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.
Friday, April 25, 2008
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]
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?
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.
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?
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?
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?
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?
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?
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.
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.
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