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?
Friday, September 26, 2008
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?
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."
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."
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?
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?
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.
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."
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."
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