Friday, December 11, 2009

questions often asked of every applicant

the government lawyer very likely will ask:
-what about your hand-written drawing? drawings are unusual and interesting, aren't they?
-there are errors in the I-589, aren't there? why?
-what words did the bad guys say?
did you suffer economic harm?
-what did you say to get your visa? did you fill out DS form 230? is a copy here in the courtroom? the government lawyer has a copy in his hand?
-today, your DS form 230 is in Arlington or Baltimore?
-the government did give you some benefits, didn't they?
-why did the bad guy hit you?
-was the police report full and complete, or does it have omissions?

a Christian from Egypt

The government lawyer asked the Christian from Egypt:
-where is the original of the police report?
-did the police actually investigate your case, or did they just listen to what you told them?
Did the police interview any other witnesses?
-where is your passport?
You say your government hates you? but isn't it true that your government gave you good things, such as : 1] passport 2] government job 3] study at government university?
=
you went to the US Embassy in your country to apply for a visa? you filled out a form, and gave reasons? and I am holding your application right here in my hand in the courtroom? I know more about your anwers than you do?
What questions did they ask you, and what answers did you give?
what documents did you give to the Embassy?
did you tell the truth to get your visa? why not?
=
tell me about all of your international travel!
You say your country is dangerous and full of dangerous, evil people who hate you?
However, you left your country in 2005, and then you voluntarily returned?
=
You had problems in City #1 in your country? OK, so why not live in City #2? why not in city #3? did you even try to live elsewhere?
=
You say a man knocked you unconscious? why? why did he do that? what was his motive?
your mother is the same religion as you? but she still lives in the country? how come mother is not dead, if they hate people of your religion? go live with mother! she is happy enough, isn't she?

Wednesday, November 25, 2009

questions asked of a "pro-American" from Iraq

The Asylum Officer asked: When you helped the US Army, what were your duties? did you live inside the Green Zone?
-where did you live in Baghdad? where did you sleep at night? why did you move around so often and stay at so many different places?
-who lives now at the house on 39th Street? who owns that house?
-who lives now at the house on 3rd Street? who owns that house? how is rent paid? rent is paid to whom?
Tell me about all of your passports: when was passport #1 issued? when does it expire?
-when does passport #2 expire? where is it, physically, right now? in Baghdad? in whose hands?
=
when you saw the death threat, how did you feel? what thoughts went through your mind?
-your daughter was missing for two days? when you finally saw her, what did you notice about her? what did she tell you?
Who kidnapped your daughter? why? why did they let her go?
Did you report her kidnapping to the police? why not?
After the threat, why not move immediately? why not report it to the police? did you tell anyone about it?
Are you still receiving threats? NO? OK, so maybe the bad guys have forgotten about you?
-January 6th is an important day in Iraq, because it is the "birthday" of the Army?
what would happen if you returned to your country tomorrow?
is there anything else?

Saturday, November 14, 2009

democracy activist from Bolivia

The Asylum Officer asked:
-tell me the dates of birth of each of your 3 children
what was your last job?
who prepared your application
why are you applying for asylum?
pl. show me all originals, all envelopes, and all passports
When did you first start having problems?
was your father politically active?
was your mother politically active?
Give me more details about her activities! [what would a movie camera record: she sat at a desk and made phone calls? she stood on the sidewalk and shouted slogans?]
When did you get politically involved? why?
what was your motive?
You wrote articles? give me an example of one article!
what kind of response did you get to your article?
Tell me your emotions when the bad guys walked into your house
You received phone threats? from whom? give me an example: what did the man say?
You believe they were agents of the government? why do you believe that?
What was their job/position in the government?
what was the worst threat over the phone?
Tell me as many details as possible! tell me your emotions!
What thoughts went through your mind at that time?
When did you move out of the house? where did you live during each month of the past five years?
Were you able to move around freely?
Why did you continue your activities, even though the threats were getting worse?
What was your husband doing all this time? was he able to continue to work?
Did he have any problems?
Why did your children visit you, if things were so bad in your city?
How did you get this letter? from the mail? from the hand of someone who flew here on an airplane? where is the envelope?
You received threats in January? but you only left your country in December? why the delay?
did it take time to get a visa, and to get money for airplane tickets?
Upon arrival here in USA, why not apply for asylum immediately? why another long delay?
was it hard to find a lawyer? did you have other problems here in USA, such as getting a place to live?
What emotions did husband feel about your activities?
What organizations did you join in your country? what is the purpose of each one?
What organizations did you join here in USA? why did you join? why have you still not joined?
How did you find out about the last threat? who callled you on the phone? how did that person find out?
What would happen if you return?
You lived in the city of La Paz? so, why don't you go live in another city?
You have been gone from your country for two years? they have forgotten about you, haven't they? after your arrival here in USA, you have been quiet and you have done nothing, correct?
If you have such strong political views, how come you are not active here in USA?
Is there anything else? Yes,?what?
is there anything else?

