Ms. Edu, from Nigeria, joined a Youth Association in her country. She went to meetings, she wrote letters to politicians and to military officers, and she marched in the street carrying a big, anti-government sign. Her government beat her up, and put her into prison.
She arrived here in USA in 1989, which is 21 years ago. She applied for asylum and told the judge: "If I return to my country, I will protest even more. Things are now worse in my country. Two of my cousins were killed; I have nothing to live for."
The Judge ruled against her; she appealed to the Ninth Circuit in the year 2010.
The Ninth Circuit court ruled in her favor; saying that protesting for political rights is good. Ms. Edu said she would protest; we believe her. Maybe she deserves asylum.
= =
Are you as brave as Ms. Edu?
Thursday, December 23, 2010
Friday, November 19, 2010
do you have a strong political opinion?
Mr. Binrashed, from Yemen, arrived in USA in 1999. His father went to the UK. In the year 2002, the father helped found the "Southern Democratic Assembly". The father became an officer; his name and picture are displayed on the organization's website.
Mr. Binrashed applied for asylum in USA and was denied by the IJ, and the BIA. However, the 7th Circuit reversed and remanded, in 2007,in part because of the notoriety of the father.
=
Mr. Binrashed left his country in 1999; eight years later, in the year 2007, was there evidence that his government was still interested in, or angry at, him?
The very public acts by the father benefited Mr. Rashed.
=
[Why didn't Mr. Binrashed, the son, start his own organization in USA?]
Mr. Binrashed applied for asylum in USA and was denied by the IJ, and the BIA. However, the 7th Circuit reversed and remanded, in 2007,in part because of the notoriety of the father.
=
Mr. Binrashed left his country in 1999; eight years later, in the year 2007, was there evidence that his government was still interested in, or angry at, him?
The very public acts by the father benefited Mr. Rashed.
=
[Why didn't Mr. Binrashed, the son, start his own organization in USA?]
Thursday, November 11, 2010
forced marriage in Cameroon #4
The Asylum Officer asked:
-what is your name, according to your passport? according to your visa?
where do you live in the USA? who else lives there?
What was your job in your country? where did you work? what did you sell?
=
Why can't you return to your country?
Why do you fear your government?
Your husband is a member of the CDPM? what do those initials stand for?
Is polygamy legal in Cameroon?
What is the difference between "police" and "gendarmes"?
where were you, at the exact moment of your arrest? where was your husband?
what did the officers say?
who else was there, at the time? your friend John? how come John did not write a letter of support for you?
What else did they say?
Tell me the exact words they said!
Where did they take you?
what did they say at the police station?
what else did they say?
Why were you released? what was the conversation at the time of your release?
=
what did you tell the US Embassy, to get your visa?
did you tell lies to get your visa? why? you say you had no choice?
Did you show your passport to the official at the airport? how come he did not arrest you?
=
did your mother suffer any economic harm, recently?
did she suffer any emotional harm, recently?
Did the police make any threats to her? what exactly did the police say?
What else did they say?
=
is there anything else? I see; OK, is there anything else?
-what is your name, according to your passport? according to your visa?
where do you live in the USA? who else lives there?
What was your job in your country? where did you work? what did you sell?
=
Why can't you return to your country?
Why do you fear your government?
Your husband is a member of the CDPM? what do those initials stand for?
Is polygamy legal in Cameroon?
What is the difference between "police" and "gendarmes"?
where were you, at the exact moment of your arrest? where was your husband?
what did the officers say?
who else was there, at the time? your friend John? how come John did not write a letter of support for you?
What else did they say?
Tell me the exact words they said!
Where did they take you?
what did they say at the police station?
what else did they say?
Why were you released? what was the conversation at the time of your release?
=
what did you tell the US Embassy, to get your visa?
did you tell lies to get your visa? why? you say you had no choice?
Did you show your passport to the official at the airport? how come he did not arrest you?
=
did your mother suffer any economic harm, recently?
did she suffer any emotional harm, recently?
Did the police make any threats to her? what exactly did the police say?
What else did they say?
=
is there anything else? I see; OK, is there anything else?
applicant from Angola
The asylum officer asked:
-why were you so slow in applying for asylum?
-tell me the circumstances of your beating: where were you, exactly, at the time of the arrest?
-why can't you return to your country?
Tell me about each member of your famiy: where are they; what are they doing; you say your government hates you; why doesn't government hate each member of your family?
=
what does UNITA stand for?
What is your ethnic group, or your tribe? do members of your tribe suffer economic harm?
Your brother was assaulted; did you report it to the police? why not?
what did brother tell you about his arrest?
Your mother was arrested? why? did she suffer emotional harm?
What did mother tell you about her arrest?
=
where were you, at the time of your arrest?
what did the soldiers say to you?
=
you went to a private school? how did you pay the tuition?
You say your father was recently attacked by the government? how do you know it was the government? you say your father was not robbed? so, therefore, what motive might the bad guys have had?
-is there anything else? what?
Is there anything else?
-why were you so slow in applying for asylum?
-tell me the circumstances of your beating: where were you, exactly, at the time of the arrest?
-why can't you return to your country?
Tell me about each member of your famiy: where are they; what are they doing; you say your government hates you; why doesn't government hate each member of your family?
=
what does UNITA stand for?
What is your ethnic group, or your tribe? do members of your tribe suffer economic harm?
Your brother was assaulted; did you report it to the police? why not?
what did brother tell you about his arrest?
Your mother was arrested? why? did she suffer emotional harm?
What did mother tell you about her arrest?
=
where were you, at the time of your arrest?
what did the soldiers say to you?
=
you went to a private school? how did you pay the tuition?
