6. did you attend a mosque here in USA? when did you stop attending?
7. when did you first attend a church in usa? when did you start to explore Christianity?
8. when did you decide to become a christian? are you baptized? why not?
9. why did you convert from Islam to Christianity? what does it mean to you, to be a Christian?
10. what is the difference between Islam and christianity? why is one better than the other?
11. what do you fear, if you return to your country? who do you fear? you fear what, exactly?
12. who would kill you? how do you know that?
13. is there anything else? yes, OK, what?
14. is there anything else?

what does your passport say? why did you suffer?

Questions asked of a pro-democracy activist from Burma:
1. show me your passport! when did you enter the USA the first time? when were you last in your country?
2. why can't you be a monk? why did you quit your job?
3. what is date of birth of your wife? where is wife today? why isn't she here, in USA?
4. was it difficult for you to get a new passport? you had to pay a bribe of how much?
5. what was your job in 2001? in 2002? what did you do all day, at your job?
6. where does each brother, and each sister, live today?
7. did you go inside the US Embassy in Rangoon? go alone, or with someone else?
8. what questions did they ask you; and how did you answer? what was your plan, at that time?
9. did your wife ever try to get a visa? didn't she go inside the Embassy and answer questions in writing? do I know more about your wife's activities than you do? did the Embassy send me papers signed by your wife?
10. did you ever join a political party in Burma? why not?
11. did you engage in any political activities in burma? did you ever march? ever attend meetings? rallies? distribute pamphlets? ask people for money? ask people to attend a march or rally?
12. did you suffer physical harm? were you detained? for how long? did anyone hit you? with what weapons? a] belt b] stick c] open hand; any other weapon? did you bleed? did you see any of your own blood? where did you see it? on your hand? on your shirt? on the floor?
13. why did they arrest you? where were you, at the moment of your arrest?
14. why were you released?
15. why were there uprisings in burma?
16. why did you come to USA? why not bring wife with you? was it a difficult decision for you, to come to the USA?
17. when was your first protest here in USA? why did you protest? what views did you express? did anyone notice? how do you know they took your photo?
18. did you need an exit visa to leave your country? was that easy to get?
19. why did you apply for asylum? when did you decide to apply for asylum? why not apply earlier?
20. how can you prove the Military Intelligence knows about your activities?
21. why was wife arrested? why was she released?
22. is there anything else?

Wednesday, February 13, 2008

what percent of asylum applicants are big liars?

The Home Office of the United Kingdom, in 2007, stated that 80% of applicants from Cameroon were not credible.
In 2007, the US Embassy in Cameroon wrote a cable which said that 80% of asylum applicants from Cameroon were not credible.
In 2007, the US Embassy in Togo wrote that a "large number" of visa applicants and asylum applicants are liars.
In January 2008, the Assistant Chief Counsel [U.S. government lawyer] said in the hallway that 90% of asylum applicants are liars; that the Judges only deny 60% of the cases; the Judges should deny 90% of them. So, in other words, the government lawyer assumes that any given case has a 90% chance of being fake.
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So, what should the asylum applicant who is telling the truth do?
1. give all originals to the Assistant Chief Counsel three months before trial.
2. Tell his father, mother, and brother to visit the US Embassy in the old country and ask to be interviewed and cross-examined in the old country.

reasons why Judge said lady from Cameroon loses

Ms. C told the Judge she was from Cameroon, and that she had been imprisoned because of her political opinion. The Judge ruled against Ms. C, in part because:
1. C claims she joined the political party in 2001; however, her membership card was issued in the year 2002.
2. C wrote an affidavit that was six paragraphs long, attached to her I-589. However, C was too busy to read it before she testified in court. So, what she said in court was different from what she had written in her affidavit. As she testified in court, the Judge looked at her affidavit. The Judge wrote down each time that Ms. C testified differently; and then asked her about her affidavit.
3. The Judge knew more about the affidavit than Ms. C did. Even though the Judge hears 500 cases per year, and Ms. C went to court only this one time, the Judge knew more than Ms. C did.
4. Was Ms. C embarrassed that the Judge knew more about her case than Ms. C did?
5. Ms. C asked her busy friend to prepare her I-589 Application for Asylum. The friend was a nice person, but very busy, and did not want to spend very much time on the application. Ms. C told him many details, but the friend did not write them down. The friend was not a lawyer, and did not really know the rules about I-589 applications. He did not know what was important, and what was not. Ms. C. talked to the friend for perhaps 30 minutes, total. Ms. C should have talked to him for five hours, and had everything translated into a language she could understand, but she didn't.
6. The translations provided to the court were incomplete. Even someone who did not know French could easily see that the English translation was missing numbers, was missing sentences, and was missing endorsements. By comparing the translation side-by-side with the original, it was easy to see the translation was incomplete