Thursday, November 5, 2009

"pro-Western" person from Iraq

The Asylum Officer asked this of Mr. Z, a Shia from Iraq, who supported the USA and advocated for "Western" values:
-you arrived in USA when? what was your last address in your country? Tell me your last four addresses in your country
-why are you applying for asylum today?
-when did you get your first passport? how get it? when did you get your second passport? where is it today? do the stamps inside the passport give us more information than you can?
=
did your family ever live in the Green Zone? why not? there was space, or there was not?
-what day were you kidnapped in June 2006? you were held for how long? how many hours?
When were you released? why? why weren't you killed?
-You say the taxi driver delivered you to the bad guys, because he "knew"you were Shia?
how did he know you were Shia?
-you were driven to a "check point"? what does "check-point" mean? you must stop there, or not?
-is a Shia accent different from a Sunni accent? yes? no? it is different or not? what is the difference?
=
why did the bad guys let you go? why didn't they kill you?
-some people have a "Southern" accent? some people have a "Baghdad" accent?
-don't Shia people and Sunni people both live in Baghdad? so their accents are the same or different?
-is your last name Shia? if a person looks at your I.D., he knows your last name and can guess that you are a Shia? the driver did not look at your I.D., did he? so, he did not know your last name, did he?
-here in the USA, accents do not reveal religion, do they? if someone has a "New York" accent, do you know what religion he is?
-do Shia people use certain words and phrases, but Sunnis do not? like what?
=
what were your injuries at the time of your release? a head wound, with stitches? but Dr. X wrote a letter and does not talk about your stitches?
-You gave me a letter from Dr. X, but you did not actually read it? I, the Asylum Officer, know more about his letter than you do? I read it, but you didn't?
-did you return to school, or were you too traumatized? what does page 4 of your asylum application say? something different from what you just said? I, the Asylum Officer, know more about your asylum application than you do?
-your uncle's letter says you returned to school? yes? No? you don't know? you gave me his letter, but you did not read it?
-you say you were kidnapped. Did you tell anyone that you had been kidnapped? did you tell them very soon after the event? or, did you wait a long time and then tell them?
-when did someone paint a slogan on the wall of your house? what year did that happen? what was the address of the house?
-what would happen if you return to your country?
-you arrived in USA in early 2008, but you only applied for asylum in mid-2009? why the delay? was it hard to find out about the asylum process? was it hard to find a lawyer?
-have you had any contact with police here in the USA?
-ever had any training with guns? have you ever held and shot a gun?
-is there anything else? YES? what?
OK, now, is there anything else?

Tuesday, November 3, 2009

protestor from Cameroon

The Asylum Officer asked these questions of a protestor from Cameroon who suffered no physical harm:
1. what was your address in Douala? if the street has no name, and the house has no number, how would the police find you? they would ask a man in the neighborhood where you lived?
2. do you have a political opinion? what is it?
3. you say you "supported" the SDF? what is the difference between being a "supporter" and a "member"?
4. why weren't you a member?
5. what kind of difficulty did you have with the government?
6. how did you protest? what did you do, specifically? you parked your truck on road, and then stood by it and shouted slogans?
7. what did the other protestors do?
8. do you know the names of the other protestors?
9. did one of them write a letter of support for you? not even one? why not? did you even ask one person to write a letter of support?
10. In March 2009, what did your wife tell you? what thoughts went through your mind when she told you that?
11. why is the Government looking for you? are you important?
12. is the government still interested in you, even now, two years later?
YOUR VISA
-how did you get the tourist visa? did you fill out a two-page form? was it form DS 156?
-did you answer in writing? is this a copy of what you filled out two years ago?
[how did the Asylum Officer get a copy of that form?]
-did you go in person to the U.S. Embassy? how many times? what was the conversation? what did the man ask, and what did you answer? did you tell lies? why did you tell lies?
=
-if you return to your country tomorrow, what would happen? why do you think they would arrest you at the airport?
-after you left your country, did your wife suffer? how? why?
-did the other drivers suffer? how? why?
-let's look closely at your driver's license: what does each date mean? what city were you in at each time?
-does the driver's license "know" more about you than you do?
-does your passport "know" more about you than you do?
-is there anything else? yes, oK, now, is there anything else?

Monday, October 26, 2009

how does a Judge know if you are lying?

The court in Mitondo v. Mukasey, 523 F.3d 784, 789 (7th Cir. 2008) said that a liar has a tendency to not give lots of details. The more information you give, the greater are the chances that some of it could be determined later to be false. "As a result, liars tend to say less, and to provide fewer details."

And also, liars tend to distance themselves psychologically from their falsehoods, and so they tend to include fewer references to themselves, and their feelings, in their stories.

A liar might say, "the guard hit me." A truth-teller might say, "The guard reminded me of my high school math teacher. When he grabbed his club, I knew he was going to hit me. I feared he would break my glasses. After he hit me, I felt blood on my neck. I felt dizzy; I hoped he would not hit me on my eyes."

What thoughts went through your mind? [as the guard entered the room]. this is an easy question for the truth-teller to answer.