You say your father was recently attacked by the government? how do you know it was the government? you say your father was not robbed? so, therefore, what motive might the bad guys have had?
-is there anything else? what?
Is there anything else?
Monday, November 8, 2010
comments by Supervisory Asylum Officer
At a seminar, a "Supervisory Asylum Officer" offered these suggestions:
-yes, we love passports, because inside, are dates!
-applicant: know your passport! are there some stamps which are missing? did you travel somewhere, but there is no stamp at that airport?
=
men get raped in prison at times. Most men do not want to talk about that. so, ask the man in your office: "I have heard that men get raped in prison in your country. Is that true? did anything happen to you?"
=
There are dates in the passport, in membership cards, in letters from doctors. Do those dates agree with the dates in your Declaration?
Do the documents agree with the Declaration?
=
Maybe you went to the clinic in 2008 and saw Dr. Smith. Then, in the year 2010, you asked the clinic for documents; in that year, Dr. Jones wrote a letter about 2008. Why is the name "Dr. Jones" on the record for an event in 2008? Because Jones works there in 2010. Read the names of the doctor on the paper you have!
=
The Asylum Officer wants info. Answer his questions! answer in detail! Answer his questions, even if you do not have any idea why he would be asking a question, that seems stupid to you.
-yes, we love passports, because inside, are dates!
-applicant: know your passport! are there some stamps which are missing? did you travel somewhere, but there is no stamp at that airport?
=
men get raped in prison at times. Most men do not want to talk about that. so, ask the man in your office: "I have heard that men get raped in prison in your country. Is that true? did anything happen to you?"
=
There are dates in the passport, in membership cards, in letters from doctors. Do those dates agree with the dates in your Declaration?
Do the documents agree with the Declaration?
=
Maybe you went to the clinic in 2008 and saw Dr. Smith. Then, in the year 2010, you asked the clinic for documents; in that year, Dr. Jones wrote a letter about 2008. Why is the name "Dr. Jones" on the record for an event in 2008? Because Jones works there in 2010. Read the names of the doctor on the paper you have!
=
The Asylum Officer wants info. Answer his questions! answer in detail! Answer his questions, even if you do not have any idea why he would be asking a question, that seems stupid to you.
Thursday, November 4, 2010
november 2010 activist from Cameroon #3
Still more questions:
-did any member of your family suffer emotional harm?
economic harm? social harm?
-Did any of your friends have problems?
In the last six months, has your wife had any problems?
How long were you at the clinic?
what did they do for you?
-clean your wounds, put on salve, put on bandages, give you medicine?
-did they give you a prescription? what advice did the doctor give you?
-did the doctor test your blood, your urine, blood pressure, X-ray?
=
You left your country two years ago? they have forgotten about you?
Why would they target you, today? are you important?
Why would you be arrested/
In the last six months, have other journalists been arrested?
=
your wife sent you a letter? where is the envelope? how did you get this letter?
Is there anything else?
In the last two months, how did you sleep at night?
Today, does your wife have a job? your father? does the government bother them?
If you return to your country, what would happen?
Assuming you return, and that you are not arrested at the airport, what would you do? Continue with political activities, or not?
-did any member of your family suffer emotional harm?
economic harm? social harm?
-Did any of your friends have problems?
In the last six months, has your wife had any problems?
How long were you at the clinic?
what did they do for you?
-clean your wounds, put on salve, put on bandages, give you medicine?
-did they give you a prescription? what advice did the doctor give you?
-did the doctor test your blood, your urine, blood pressure, X-ray?
=
You left your country two years ago? they have forgotten about you?
Why would they target you, today? are you important?
Why would you be arrested/
In the last six months, have other journalists been arrested?
=
your wife sent you a letter? where is the envelope? how did you get this letter?
Is there anything else?
In the last two months, how did you sleep at night?
Today, does your wife have a job? your father? does the government bother them?
If you return to your country, what would happen?
Assuming you return, and that you are not arrested at the airport, what would you do? Continue with political activities, or not?
november 2010 activist from Cameroon #2
More questions:
-inside prison, were you interrogated? what did they ask you?
how many times were you interrogated?
-on the day of your release, what happened? what was the conversation?
Where did you go? and then, after that, where did you go?
=
Have you ever met Mr. Biya, face-to-face? what do you think of him?
Why did you stop printing your newspaper?
Why did the police hate your newspaper?
=
what was the worst thing that happened to you?
-inside the prison cell, who else was there?
What else was there? beds? blankets? bucket for feces and urine?
Mosquitos?
did the other prisoners fight for water and food?
Did you see any blood? whose blood was it? where was the blood?
Some prisoners were smoking? where did they get cigarettes?
What thoughts went through your mind, when the guard called your name?
=
how often did they let you out of the cell for fresh air and sunshine?
Do you think the government has a record of your arrest? of your detention in prison?
Why do you believe that?
=
Have you engaged in any political activities here in USA?
when did you start your blog on blogspot.com?
What do you say in it?
Does any member of government read your blog?
how do you know?
-inside prison, were you interrogated? what did they ask you?
how many times were you interrogated?
-on the day of your release, what happened? what was the conversation?
Where did you go? and then, after that, where did you go?
=
Have you ever met Mr. Biya, face-to-face? what do you think of him?
Why did you stop printing your newspaper?
Why did the police hate your newspaper?
=
what was the worst thing that happened to you?
-inside the prison cell, who else was there?
What else was there? beds? blankets? bucket for feces and urine?
Mosquitos?
did the other prisoners fight for water and food?
Did you see any blood? whose blood was it? where was the blood?
Some prisoners were smoking? where did they get cigarettes?
What thoughts went through your mind, when the guard called your name?
