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.
Saturday, August 23, 2008
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?
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?
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.
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?
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?
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?
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