Truth-tellers have normal amounts of memory failure. They know they have forgotten a few details, and are happy to admit it. Liars, however, develop super memories and claim to remember the smallest of details.

Thursday, October 8, 2009

is your government still interested in you?

Mr. Matovu, from Uganda, was denied asylum by the court because:

1. He testified that "individuals came to my house and made threats;" however, who were these people? did they work for the government? what was their motive? Matovu did not know.

2. He testified that "gunmen" killed his father and brother; however, who were the "gunmen"? what was their motive? Matovu did not know.

3. Matovu said his government hates him; however, his children still go to a government school; he obtained a passport; the government let him travel freely. This shows the government does NOT hate him. Also, no one bothers his wife or other family members. This shows the government does not still care about him.

Wednesday, July 8, 2009

SCNC activist from Cameroon #6

The Asylum Officer asked:
-how did you manage to leave your country? you needed a passport, visa, and airline tickets.
-How did you get each one? you yourself get it, or someone else?
Who set up the interview at the US Embassy in Yaounde?
who answered the visa questions?
who obtained your passport? when? how?
ACTIVITIES HERE IN USA
you have strong political opinions? so strong that your government hates you?
So, you continued your activity here in the USA? why not?
Does your government know about any of your activities here in the USA?
how do you know that they know?
does your government care about your activities here in USA?
how do you know that?
Are you afraid to return? why?
Since you have been here in USA, has your government talked to anyone in your family?
Is there anything else?
Oh, you received a letter from your father? where is the envelope this letter came in?
Is there anything else?
Why did you draw pictures of your jail cell?
who says that "a picture is worth 1,000 words"?

SCNC activist from Cameroon #5

The Asylum Officer did not get tired of asking questions:
-You say there was a protest in May 2008? what did you see with your own eyes?
people were standing? sitting? talking? walking? what did you see? what did you hear?
-At the moment of your arrest, where were you? sitting on a chair in the basement? lying on your bed in your room? walking on Main street?
when the officer touched you, did he say anything? in what language?
did he have any weapons? what weapons did you see?
what weapons did he actually use on you?
Why were you arrested?
why did the officer hit you?
How were you treated inside the prison?
the older guards did not hit you as hard as the younger guards?
did you suffer any emotional harm?
what words did the guard say? how did that make you feel?
when you saw the guard walk into your cell with the club, what thoughts went through your mind?
how did you get released? what was the conversation as you left the prison?
After release, where did you go? how did you travel? by foot? bus? train?
You say you were beaten badly in the prison? So, why didn't you see a doctor in Cameroon? why did n't you see a doctor in the USA?
Why were you imprisoned?
did anyone ever tell you why you were arrested?

SCNC activist from Cameroon #4

The Asylum Officer asked:
-when did you first learn about the SCNC?
did you support it? why?
is the SCNC legal?
does the SCNC have an office in Cameroon? where?
how does it do business if it has no office?
Does the SCNC have a flag? can you draw a picture of it?
Why does the flag have ten stars? doesn't the SCNC want to secede?
If you walked up to a police officer, and said, "I am a member of the SCNC, what would happen?"
Is the SCNC legal? [did you remember that I asked that same question five minutes ago?]
Can the SCNC march legally?
is it legal for the SCNC to have meetings?
What does Biya think about the SCNC and about secession?
What do newspapers say about the SCNC?
What do the French-language newspapers say?
what do the English-language newspapers say?
Does mere membership in the SCNC mean you get arrested?
Is the SCNC legal?
Are there statutes which outlaw the SCNC?
do you know what the word "statutes" means?
if you don't know, why do you answer with such confidence?
Did you ever do anything to support the SCNC?
Besides sitting in a chair at a meeting, did you ever DO anything?
did you ever DO anything that a movie camera could record?
Did you stand on the sidewalk, and hand out pamphlets when people walked by?
did you march in a parade and chant slogans?
Did you walk down the street, knock on doors, and ask for money?
Did you sit at a desk and make phone calls or send emails?
=
did you join the SCNC?
How did you join?
When you joined, where were you?
what did you do to join? sign your name to a piece of paper, pay money?
Was there a ceremony?
were you interviewed before you joined?
Can anyone join? could a member of Paul Biya's family join, and no one would know?
Did any of your friends join? Tell me three names.
After you joined, what were your activities?
Tell me all of your activities.
It sounds like you paid a little money, you sat on a chair in a room when other people talked, and that you did nothing else? is that true? Tell me all of your activities. If you did not really do anything, then say so.