=
how often did they let you out of the cell for fresh air and sunshine?
Do you think the government has a record of your arrest? of your detention in prison?
Why do you believe that?
=
Have you engaged in any political activities here in USA?
when did you start your blog on blogspot.com?
What do you say in it?
Does any member of government read your blog?
how do you know?
Wednesday, November 3, 2010
november 2010 activist from Cameroon
The Asylum officer asked these questions:
-do you have any relatives in USA?
-what work have you done for the past 5 years?
-does your wife work? your father? your mother?
-What reason did you give, to get your visa to come to USA?
-=
Why do you want asylum?
why would government hurt you?
You were arrested in August 2009? where were you, at the moment of your arrest?
Can you draw a picture of the scene? where were you standing, where was wife, where was the soldier?
Why were you arrested? what reason did they give?
What were you doing, right before the soldier came in?
who else was there? Mr. Elmo? why didn't he write a letter of support for you?
=
where did they take you?
where exactly is the police station?
=
you say you went to a rally in September 2009? how many people were there?
Why did you go to the rally?
why did the police go to the rally?
who organized the rally?
what day in September was it? on a Tuesday? Wednesday? the 15th? 16th?
why were you arrested?
how were you arrested? did the soldier touch you? how? where?
What did the officer say, as he arrested you?
what thoughts went through your mind, as he arrested you?
Please make a sketch: draw a picture of the scene
How many officers came inside? how many were outside?
=
You were inside prison for six days? how would you describe your time there?
-do you have any relatives in USA?
-what work have you done for the past 5 years?
-does your wife work? your father? your mother?
-What reason did you give, to get your visa to come to USA?
-=
Why do you want asylum?
why would government hurt you?
You were arrested in August 2009? where were you, at the moment of your arrest?
Can you draw a picture of the scene? where were you standing, where was wife, where was the soldier?
Why were you arrested? what reason did they give?
What were you doing, right before the soldier came in?
who else was there? Mr. Elmo? why didn't he write a letter of support for you?
=
where did they take you?
where exactly is the police station?
=
you say you went to a rally in September 2009? how many people were there?
Why did you go to the rally?
why did the police go to the rally?
who organized the rally?
what day in September was it? on a Tuesday? Wednesday? the 15th? 16th?
why were you arrested?
how were you arrested? did the soldier touch you? how? where?
What did the officer say, as he arrested you?
what thoughts went through your mind, as he arrested you?
Please make a sketch: draw a picture of the scene
How many officers came inside? how many were outside?
=
You were inside prison for six days? how would you describe your time there?
pro-democracy activist from Cameroon
The government lawyer asked these questions of the pro-democracy man from Cameroon:
1. Is your testimony today different from your I-589? why?
2. you say you went to a rally? how many people were there?
3. was anyone else arrested at the same time as you?
4. how long were you there, before you were arrested?
5. what did you say out loud to the soldier?
6. what did the soldier say to you? what language did he use?
7. how much money did you give to the SDF? 20,000 cfa? how much is that in US dollars?
8. where is the receipt for your money? why don't you have a receipt?
=
9. In your I-589, you said the police came to your house in January? but you told your psychologist that the police came in February? why the difference?
=
10. when was your passport issued? when was it re-newed? what other foreign countries did you travel to?
11. when was your visa issued? did you tell lies to get your visa? why?
12. your passport was issued in March, but you waited until September to ask for a visa? why? why not be faster?
13. Your government hurt you in June? why not flee immediately? you needed time to get money for your travel?
14. you left your country two years ago? your government has forgotten about you, correct? who says your government still cares about you? no one?
1. Is your testimony today different from your I-589? why?
2. you say you went to a rally? how many people were there?
3. was anyone else arrested at the same time as you?
4. how long were you there, before you were arrested?
5. what did you say out loud to the soldier?
6. what did the soldier say to you? what language did he use?
7. how much money did you give to the SDF? 20,000 cfa? how much is that in US dollars?
8. where is the receipt for your money? why don't you have a receipt?
=
9. In your I-589, you said the police came to your house in January? but you told your psychologist that the police came in February? why the difference?
=
10. when was your passport issued? when was it re-newed? what other foreign countries did you travel to?
11. when was your visa issued? did you tell lies to get your visa? why?
12. your passport was issued in March, but you waited until September to ask for a visa? why? why not be faster?
13. Your government hurt you in June? why not flee immediately? you needed time to get money for your travel?
14. you left your country two years ago? your government has forgotten about you, correct? who says your government still cares about you? no one?
Monday, October 11, 2010
Mr. Malonga, from the Congo, was and is still active!
The 8th Circuit Court of Appeals granted relief to Mr. Malonga, from the Republic of Congo, in part because:
1. He was active in political groups after he left his country. He joined one group based in USA, and another based in France. He signed petitions which criticized his government; these petitions were circulated in USA, France, and in Congo.
2. He testifed that if he is returned to his country, "I will continue to press for democracy." He was active while in his country, and while in the USA. So, when he said he would be active in the future, the court believed him.
3. He said that his ethnic group is easily observable: his group has a different accent, dialect, and have certain surnames. His group generally lived in one particular region of his country.
1. He was active in political groups after he left his country. He joined one group based in USA, and another based in France. He signed petitions which criticized his government; these petitions were circulated in USA, France, and in Congo.
2. He testifed that if he is returned to his country, "I will continue to press for democracy." He was active while in his country, and while in the USA. So, when he said he would be active in the future, the court believed him.
3. He said that his ethnic group is easily observable: his group has a different accent, dialect, and have certain surnames. His group generally lived in one particular region of his country.
Thursday, October 7, 2010
more questions to Burmese activist Sept. 2010
Tell me about your father: his work, where he lives today; did he suffer emotional harm? economic harm? physical harm?