Tuesday, February 12, 2008

good sources of information, according to U.S. gov't

In January 2008, the Office of Chief Counsel submitted these documents, so that an asylum applicant from Togo would lose:
1. inf9rmation from the Immigration and Refugee Board of Canada: "country of origin research" "response to information request about the UFC party"
2. the application for a tourist visa, submitted years ago in Togo: it contained questions and answers. Does applicant remember the questions, and what answers were given when she asked for a tourist visa? Are her answers today, years later, the same?
3. information from "IRIN" which is a newspaper of the United Nations: www.irinnews.org
4. a cable from the US Embassy in Togo: a] students seeking F-1 visa often present fake documents from banks, and present fake high school diplomas. Sometimes the banks in Togo give information to the US Embassy upon request. b] many marriage certificates are fake: the filing number of the certificate does not exist; or it pertains to a different certificate c] sometimes, a medical certificate is issued by a clinic which does not exist! Sometimes, banks and Togo government offices cooperate and give information; sometimes they do not.

get photographs and letters to document your case!

The Judge denied asylum to Mr. Lin, from China.
Lin claimed government officials came to his store and accused him of promoting Falun Gong, and then forced him to close his store. Asylum was denied because:
1. Lin wrote certain dates on his I-589 ["they came to my store in June"] but in court he gave different dates ["they came to my store in December"] The Judge asked him, "you were too busy to read your I-589 before coming to court?"
2. Lin did not prove he ever owned a store, that it was ever open, that he had a business license; that the store was closed; that his license was revoked. Why not give the Judge a photo of the store when it was open, and another photo when it was closed? a Photograph is worth 1,000 words!
3. Not one member of his family wrote a letter which said,"Yes, Lin had a store in the year 2003: I walked inside it myself! Then, in 2004, it was closed. Lin told me he was depressed and worried about supporting his wife and child."

Monday, February 11, 2008

pro-American from Iraq

The Asylum Officer wanted to know:
1] what is your current job at the Embassy? you are in charge of what? what is a "dedication"?
2] you were in Army? so, you received training in weapons? you were given a rifle? you fired it in target practice? you fired it in the war against Iran? where were you stationed? who did you shoot at?
3] what is a "curfew mission"? what does "curfew enforcement" mean?
4] why don't you answer my simple questions with simple answers? you are sure that my "simple" question is really a complicated, indirect, tricky question? why are you so sure, and [so wrong]?
5] what was your job in 1991? did you sit at a desk? talk on the phone? send emails? or, did you stand outside and help a balloon go up 500 feet? did you use a computer? did you write essays/summaries/ do research? about what?
6] where do the Shia militias get money from? they steal oil, and sell it?
7] who owns the house at #234? is there a "deed"? is there a piece of paper that says you own it? is the original of that paper in a government office? can anyone find out who the current owner of #234 is? or, is it confused? is there a mortgage on the house? does someone make house payments? does someone pay utility bills? water goes to the house, and no one pays for the water? must the owner pay real estate taxes on the house? are there annual real estate taxes? or, just pay taxes upon sale?
8] does the government of Iraq take "income tax" out of your paycheck?
9] whatever your problems were, why not report them to the police? who says it is a waste of time to report to the police? why wouldn't the police want to help? what is the salary of a police officer? if the salary is low, how does he get extra money? how often is he paid? does he actually get paid every two weeks?
10] are you a low-level person? you are not famous, correct? you are not well-known, correct? so, why would the bad guys care about you?
11] what have you done here in the USA to make the bad guys hate you more? nothing? so, the bad guys have forgotten about you, haven't they?

Wednesday, February 6, 2008

do Christians suffer in Indonesia?