Tuesday, July 7, 2009

SCNC activist from Cameroon #3

The Asylum Officer asked these questions of another SCNC activist from Cameroon:
-are you afraid to return to your country? why?
if you did go back, what would happen? why would you be put into prison?
What is your political opinion?
you arrived here in USA in January; why did you wait until December to apply for asylum?
YOUR PASSPORT
when did you apply for it? when was it issued? did you go yourself to get it? did you pick it up in person? when did you first get your passport into your hand?
When does it expire? where have you traveled? what does each stamp inside your passport mean? is this your first passport? did you apply at another time for a passport?
YOUR VISA : did you fill out a form to get your visa? did you answer lots of questions? what did you say was your reason for wanting to come to the USA? did you tell the truth?
At your visa interview, what did they ask you? did the man ask why you wanted to come to USA? did he ask how long you planned to stay? did he ask when you planned to return? did you buy a round-trip airplane ticket? did you tell the truth?
-did you ever apply for a visa before this time?
=
please draw a map of Cameroon! where is "Southern" Cameroon? where is the village of Tiko?
what language did you speak at home?
what language was your schooling in?
How are Anglophones mis-treated in Cameroon?
What is your view of secession? is it a good idea, or a bad idea? why?
Do French-speaking people act differently from you? how?

Friday, June 26, 2009

SCNC member from Cameroon #2

More Questions from the Asylum Officer:
-why does your government hate the SCNC?
-are you in favor of secession?
have you ever been detained or harmed? two arrests? at the time of arrest #1, what were you doing? sitting in a chair? walking on the sidewalk?
why did government arrest you?
at the time of your arrest, what did the officer say?
inside prison, were you mis-treated?
One officer hit you? with what weapon? what words did he say?
Why did he hit you?
what did you sleep on?
what food did you get each day?
What was the worst thing that happened to you in prison?
how did you get out of prison? what did the guard say at the time of your release?
Where did you go, immeditately after being released from prison? did you walk there? take a bus? a friend gave you a ride in his car?
What advice did your father give you? why, according to him, was it a good idea for you to leave your country?
What did your mother say? According to her, what should you do? why did she believe that?
When you hid in the small house, what did you do all day? just sit and look at the walls?
When was your passport issued? how? did you yourself go into government office and get it?
When was visa issued? did you walk into the Embassy of the USA yourself? did you bring a photograph? fill out a form? did the man ask you what your plan was, concerning your visit to the USA? what did you say?
did you tell the truth? did you tell any lies? not even one lie?
Did you have any problems leaving the country? at the Yaounde airport, no problems?
did anyone pay a bribe to anyone at the airport?
Did anyone at the prison in Douala give information to the man at the Yaounde airport about you? if so, did the man at the airport read the information? did he care who was leaving from the airport?
When did you get this letter from your uncle? how did you receive it? where is the envelope it came in?
What is your opinion about Cameroon in general?
Is it OK if I photocopy the envelope? is it ok if I photocopy each page of your passport?
When you saw the guard with the belt, what was the first thing that came into your mind?
Later, what thoughts went through your mind?
Is there anything else? yes, there is? what?
Why do you fear your government?
are they still looking for you?
why do you think they are still interested in you? are you important? are you a big shot?
If your government hates you so much, how come no problems at the airport?
In the government of Cameroon, is there a "bureaucratic lag"? i.e. it takes time from information to go from an officer in city #1 to another officer in city #2? even if the info is sent to officer #2, does #2 actually read it and remember your name?
Is there anything else? Yes? what?
what is your opinion about Paul Biya?
is there anything else?
Why did you wait 11 months to apply for asylum? why the big delay?

Thursday, June 25, 2009

SCNC member from Cameroon

The Asylum Officer asked:
Show me your ID/passport! can you repeat page one of Form I-589? page four?
Are you afraid to return to your country? why? whom do you fear?
why do you fear your government?
is your government still looking for you today? how do you know that? who says?
why were you in prison?
why were you arrested?
what have you done, which angers your government?
are you politically active here in the USA? why not?
were you harmed inside prison? what kind of harm? what kind of physical harm? what kind of emotional harm? what kind of economic harm?
do you have a political opinion?
why did you join the SCNC? when
=
is the SCNC legal? is it one-half legal?
-the government allows the SCNC to do somethings, but not others?
can you draw a map of Cameroon for me? where do the Anglophones live, mostly?
-are you an Anglophone? do you also speak French?
what do you have to do, to join the SCNC? file out a form and pay money? or what?
what did you do, in the year 2005, to join?
did you go to an office, and pay money?
what were your activities for the SCNC?
is it legal to carry SCNC signs on the sidewalk?
what was your first activity for the SCNC>
Besides attend meetings, did you do anything? did you do anything useful? like what?
You say you gave 30-minute lectures to prospective members. What else did you do?
you say you went to picnics? did the government interfere with the picnics?
did the government interfere with your lectures?
did the government know about the picnics and lectures?
did the government interfere in any activities of the SCNC?

Monday, May 18, 2009

read your own application before court!

Mr. Kueviakoe, from Togo, was denied asylum because he could not repeat his own application.

In his I-589, he wrote that he was dragged to a car. In court, he said he was dragged to a truck.
in his I-589, he wrote that when the police came, he ran away. In court, he said that when the police came, they hit and arrested him.
-in his I-589, he wrote that he was in the hospital for two days; in court, it was for three weeks.

In court, the government lawyer asked mr. K: 'you did not read your own application before coming to court? I know more about it than you do?"