-Tell me about mother: did she suffer emotional harm?
Tell me about sister #1: did she suffer harm?
tell me about brother #1: did he suffer economic harm?
=
why did you come to USA?
You say you gave money to victims of the cyclone? where did the money come from? how did you get it?
Why did you protest? what did you want?
Did your government notice or know that you protested? how do you know that?
=
why did you apply for asylum?
what is your complete immigration history here in USA?
You lived freely in Burma? what was not free?
What do you mean, "you lived under surveillance"? did you suffer emotional harm as a result of living under surveillance?
did you suffer any harm in Burma? what kind of harm?
=
if you return to Burma tomorrow, what would happen?
do you know anyone else, who protested in USA and then returned to Burma?
Who is Nyi Nyi Aung?
-you say your country is dangerous? your government hates you? but, you voluntarily returned there? you voluntarily showed your passport, with your name and photo on it, to the government officials at the airport?
-Tell me about mother: did she suffer emotional harm?
Tell me about sister #1: did she suffer harm?
tell me about brother #1: did he suffer economic harm?
=
why did you come to USA?
You say you gave money to victims of the cyclone? where did the money come from? how did you get it?
Why did you protest? what did you want?
Did your government notice or know that you protested? how do you know that?
=
why did you apply for asylum?
what is your complete immigration history here in USA?
You lived freely in Burma? what was not free?
What do you mean, "you lived under surveillance"? did you suffer emotional harm as a result of living under surveillance?
did you suffer any harm in Burma? what kind of harm?
=
if you return to Burma tomorrow, what would happen?
do you know anyone else, who protested in USA and then returned to Burma?
Who is Nyi Nyi Aung?
-you say your country is dangerous? your government hates you? but, you voluntarily returned there? you voluntarily showed your passport, with your name and photo on it, to the government officials at the airport?
Wednesday, October 6, 2010
questions asked of a pro-democracy activist from Burma
-Why don't you want to return to Burma?
why does your government hate you?
did you do things that government hates? like what?
You say you protested, and demanded democracy?
how would democracy change things?
How do you know that government is aware of your activities?
what did you see with your own eyes?
did you see anyone inside the Embassy take your photo?
=
did you suffer emotional harm in burma?
did you suffer economic harm in Burma?
Your husband joined the NLD? why didn't you join?
Is government aware of protests by husband?
why do you think Government is aware?
=
why did you leave your country?
is that what you told the official at the Embassy to get your visa? why not?
Do you have any envelopes with fancy stamps on them?
You say you were on YouTube? how do you know if your goverment watches Youtube?
How many informers, spies, and infiltrators does your government have in USA?
why does your government hate you?
did you do things that government hates? like what?
You say you protested, and demanded democracy?
how would democracy change things?
How do you know that government is aware of your activities?
what did you see with your own eyes?
did you see anyone inside the Embassy take your photo?
=
did you suffer emotional harm in burma?
did you suffer economic harm in Burma?
Your husband joined the NLD? why didn't you join?
Is government aware of protests by husband?
why do you think Government is aware?
=
why did you leave your country?
is that what you told the official at the Embassy to get your visa? why not?
Do you have any envelopes with fancy stamps on them?
You say you were on YouTube? how do you know if your goverment watches Youtube?
How many informers, spies, and infiltrators does your government have in USA?
very common questions by Asylum Officers
-did anyone help you with your application?
did someone read it back to you in your native language?
do you understand everything in it?
Tell me about all of your international travel: where did you go, what did you do in each country, what was your legal status there?
You lived in Japan for 3 years? why didn't you apply for asylum there?
were you "firmly resettled" in Japan?
=
Tell me about each member of your family: your father:
where does he live? what work does he do? how come the government does not punish him? did he suffer any harm? did he suffer any emotional harm? economic harm?
=
why don't you want to return to your country?
=
Tell me all about your passport! was it difficult to get? did you re-new it?
how did you re-new it?
how did you get your visa to enter USA? what was the conversation? what did the officer ask you, what were your answers; did you tell lies?
=
tell me how you left your country. Did you go to the airport, and show them your passport? did you have to pay any bribes? how much? to whom?
-why didn't you leave your country sooner? more quickly? why the delay? did you have trouble getting money for your travel?
=
what is the exact date you arrived in USA?
why didn't you apply for asylum more quickly? why the delay?
You have a strong political opinion? what is it?
did you join any organizations here in USA? why not?
Tell me the name of three organizations you joined in USA?
recently, has your family in the old country suffered emotional harm?
did they suffer economic harm?
did someone read it back to you in your native language?
do you understand everything in it?
Tell me about all of your international travel: where did you go, what did you do in each country, what was your legal status there?
You lived in Japan for 3 years? why didn't you apply for asylum there?
were you "firmly resettled" in Japan?
=
Tell me about each member of your family: your father:
where does he live? what work does he do? how come the government does not punish him? did he suffer any harm? did he suffer any emotional harm? economic harm?
=
why don't you want to return to your country?
=
Tell me all about your passport! was it difficult to get? did you re-new it?
how did you re-new it?
how did you get your visa to enter USA? what was the conversation? what did the officer ask you, what were your answers; did you tell lies?
=
tell me how you left your country. Did you go to the airport, and show them your passport? did you have to pay any bribes? how much? to whom?
-why didn't you leave your country sooner? more quickly? why the delay? did you have trouble getting money for your travel?
=
what is the exact date you arrived in USA?
why didn't you apply for asylum more quickly? why the delay?
You have a strong political opinion? what is it?
did you join any organizations here in USA? why not?