The Judge ruled that Christians still have problems in Indonesia, as indicated by:
1. DOS says 8 churches were closed last year; and churches closed in previous years are still closed;
2. There have been almost no prosecutions of the bad guys: people who earlier bombed churches were not arrested and were not convicted;
3. Three Christian school girls were beheaded; some bad guys were arrested, but are still not convicted; whereas, three Christians who did crimes were not only arrested, and convicted; they were executed!
4. The JI network is active
5. the Bali bombers were released
6. In September 2007, a church near Jakarta was attacked; pastor was wounded.
The Government of Indonesia cannot control these groups of bad guys.
However, isn't there somewhere safe where a Christian can live? Isn't "internal relocation" possible? You had problems in City #1. OK, too bad. So why don't you go live in City #2?

Friday, February 1, 2008

good authorities according to Chief Counsel

In January 2008, the Office of Chief Counsel in Baltimore submitted four documents to demonstrate the problems Christians have in Indonesia:
1. Dept. of State "International Religious Freedom Report" of Sept. 2007
2. Dept. of State: 'Country Reports on Human Rights Practices" of March 2006
3. Christian Science Monitor news article
4. Freedom House report: "Freedom in the World (2007)"

Wednesday, January 23, 2008

questions asked of activist from Burma

1. are you fully aware of the contents of your I-589 application? you last left your country when? you arrived in USA when?
2. why are you applying for asylum?
3. how many demonstrations did you attend in USA? when was the last one?
4. how long was the last demonstration? what views did you express? did anyone notice?
5. how do you know the Embassy took your photo? how did you see the camera? where was the camera? what kind of camera? how did the man hold it?
6. how often did you see the camera? did it move? how many cameras?
7. who told you they hired students to stand outside to take photos?
8. how did you find out that soldiers talked to mother?
9. how do you know they listen to phone calls?
10. are you a member of any organization? what group attended the protest?
11. what were your political activities in Burma? were you a member of any organization? what were its goals? what were your activities in that organization?
12. did you visit the NLD office? where was it? what was surrounding the office?
13. did you bring water or coffee to protestors?
14. did you distribute literature, and pamphlets? did you ask people to donate money? did you sell things to make money for the organization? did you ask people to attend events/demonstrations/protests/meetings?
15. Tell me the details of your first arrest: where were you, at the moment of your arrest? did the soldier touch you? grab your shoulder? or just point a gun at you, without any touching?
16. what did the soldier say? what happened as you arrived at the detention center? what happened after you entered it? did you suffer physical harm? emotional harm? economic harm?
17. where did you distribute pamphlets?
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18. why were you arrested? why were you hit?
19. how long were you detained? what happened on day #1? day #2?
20. did they interrogate you? what did they ask you? any threats? what thoughts went through your mind, at that time?
21. what food did they give you? you slept onwhat? the floor? a mat?
22. how many people interrogated you? did they have weapons? what weapons, and what words?
23. Was there any other physcial harm? Tell me details! Using what weapon, he hit you where?
Using club, he hit you on your right shoulder? using rifle butt, he hit me on back and on left leg?
24. what happened on the day of your release? why were you released? what was the conversation?
25. did you engage in any more political activities in your country, after your release?
26. what would happen if you return to your country? why would your government target you? why do they still care about you, after all these years?
27. what made me participate in the demonstrations?
28. isn't there a safe place, inside Burma, where you could re-locate to?
29. you had problems in the city of Rangoon; OK, so live in a city 300 miles away? why not?
30. is there anything else? OK, thanks. is there anything else?

questions asked of man from Eritrea/Ethiopia

1. what does your passport say? what does each stamp mean? how did you get your passport? did you or someone else pay bribes, or "under the table" money? how much?

2. when did you last leave your country? are there errors on your I-589? you were too busy to double check it, before mailing it?

3. why did you apply for asylum? who do you fear? why do you fear your government? why does the government care about you? now it is two years later; the government has forgotten about you, hasn't it?

4. if an Eritrean walks down the street in silence, how do you know he is an Eritrean? does his face look in a certain way?

5. if an Ethiopian walks down the street, how do you know he is Ethiopian? how is he different from an Eritrean?

6. if each one speaks, does one have a special accent?

7. does his last name give you information? if his last name is X, what does that mean to you?

8. what are your political activities here in USA? did you join any organizations? do you pay dues? do you have a membership card? when was their last meeting? when is the next meeting? what does the organization do? how often do you participate?

9. why did you decide to protest in Washington DC? any other activities?

if you return to your country, what would happen?

10. before you lived in the city of Sahel, and you had problems. So, go live in a different city, in a different part of the country- why not?

10. anything else?