Sunday, April 19, 2009

a "black" person from Russia #3

who hit you? why?
who robbed your house? why?
Yuri was beaten up? by whom? why?
=
Closing argument by government lawyer:
-she only suffered a small amount of harm: nothing physical; no hitting; no hospital bills. She says she suffered emotional and psychological harm, but she never saw a psychologist for her problems. She was able to work, go to school, rent an apartment; she could travel. Her friend was the victim of a crime, but she did not report it to the police.
-the failure to report to the police is important. If you do not tell the police, how can you expect them to help?
-her government does not hate her: the government gave her a passport, and let her travel out of, and back into the country. This shows the government does not hate her.
-After leaving the country she says is so dangerous, she then returned to it. This shows the country is not so dangerous. Who would voluntarily return to danger?

Friday, April 17, 2009

a "black" person from Russia #2

the government lawyer asked: did you travel outside of Russia? where? why? did you have any problems leaving Russia? if Russia hates you, why would it let you leave?
-you say that your country is dangerous? so why did you return voluntarily to it? if you return of your own free will, doesn't that show us that the country is not dangerous? Or, did you have a very good reason to return there?
-your daughter lives in France? can she file a petition for you, so you can get immigration status there?
-are there different kinds of harm? yes? one kind is physical? another kind is emotional? did you suffer emotional or psychological harm? did you suffer any economic harm, such as not being able to get a job?
-you lived in the city of Moscow? you had problems there; so, why no go live in another city? why not live in Stalingrad? why not in Leningrad?
-you say you were attacked in the street? did you report it to the police? why not? do you think the police do not care if you suffer an attack? why do you think that?

Thursday, April 16, 2009

a "black" person seeking asylum from Russia

The Government lawyer asked Ms. R, a dark-skinned person, seeking asylum from Russia:
1. Tell me about all of your international travel: where did you go, why, and why did you leave that country?
2. You went to Armenia? when? why? why leave Armenia? why not apply for asylum there? After Armenia, you went to back to Russia? you returned voluntarily to a country you say is dangerous? I guess it is not so dangerous, if you returned there, yes?
3. Or, did you return there only reluctantly, and because you had no real choice?
4. you lived for 6 years in Russia? during that time, you suffered no physical harm? no harm to your church, house, or car?
5. you were able to work? you had a job? your employer was friendly to you? So, you suffered no economic harm?
6. you say one day a Russian threatened to kill you? did you report that to the police? why not? who says it is a waste of time to report such things to the police?
7. your mother, father, brother, and sister all live today in Russia? not one of them suffered physical harm? not one? so why don't you go live with them, because they have found a way to live in safety?
8. you say your brother lives in fear? he does not go out at night because he is afraid? he cannot leave the country because no money and no visa? but he reallyl wants to leave?
9, you say you were fired from your job? but in your I-589, you say you "quit" your job, correct? also in the I-589 you did not mention emotional harm suffered by brother? why do you add things today in court which were not in your I-589? when was the last time you read your I-589? do I know more aboutyour I-589 than you do?

Monday, April 13, 2009

questions asked of an activist from Cameroon

1. upon your release from prison, what did you sign?
2. why were you arrested? did you violate a law of your country? other people were there also; why weren't they arrested?
3. did you join a political party in your country? why? when?
4. why did you come to the USA?
5. to get your visa from the US Embassy, what did you say? did you tell the truth? why not?
6. did you try to re-locate inside your country?
7. you say your government hates you, today? how do you know?
8. is it true that 18 million people live in your country? why would your government care about you? what is so special about you?
9. you suffered no physical harm, correct? did you suffer any emotional harm or emotional distress?

does your government care if you protest?

Ms. C, from Cameroon, testified as follows: "on June 5, 2008, I spoke with Mr. Lawrence Mbah on the telephone. Mr. Mbah works at the Embassy of Cameroon in Washington DC. I asked him if it is true that if 1] a person protests here in Washington against the government of Cameroon, that then 2] that person's family members in Cameroon will be arrested, harassed or attacked?

Mr. Mbah answered by saying that we should be mindful of our activities here in the USA because our family members will pay for what we say or do.

I then asked him: what would happen to me, if I protest here in USA and then return to Cameroon? He answered that we should be mindful of our activities here because we will later pay for what we say or do.
=
What does your government embassy think, in the year 2009? can you find out what they think?

Thursday, April 2, 2009

why isn't each member of your family dead?

the Assistant Chief Counsel asked these questions of the pro-democracy activist from Ethiopia:
1. where does your older brother live? is he politically active? why not? is he afraid? he has never been arrested or imprisoned? is that because he was not active?
2. where does your younger brother live? why wasn't he arrested, killed, or imprisoned? is it because he is afraid, and is not politically active?
=
3. why would your government target you? do they really know you? how did they come to know you? aren't there thousands of students? what makes you so special?
4. to get your visa to enter USA, did you actually go inside the US Embassy in the city of Adis Ababa? did you tell the truth, or did you lie to get your visa? why did you lie?
5. you protested with your friend, Mr. X? he was imprisoned with you? why didn't he write a letter of support for you? did you even ASK him to write a letter? did he tell you he was afraid to write a letter, or is he just lazy?
6. did you try to relocate inside your country? you had trouble in city #1? OK, so go live 500 miles away in City #2? why not do that?