Tell me the name of three organizations you joined in USA?
recently, has your family in the old country suffered emotional harm?
did they suffer economic harm?
Thursday, September 23, 2010
if you return to your country, what then?
Mr. Ni, from China, was denied asylum: see 613 F.3d 415, at *35:
Ni's lawyer said if Ni returned to China, he would resist the "one-child" policy.
But, years ago, while in China, he did not resist. Here in the USA, he did not resist or protest for a change in policy. There is no evidence that the Chinese government "ever perceived him as opposing the policies. Nor is there any indication in the record that, if deported Ni plans to engage in behavior that will subject him to persecution in the future."
= =
What do we learn from the case?
If you plan to do something in your country, if you are deported, tell the Judge about it.
Ni's lawyer said if Ni returned to China, he would resist the "one-child" policy.
But, years ago, while in China, he did not resist. Here in the USA, he did not resist or protest for a change in policy. There is no evidence that the Chinese government "ever perceived him as opposing the policies. Nor is there any indication in the record that, if deported Ni plans to engage in behavior that will subject him to persecution in the future."
= =
What do we learn from the case?
If you plan to do something in your country, if you are deported, tell the Judge about it.
Wednesday, September 22, 2010
emotional or psychological harm
Physical harm is real. However, there are other kinds of harm:
Deprivation: being locked in solitary confinement. Talk to no one, not even the guard. No sun, no wind, no fresh air; no sounds. No sleep. No hygiene [no showers, soap or change of clothes]. No doctors. No nurses. bad food: no nutrition
One prisoner said, "I did not mind it so much when the guard hit me. It was the cries next door that I could not bear." [cries and screams from another nearby prisoner]
Deprivation: being locked in solitary confinement. Talk to no one, not even the guard. No sun, no wind, no fresh air; no sounds. No sleep. No hygiene [no showers, soap or change of clothes]. No doctors. No nurses. bad food: no nutrition
One prisoner said, "I did not mind it so much when the guard hit me. It was the cries next door that I could not bear." [cries and screams from another nearby prisoner]
if you return to your country, what will you do?
Ms. Ayele, from Ethiopia, testified that she was very active in political activities here in USA: she wrote letters to U.S. Senators and helped with a website.
-She told the Judge she believed in democracy more than ever. Now, having lived in a democracy for three years in the USA, she liked democracy even more than before. She believes that democracy is the only system for a government. "If I return to my country, I will continue with my pro-democracy activities. I do not care if they arrest me. I will continue!"
-She told the Judge she believed in democracy more than ever. Now, having lived in a democracy for three years in the USA, she liked democracy even more than before. She believes that democracy is the only system for a government. "If I return to my country, I will continue with my pro-democracy activities. I do not care if they arrest me. I will continue!"
pro-democracy activist from Ethiopia
The Judge granted asylum to this active, pro-democracy Ethiopian.
Back in his home country, the applicant:
1] drove people to meetings
2] paid transportation costs to students
3] did informal debates with the government official
4] organized civil disobedience events
5] talked to people, and asked them to join his group
6] expressed his opinions publicly and regularly
7] attended meetings, and spoke during them; and debated future courses of action
Back in his home country, the applicant:
1] drove people to meetings
2] paid transportation costs to students
3] did informal debates with the government official
4] organized civil disobedience events
5] talked to people, and asked them to join his group
6] expressed his opinions publicly and regularly
7] attended meetings, and spoke during them; and debated future courses of action
Friday, September 17, 2010
pro-democracy activist from Burma
The Asylum Officer asked:
-show me your passport!
Who are the people in each photograph? tell me the month/year/city
What did your father do for a living?
what did your mother do for a living?
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Why did you come to USA?
Have you ever been harmed? are there different kinds of harm?
Is there "economic" harm? if someone threatens you, did you suffer "emotional" harm?
You lost your job, and were threatened? so why do you say "I suffered no harm"?
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Who threatened you? why? what words did he say?
You say the Red Cross man talked to you, face-to-face? How does the government know about that? did someone tell you the government knows? did you see, with your own eyes, that a government man was watching?
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why did you protest in USA?
did your government notice what you did?
did anyone inside Burma, see you on their computer, or on satellite TV?
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you were threatened in June 2010 in Rangoon? you left Burma, and then you voluntarily returned to your so-called "dangerous" country? If you return, then it is not dangerous, right?
Did you have any trouble getting a passport?
did you have any trouble getting a visa from the US Embassy? why did you tell lies to the Embassy?
did you have any trouble getting out of your country?
If you return, what would happen?
Is there anything else? You want me to look at the letter of support from your brother?
OK, is there anything else?
-show me your passport!
Who are the people in each photograph? tell me the month/year/city
What did your father do for a living?
what did your mother do for a living?
=
Why did you come to USA?
Have you ever been harmed? are there different kinds of harm?
Is there "economic" harm? if someone threatens you, did you suffer "emotional" harm?
You lost your job, and were threatened? so why do you say "I suffered no harm"?
=
Who threatened you? why? what words did he say?
You say the Red Cross man talked to you, face-to-face? How does the government know about that? did someone tell you the government knows? did you see, with your own eyes, that a government man was watching?
=
why did you protest in USA?
did your government notice what you did?
did anyone inside Burma, see you on their computer, or on satellite TV?
=
you were threatened in June 2010 in Rangoon? you left Burma, and then you voluntarily returned to your so-called "dangerous" country? If you return, then it is not dangerous, right?
Did you have any trouble getting a passport?
did you have any trouble getting a visa from the US Embassy? why did you tell lies to the Embassy?
did you have any trouble getting out of your country?
If you return, what would happen?
Is there anything else? You want me to look at the letter of support from your brother?
OK, is there anything else?