Tuesday, January 22, 2008

questions asked of activist from the DRC

is this your passport? where is the old passport? what does each stamp in it mean? where are the envelopes for the letters you received? when did you last leave your country?
1. why are you seeking asylum today?
2. why are you afraid to return to your country?
3. why were you tortured?
4. how did you oppose the government?
5. did you support a political party? the UDPS? how did you support it? when did you join? what were your activities as a member? you asked other people to give money to it? you asked people to attend meetings? you distributed pamphlets and literature to people? what did the literature say?
6. how many meetings did you attend? where were the meetings? how many people attended them?
7. when was the first "manifestation?" quelle mois? quelle annee? quelle ville?
8. pourquoi les soldats arrive? combien soldats? what did they do, when they arrived?
9. how long were you detained? were you questioned? how were you released? was that the only time you had a problem?
10. were you arrested? how were you arrested? the officer grabbed you by your right arm? where were you taken? stay there how long? what happened during those two days? did you suffer physical harm? did you suffer emotional harm? as the guard was about to rape you, what thoughts went through your mind?
11. what weapons did guard #1 have? how big was the club? how long, how thick? did you hit you with the butt of his rifle? where on your body did he hit you?
12. how long were you held? did anyone visit you inside? how were you released?
13. any other problems with the government? why were they looking for you? how did you get to the hospital? what did they do for you at the hospital?
14. pourquoi les soldats arrive dans la maison?
15. how did you leave your country? how did you get out of your country? how did you come to the USA? how did you pay for the airplane tickets? upon arrival in USA, where did you stay?
16. anything else? why did les soldats look for you at work? you lived in Goma? so why don't you go live in Kinshasa? or in Lumbumbashi? isn't there somewhere that is safe for you?

questions asked of witnesses for Burmese activist

The government lawyer and the Judge wanted to know these things from Witness #1:
1. what is your own immigration status? when was the last time you were in Burma?
2. when did you meet the applicant for the first time? what month/year/city?
3. what did applicant tell you about his problems in burma? did you believe him? why?
4. did you actually see him protest in Washington DC, with your own eyes? or did someone just tell you that applicant protested?

From Witness #2: what is your present immigration status? what was your status in Japan?
2] what happened to applicant in Burma? was he arrested? when? why?
3] who says it is dangerous to protest in Washington DC? do you know anyone who protested, and then who returned to Burma? what happened to them at the Rangoon airport?

Wednesday, January 2, 2008

questions asked of pro-democracy activist: Burma

The Asylum Officer wanted to know the following from Ms. B, a pro-democracy activist from Burma: 1] are you fully aware of the contents of your application? you last left your country when? you arrived in USA when? your current address/phone number?
2] you arrived in USA in June 2001; why are you applying for asylum only now, in 2007, which is six years later? why didn't you apply much sooner? 3] why are you seeking asylum? you fear whom? your government? or someone else? why do you fear your government? 4] how many demonstrations did you attend in usa in the year 2007? when was the last demonstration? how do you know that agents inside the Burmese Embassy took your photo? what did you see? where did you see the camera? where is the Embassy? how often did you see the camera? how many cameras? who told you that the Embassy hired students to take photos? who told you that workers inside the Embassy took photos? 5] how did you find out that soldiers talked to your mother? how do you know they listen to phone calls? are you a member of any organization? what are the goals and objectives? do you give money to it? did you ask people to give money to it? did you distribute pamphlets? 6] what were your political activities in Burma? were you a member of an organization? what were its goals? what were the political activities of each member of your family? your father/mother/sister #1? sister #2? Tell me the names of the leaders of the NLD! besides distributing pamphlets, what else did you do? 7] when were you first arrested? tell me the details of how you were arrested? where were you, at the moment of your arrest? what were you doing at that time? did the soldier touch you? how? did he put two hands on your shoulders? did he push you with his rifle? what did he say? what languages did he speak? why did he arrest you? how do you know his reason? 8] what happened as you arrived at the detention center? you were detained how long? were you interrogated? what did they ask you? what happened on day #1? did they make any threats? what thoughts went through your mind as he said he would kill you? did you believe him? why? inside, they gave you what food? who else was in the cell? tell me about the physical harm you suffered! anything else? yes, what? did you suffer any emotional harm? 9] what would happen, if you returned to your counry? why would you be arrested? why would the government target you? what made you participate in the demonstrations? is there any safe village or area in your country where you could go to? is there anything else?