Monday, March 16, 2009

Judge did not believe government cared about protests

in Dankam v. Gonzales, 2007 U.S. App. Lexis 16852 [4th Circuit 2007] Ms. Dankam, from Cameroon, testified she protested in front of her Embassy in Washington Dc, and that she was "sure" her government knew she protested and that her government would get angry and later try to punish her.

However, the Judge said:
"there is no evidence of what your government knows or thinks."
"no one wrotet a letter, agreeing with you"
" there are no photographs of a man inside the Embassy watching you'
"no one bothered or injured your husband and children back in the old country"
"you are not famous; you are not a big shot; you did not speak on the radio; you did not write letters; no one knows who you are"
You lose!

Monday, March 2, 2009

questions to a christian from Indonesia, by IJ

When you left your country, what happened at the airport?
Tell me about your mother and father: they are Christians, they still live in the same house and go to the same church, and they have suffered no harm? you say they did not suffer physical harm; but that they did suffer emotional harm? what do you mean? what is "emotional harm"?
-Did you get a visa from the USA Embassy in your country? how did you leave your country?
Does the recent Department of State report, at page 17, say that the police try to protect churches?
Does the recent Department of State report at page 18, say that violence against Christians "continues to decline"? The Judge, the government lawyer, and your own lawyer read the Department of State reports, but you don't?
You are different from everyone else in the courtroom?
=
how were you able to get 24 [twenty four] people to come to court for you today?

Friday, February 27, 2009

more questions to Burmese activist

18. after your release, any more problems? tell me all of your problems?
19. inside the jail, did you suffer physical harm? emotional harm? economic harm?
20. when the monks protested, what did you do? a movie camera would record you doing what?
standing on sidewalk? giving food to monks? giving money?
21. were you arrested with others? who else was inside the jail with you? did you see any blood inside the jail? what questions did they ask you?
22. inside, did you suffer harm that was a] physical? b] emotional? after the guard said he would hit you, how did you feel? what thoughts went through your mind? WTWTYM?
23. why did they release you?
24. at the time of your release, what was the conversation? were others still locked inside? why were you released, but the others were not?
25. did you have any problems getting your passport? [The Officer already had asked about this; see Question #5.]
26. when did the USA issue a visa to you? when did you decide to come to the USA? [the Officer already had asked about this; see Question #10]
27. Back in your country, you owned a house? who lives in it now? you owned a business? who is running the business now?
28. when did you last protest in USA? how many other protesters were there? what were you protesting against? did a man from the Burmese embassy take your photo? why did he do that/
29. why did you get involved with politics?
30. you say your wife wrote you a letter? where is the original envelope it came in?
31. why would you be targeted now? are you special in some way? what way is that? does your government care about you? how do you know?
32. do you know anyone similar to you, who was harmed? what has happened to "similarly-situated" people? are you the only activist who protested, and was harmed?
33. you lived in City #1 in your country? you had problems there? so what- go live in City #2. Why can't you do that? who says there would be probems in City #2?
34. do you have a proper exit visa in your passport? [The Officer then studied each page of the passport in silence]
35. did you ever travel to other countries?
36. why did you take the photos? who took these photos of you protesting? your friend? why did he take them?

democracy activist from Burma

The Asylum Officer asked these questions:
1. can you repeat everything on page one of your I-589?
2. can you repeat everything on page two?
3. was your application read back to you in your native language?
4. PASSPORT: show me your passport. Let's look at each stamp in it. When was it issued? when did the USA give you a visa? when does passport expire? did you have problems before the USA gave you a visa, or after?
5. was it easy to get your passport, or did you have to pay "under the table money"?
6. you had to pay how much?
7. was it easy or hard to get out of your country? did you have to pay "under the table" money? how much?
8. you lived in Japan for 5 years? what was your status there? how often did you re-new your visa there? why don't you go live there now?
9. what other foreign country did you live in ? Thailand? India? why don't you go live there now? when you were there, why didn't you apply for asylum there?
10. how did you get your visa to enter USA? did you have a face-to-face interview with US Embassy man in your country? what questions did he ask? how did you answer? did you tell lies to the US Embassy? why?
11. do you have a political opinion? what is it? how strong is it? did you have it a long time ago, and also now, still, here in the USA? were you active in political activities in Burma, Japan, and USA? why not?
12. were you a member of a political party? did you hold a post? were you a big shot? were you well-known? conspicuous? notorious?
13. what did you do? sit in office and make phone calls? walk on sidewalk and distribute pamphlets? what did you do, that a movie camera would record?
14. you say you went to meetings? does that mean you walked into a room and sat in a chair? anything else? did you talk, discuss, and debate?
15. at the time of your arrest, where were you, and what were you doing? walking on sidewalk? sitting on a chair? lying down by a swimming pool?
16. what questions did they ask you, while they held you? what did they want to know? did they make any threats? what words did the guard say?
17. why did they arrest you? why did they release you? at the time of your release, what was the conversaton?