Monday, September 13, 2010
is mother's letter consistent with your claim?
Ms. Arulanantharasa was denied asylum, because her mother's letter was inconsistent.
In court, Ms. A testified that
- she was threatened in January 2003
-her sister disappeared after being arrested in 2004
- she was burned by cigarettes in 2004
the letter from her mother said many things, and said that daughter had been arrested; however, the letter did not say:
-daughter was threatened in 2003; that sister disappeared, or that daughter was burned by cigarettes
In court, Ms. A testified that
- she was threatened in January 2003
-her sister disappeared after being arrested in 2004
- she was burned by cigarettes in 2004
the letter from her mother said many things, and said that daughter had been arrested; however, the letter did not say:
-daughter was threatened in 2003; that sister disappeared, or that daughter was burned by cigarettes
Thursday, September 9, 2010
be consistent with yourself
Ms. A, from Egypt, was denied asylum, in part, because she was inconsistent.
-in 2005, she told the police she did not know why the man hit her.
-in 2008, she told the Asylum Officer she did know: "the man hit me because of my ethnic group."
So, ask yourself this question: how many times have I told my story? Who did I tell my story to? What did I say, each time I told my story? Was I consistent, or inconsistent?
=
What is a "contemporaneously-created" document?
-it is a document created at the same time as the event. For example, Mr. B was hit on the head in June 2008; he went to the doctor the same day; the doctor wrote a report dated June 2008. The doctor's report is "contemporaneous" with the event.
-if mother writes a letter in September 2010 about the June 2008, it is not contemporaneous. Mother's letter has value; however, not as much value as the document written in 2008.
-in 2005, she told the police she did not know why the man hit her.
-in 2008, she told the Asylum Officer she did know: "the man hit me because of my ethnic group."
So, ask yourself this question: how many times have I told my story? Who did I tell my story to? What did I say, each time I told my story? Was I consistent, or inconsistent?
=
What is a "contemporaneously-created" document?
-it is a document created at the same time as the event. For example, Mr. B was hit on the head in June 2008; he went to the doctor the same day; the doctor wrote a report dated June 2008. The doctor's report is "contemporaneous" with the event.
-if mother writes a letter in September 2010 about the June 2008, it is not contemporaneous. Mother's letter has value; however, not as much value as the document written in 2008.
Tuesday, August 31, 2010
Burmese applicant #4
Questions from the government lawyer, to the pro-democracy activist from Burma:
Why did you protest in front of the Embassy? isn't it dangerous to protest?
you willingly put your family into danger?
Your government gave you a passport? they put stamps into it?
You flew from Rangoon to Bangkok? why not apply for asylum in Bangkok?
Then you flew to Narita airport, in Japan? why not apply for asylum in Japan?
What was your intent as you left your country? did you have a clear intent, or were you just confused and nervous?
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You went to the US Embassy and asked for a visa?
what questions did they ask, and how did you answer? did you lie?
You told lies to the US official? why?
Why didn't your wife ask for a visa at the same time?
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your father came to the USA, and then he returned home? he voluntarily returned to the country that you say is so dangerous? and, after his return, did he have any problems? so the country is not dangerous? if your father had no problems, why would you?
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You say your government took your photograph while you were standing on the sidewalk in front of the Embassy. How would government know the guy in the baseball hat is you?
Does your government have spies and informants in the crowd?
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what did you tell your wife about your plans? what was her response?
what did you tell your brother? what was his response?
your brother lives here in the USA and he refuses to help you? it is OK with him if you get sent back to the "dangerous" country? so, according to your brother, it is not really a dangerous country?
You had problems in the city of Monywa? OK, so, why not go live in the city of Rangoon? would you be safe in some other city?
Why did you protest in front of the Embassy? isn't it dangerous to protest?
you willingly put your family into danger?
Your government gave you a passport? they put stamps into it?
You flew from Rangoon to Bangkok? why not apply for asylum in Bangkok?
Then you flew to Narita airport, in Japan? why not apply for asylum in Japan?
What was your intent as you left your country? did you have a clear intent, or were you just confused and nervous?
=
You went to the US Embassy and asked for a visa?
what questions did they ask, and how did you answer? did you lie?
You told lies to the US official? why?
Why didn't your wife ask for a visa at the same time?
=
your father came to the USA, and then he returned home? he voluntarily returned to the country that you say is so dangerous? and, after his return, did he have any problems? so the country is not dangerous? if your father had no problems, why would you?
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You say your government took your photograph while you were standing on the sidewalk in front of the Embassy. How would government know the guy in the baseball hat is you?
Does your government have spies and informants in the crowd?
=
what did you tell your wife about your plans? what was her response?
what did you tell your brother? what was his response?
your brother lives here in the USA and he refuses to help you? it is OK with him if you get sent back to the "dangerous" country? so, according to your brother, it is not really a dangerous country?
You had problems in the city of Monywa? OK, so, why not go live in the city of Rangoon? would you be safe in some other city?
Burmese Applicant #3
You say you were in prison until January 2009? but you only left your country in December? why the big delay? why not flee immediately?
What was your intent as you left your country? did you plan to apply for asylum? did you have lots of information about the USA, and what the rules were? or, did you just have a small amount of info?
If you only had a small amount of info, were you confused, and you did not really have a plan?
Tell my all about your passport: when was it issued? was it difficult to get? did you have to pay a bribe to get it?
Did you re-new your passport? The government was happy to help you out, and re-new it?
You showed your passport to the officials at the airport, as you left your country? No one arrested you at the airport? why not?
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What would happen to you if you return to your country? why would you be arrested?
If you were not arrested at the airport, would you continue your oppostional political activies? would you join anti-government groups? would you protest in your country?