Monday, February 23, 2009

Mr. Gomez, from the Philippines, loses

Mr. Gomez was denied asylum. In his I-589 application, he said he received a death threat in 1999; in court, however, he said it was in the year 2000.

The IJ also said, "you left your country eight years ago. Your family is fine; no one hurt them. The bad guys have forgotten about you. There is no evidence that in this year, 2009, the bad guys care about you at all. They forgot about you."

Friday, February 13, 2009

24 questions every applicant should answer

Each asylum applicant should answer these 24 questions:
PHYSICAL HARM
1. did you suffer any harm to your body?
2. did you suffer any harm to your house, apartment, furniture, office, temple, church, motor vehicle, or to anything else?
3. were you held inside a jail or prison?
PSYCHOLOGICAL HARM
4. did anyone threaten you?
5. did you suffer emotional harm? did you feel scared, anxious, worried? have nightmares or flashbacks?
6. did a member of your family suffer harm? how did you feel as a result?
7. how would you compare your emotional health today, with what it was before?
ECONOMIC HARM
8. did you lose your job? were you denied another job?
9. was property taken away from you?
10. were you ordered to pay a large fine?
11. were you denied health benefits, education, public services, official documents?
12. were you denied a license, passport, or insurance?
SOCIAL HARM
13. was there an invasion of your privacy?
14. were you forced to live in a ghetto?
15. were you denied certain kinds of jobs/ schools?
16. was there enforced social and civil inactivity?
17. was there surveillance? did police talk to you frequently?
18. were you pressured to become an informer?
19. did you suffer deprivation of liberty?
20. were you shunned or ostracized?
21. were you forced to comply with religious rules?
22. were you verballly insulted when you walked down the street or took a bus?
23. were there public expressions against your group? [statements made in newspapers, television, radio, or graffiti on walls?]
24. were you treated unfairly in any other way?

Friday, January 30, 2009

how hard did you try to get corroboration?

The Judge denied asylum to the Christian who said the bad guys 1] burned her farm; 2] killed her husband; and 3] beat her daughter.
-The Judge asked: where is the proof that you even owned a farm? where is the title? who says you owned it? where is the proof it was burned? why not a photo? can't a neighbor write a letter saying it was burned?
-you say husband was killed? where is death certificate? photo of his grave? photo of his dead body? funeral service?
-you say daughter was beaten? where are photos? medical bills? letter from daughter?
-you say it is hard to get letters from your country? who says? don't people from your country fly back and forth to the USA each week? why can't one of them be a courier?
Why didn't you try harder to get corroboration? did you spend one hour on this? did you spend even ten dollars?

Wednesday, January 28, 2009

who exactly do you fear, and why?

The Asylum Officer asked this of the activist from Liberia:
can you repeat everything on page one of the I-589? can you repeat everything on page 2?
what was your last address in your country? when did you last leave your country? when did you last enter USA? what is your ethnic group?
-When the bad guy hurt you with his gun, what did he say? did he say anything else?
what was the bad guy wearing? did he work for the government?
what would happen to you if you return to your country?
why is the bad guy angry at you?
-do you know someone who did testify in court, and who later was hurt?
do you know someone who did protest in USA, and who later was hurt?
-in the last three months, did members of your family back in your country have any problems?
is there anything else? did you receive any weapons training?
what does your passport say? is there another country where you could apply for residency?

Thursday, January 22, 2009

questions asked of a Christian from Bangladesh

The AO asked: tell me the bio details from page 1 of the I-589; now, tell me about each member of your family: DOB; POB; current immmigration status, where did they travel, and when?
-what was your last address, outside of USA?
-when did you leave your country; when did you enter USA?
You say you suffered in Bangladesh; you want asylum in USA; isn't there a third country, somewhere, where you can live? can you prove with a piece of paper that you can't live in France? what does the embassy of France say? did you ask?

-do you own land in your country? do you own a house there? is it empty? who lives in it right now? whoever lives in it, has your same religion and ethnic group? how come no one kills them? you say you suffered because you were a Christian? isn't your mother a Christian? how come no one hurt her? Oh, you say she lives in fear? she stays inside as much as she can?

Let's talk about the bad guys. What did they wear? did they have any weapons? what language did they speak? is their accent different from yours? what words did they say? can you repeat each word? what "exactly" did they say? when they said that, where was your wife? did she hear it too? how come she did not say that in her letter?

what did they say as they left? did you report this to the police? why not? what religion are the police? how did the bad guys find you? your house is on a street without a name? there is no number on the house? so how do the bad guys know where you were? do people gossip in your neighborhood? everyone knows what everyone else is doing? so, just ask a guy on the street, "tell me where this family lives?"

-has your family back in your country had any problems, since you left? NO? everything is OK? so, go live with them. They have no problems? go live with them; you do not need asylum here in the USA.
is there anything else? Yes? what?
Did you read your two-page Declaration before the interview? why not? did the Asylum Officer read it? did your lawyer read it? do both of them know more about your Declaration than you do? does that make you feel embarrassed, that the two Americans know more about you than you do? What emotions does the Asylum Officer have, right now, watching you be unable to repeat your own story? does he think you are a moron?

Inconsistencies of Mr.K, from Burma

I suffered injury to my right eye in July, except it was in January
I did not even try to get a letter from the sister of Mr. MMM
I protested on September 23, 24, and 25; except that I protested on September 23&24; except that I protested on the 23rd, 24th, [25th was a day of rest] and again on the 26th
I was never arrested; except that I was arrested once; except that I was arrested twice
I learned of the arrest of MMM from an in-person visit from his sister; except that it was from a phone call from his sister;
When I protested, I did see government agents take my photograph with cameras, except that I did not see any cameras
I was punished because of church work, and also because I protested; however, letter from wife says I was punished only because of church work
I say I was arrested; but the letter from pastor does not mention arrest
I did not even try to get a letter from the sister of MMM, because I was too busy here in USA doing other things

why can't you repeat your own story twice in a row?

Mr. K, from Burma, was denied asylum because he was inconsistent. He told one story to the Asylum Officer [AO], then he told a slightly different story to the Judge. The Judge knew exactly what K told the AO, because the AO wrote it down. Before the hearing with the Judge, the Judge read the AO report. Mr. K was too busy to read it; K forgot what he told the AO. So, in court, everyone was bored and they listened to K mumble and be inconsistent. The Judge was bored, the government lawyer was bored, K's own lawyer was bored. They all knew more about K than K!

The Judge, the government lawyer, and K's lawyer were all thinking the same thing: "we know more about K than K himself! What a moron! K is too busy to read his own story? Isn't he embarrassed that the three Americans know more about him that he does himself?"

K's lawyer can tell K's story backwards and forwards; he can say it without notes, five times in a row. What can't K do that?

Tuesday, January 20, 2009

What does "arrest" mean in English?

Mr. K, from Burma, was denied asylum:

Mr. K's church was not given a permit to build, so, K complained loudly and in person. As a result, government agents, armed with guns, forced K to go to a small room where they punched him. In other words, in the English language, K was "arrested." He was forced to go to a small room and stay there, by government agents.

There are many other words in the English language that mean almost exactly the same thing: K was "detained," K was "imprisoned," K was "jailed." Or, he was "arrested."

A government agent is a government agent. It is not important if the agent was part of the "police" or if he was part of the "Military Intelligence." The man with a gun worked for the government of Burma; that is what is important.

A small room, that you are locked up in, and which has an armed guard outside, is a bad place to be. In English, we do not care if the room is in a "jail,' in a "prison," in a "detention center," or in a "correctional facility." Does the person in the locked room care what kind of building he is in? NO; what is important is that he cannot get out. He is locked in. He is in a room with four walls and a locked door.

Some Burmese people think it is very important to distinguish between being held by the police versus being held by the military. They want to say, "I was arrested by the police;" or, "I was detained by the military." We do not care about that here in the USA. Whether it is police or the military, we do not care. Each man with a gun is an agent of the government.

Some Burmese people think it is very important to distinguish between "jail" and "prison." We do not care about that here in the USA. A locked room is a locked room.

Mr. K decided he was an expert in the English language. Even though the military forced him into a small room, Mr. K said he was NOT arrested, because he thinks the military does not "arrest" people; it "detains" them.

Monday, January 19, 2009

man from Pakistan was asked about his passports

The AO wanted to know these things about Mr. P, from Pakistan:
-what is your ethnic group? what is your religion? what do you mean, "liberal" muslim?
-tell me about your international travels: what was your immigration status when you arrived here in USA? did you maintain your status? what applications did you file, before the application for asylum?
-what was your last address in Pakistan? when did you last enter the USA?
-why are there errors on page 4? if you were too busy to fill it out correctly, maybe I am too busy to interview you, and come to the correct decision?
-when was your passport issued? where did you travel next? and then? when does passport expire? did you try to re-new it? what happened when you asked at your Embassy?
-when did you decide to apply for asylum?
why did you apply? who do you fear? why?
-show me all originals! show me the envelopes the letters came in!
-did you suffer economic harm? they seized your land? worth how much?
-you say a fatwa was issued against you? how does government know about it? how does family of Mr. X know about it?
-did you bring all of your papers here to the interview? why not?
-Mr. X found out about your activities? how? how did he find out? what is the motive of Mr. X?
-there is no date on the fatwa? why not?
"does the church issue fatwas?"
-if you return to your country, who do you fear? what do you fear? why?
-did you ever fire a weapon? did you receive training with rifles or pistols?
-is there anything else? yes, what? now, is there anything else?

Friday, January 9, 2009

will you talk to your witness before the hearing?

The Judge denied asylum to Mr. Sholla, from Albania, because Sholla testified he was beaten three times in 1997, whereas his brother testified that Sholla was beaten once in 1997, and twice in 1998.