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Were you a member of any organization in Burma? did you hold an office? were you a prominent member, or just an ordinary person who sat on a chair, in silence, during meetings?
What did you do as a member of that organization? did you sit at a desk and make phone calls? stand on the street and pass out literature? ask people to donate money? march and chant slogans on the street? write letters and essays?
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Inside the prison, what did the guard ask you? how did he know you were a member of that organziation?
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What were your political activities in the USA? did you stand on sidewalk with a large poster, in front of your embassy? did you join any groups? did you hold a leadership position?
Does your government know what you did in USA? how do you know if they know that?
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You say you protested in front of the Embassy? and that Embassy workers took your photograph?
Why did they take your photo?
You think they send the photo back to your country, and match it with a passport photo, and find out who you are?
Why do you think that? did someone tell you that?
How do you know what they do, or do not do?
do you know the name of one person, who protested in USA, who then returned home, and was arrested?
What was your intent as you left your country? did you plan to apply for asylum? did you have lots of information about the USA, and what the rules were? or, did you just have a small amount of info?
If you only had a small amount of info, were you confused, and you did not really have a plan?
Tell my all about your passport: when was it issued? was it difficult to get? did you have to pay a bribe to get it?
Did you re-new your passport? The government was happy to help you out, and re-new it?
You showed your passport to the officials at the airport, as you left your country? No one arrested you at the airport? why not?
=
What would happen to you if you return to your country? why would you be arrested?
If you were not arrested at the airport, would you continue your oppostional political activies? would you join anti-government groups? would you protest in your country?
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Were you a member of any organization in Burma? did you hold an office? were you a prominent member, or just an ordinary person who sat on a chair, in silence, during meetings?
What did you do as a member of that organization? did you sit at a desk and make phone calls? stand on the street and pass out literature? ask people to donate money? march and chant slogans on the street? write letters and essays?
=
Inside the prison, what did the guard ask you? how did he know you were a member of that organziation?
=
What were your political activities in the USA? did you stand on sidewalk with a large poster, in front of your embassy? did you join any groups? did you hold a leadership position?
Does your government know what you did in USA? how do you know if they know that?
=
You say you protested in front of the Embassy? and that Embassy workers took your photograph?
Why did they take your photo?
You think they send the photo back to your country, and match it with a passport photo, and find out who you are?
Why do you think that? did someone tell you that?
How do you know what they do, or do not do?
do you know the name of one person, who protested in USA, who then returned home, and was arrested?
Burmese applicant #2
More questions asked of a pro-democracy activist from Burma:
When was the first time you were arrested? tell me the month/year/city?
Where were you, at the moment of your arrest?
How long were you detained?
Were you questioned? how many times? 3 x?
during the first questioning period, did you suffer any physical abuse?
what did they hit you with? what weapons did they use?
where did they hit you? on your left leg?
Did you see any blood? where? on your shirt, and on your hands?
Did you suffer any long-lasting injuries?
did you see a doctor for your injuries?
Where is the medical record from the doctor, confirming that you saw the doctor?
How did you get released? what was the conversation at the time of your release?
=
you were released from prison in 2006? did you have any problems with your government in 2007? in 2008?
Did you ever travel outside of your country? when?
Why didn't you apply for asylum in France? why not in Japan?
After living in Japan, you voluntarily returned to Burma?
You say your government hates you, but you voluntarily returned to your country?
Isn't the fact of your return some evidence that your country is not dangerous?
When was the first time you were arrested? tell me the month/year/city?
Where were you, at the moment of your arrest?
How long were you detained?
Were you questioned? how many times? 3 x?
during the first questioning period, did you suffer any physical abuse?
what did they hit you with? what weapons did they use?
where did they hit you? on your left leg?
Did you see any blood? where? on your shirt, and on your hands?
Did you suffer any long-lasting injuries?
did you see a doctor for your injuries?
Where is the medical record from the doctor, confirming that you saw the doctor?
How did you get released? what was the conversation at the time of your release?
=
you were released from prison in 2006? did you have any problems with your government in 2007? in 2008?
Did you ever travel outside of your country? when?
Why didn't you apply for asylum in France? why not in Japan?
After living in Japan, you voluntarily returned to Burma?
You say your government hates you, but you voluntarily returned to your country?
Isn't the fact of your return some evidence that your country is not dangerous?
questions asked of a Burmese applicant
How old are you?
are you married? where is your wife?
children? where are they?
mother and father: where are they?
brothers? where are they? One is in the USA? his status?
sisters: one is in France? her status there?
Has any member of your family had problems with the government? YES?
1. your wife: she had problems? her three biggest problems: tell me the month/year/city for each problem.
2. your youngest daughter: her biggest problems? tell me the month/year/city where she had problems!
3. did anyone else in your family have problems? Cousin Tial? he was in prison for six months in 1998? why was he in prison?
=
Now, tell me more about your self:
your education? did you finish high school? did you go to university?
-what work did you do? did you have a good job, earning lots of money? You did not want to leave your high-paying job, but you felt you had to leave?
Or, were you un-employed, living in poverty, and you just came to USA to earn money?
=
Did you have any problems with your government? What were your three biggest problems?
You were imprisoned three times? tell me the month/year/city
YOUR FIRST ARREST AND IMPRISONMENT
when were you arrested? tell me month/year/city!
Where were you at the moment of your arrest? were you standing on the sidewalk? sitting on a chair inside your house?
Why were you arrested? what did the officer say to you?
are you married? where is your wife?
children? where are they?
mother and father: where are they?
brothers? where are they? One is in the USA? his status?
sisters: one is in France? her status there?
Has any member of your family had problems with the government? YES?
1. your wife: she had problems? her three biggest problems: tell me the month/year/city for each problem.
2. your youngest daughter: her biggest problems? tell me the month/year/city where she had problems!
3. did anyone else in your family have problems? Cousin Tial? he was in prison for six months in 1998? why was he in prison?
=
Now, tell me more about your self:
your education? did you finish high school? did you go to university?
-what work did you do? did you have a good job, earning lots of money? You did not want to leave your high-paying job, but you felt you had to leave?
Or, were you un-employed, living in poverty, and you just came to USA to earn money?
=
Did you have any problems with your government? What were your three biggest problems?
You were imprisoned three times? tell me the month/year/city
YOUR FIRST ARREST AND IMPRISONMENT
when were you arrested? tell me month/year/city!
Where were you at the moment of your arrest? were you standing on the sidewalk? sitting on a chair inside your house?
Why were you arrested? what did the officer say to you?
Saturday, August 28, 2010
Saturday, August 14, 2010
questions asked of a Christian from Burma
How did you get out of your country? did you leave thru the airport using your own passport, with your photo in it?
Did you pay a bribe to the official at the airport? how much? how did you pay him? put cash in an envelope?
=
At the US Embassy, did you tell them your problems? why not/
Did you tell lies to get your visa? what questions did they ask you, and how did you answer?
=
You say you were arrested in 2009? did you have any problems before that? everything was happy and great? did you suffer any employment discrimination? did anyone threaten you?
Why did you teach in the church?
Where were you, at the moment of your arrest? standing inside the church? sitting at a cafe drinking coffee? who else was there?
How long had you been teaching that day, before your arrest?
What was your father doing at that time? your mother?
When you later saw your sister, what thoughts went through your mind?
=
You say that when you protested in front of the Embassy in Washington DC, a man inside the Embassy took your photograph? how do you know? why did he do that?
You think he sends the photo back to Burma, to compare it to your passport photo, and that way they can identify you?
Why do you think that?
did an official at the Embassy tell you that/
Who is Mr. Htut? did you work at the Burmese Embassy until the year 2005? was his story in the Washington Post? did he tell the newspaper that while he was in WAshington, he spent most of his time doing surveillance of Burmese exiles?
-Did Mr. Nyi Nyi Aung protest in USA, return to Burma, and then get arrested in 2009?
What is the VOA? what is the DVB? where do they broadcast their videos?
Did you pay a bribe to the official at the airport? how much? how did you pay him? put cash in an envelope?
=
At the US Embassy, did you tell them your problems? why not/
Did you tell lies to get your visa? what questions did they ask you, and how did you answer?
=
You say you were arrested in 2009? did you have any problems before that? everything was happy and great? did you suffer any employment discrimination? did anyone threaten you?
Why did you teach in the church?
Where were you, at the moment of your arrest? standing inside the church? sitting at a cafe drinking coffee? who else was there?
How long had you been teaching that day, before your arrest?
What was your father doing at that time? your mother?
When you later saw your sister, what thoughts went through your mind?
=
You say that when you protested in front of the Embassy in Washington DC, a man inside the Embassy took your photograph? how do you know? why did he do that?
You think he sends the photo back to Burma, to compare it to your passport photo, and that way they can identify you?
Why do you think that?
did an official at the Embassy tell you that/
Who is Mr. Htut? did you work at the Burmese Embassy until the year 2005? was his story in the Washington Post? did he tell the newspaper that while he was in WAshington, he spent most of his time doing surveillance of Burmese exiles?
-Did Mr. Nyi Nyi Aung protest in USA, return to Burma, and then get arrested in 2009?
What is the VOA? what is the DVB? where do they broadcast their videos?
questions asked of a witness in court
You say that Mary was arrested because of her religious activities?
did you see her doing religious activities?
When did she start teaching religion?
how do you know that?
where was she arrested?
How do you know that?
who else was there at the time of arrest?
why was she arrested?
What did you do?
did you travel somewhere? did you talk to someone? did you write a letter?
where did Mary go after she was released from prison?
how do you know that?
why did she go there? how do you know?
did the police ever talk to you? when?
Did you help mary leave the country? what did you do?
Did you read your own Declaration before today? are you surprised that I am holding it in my hand, and seeing if you can repeat it/
did you see her doing religious activities?
When did she start teaching religion?
how do you know that?
where was she arrested?
How do you know that?
who else was there at the time of arrest?
why was she arrested?
What did you do?
did you travel somewhere? did you talk to someone? did you write a letter?
where did Mary go after she was released from prison?
how do you know that?
why did she go there? how do you know?
did the police ever talk to you? when?
Did you help mary leave the country? what did you do?
Did you read your own Declaration before today? are you surprised that I am holding it in my hand, and seeing if you can repeat it/
Wednesday, August 11, 2010
pro-American from Iraq
The Asylum officer asked these questions of the wife of a high-ranking Army officer:
1. can you repeat your answers to page One of Form I-589? i.e. when did you last leave your country? when did you last enter USA? what is your tribal or ethnic group?
2. are there errors on page 4 of Form I-589? why is that?
3. if there are errors and confusions on page One and on page 4, then the Asylum Officer will get tired and bored with your case, before you get to the good parts?
So, you should try really hard to make page 1 and 4 perfect?
4. after your application was prepared,did someone read it back to you, in your language?
=
5. You say your husband was helping the US Army? how did the people in your neighborhood find out about that?
6. You lived on 42nd Street? does everyone on that street know what everyone else is doing? it is like a "small town" here in USA?
7. you say your husband went to the city of Kirkuk? how did the people in your neighborhood find out about that?
8. what is your religion? how did people find out that was your religion?
9. are some names obviously "Sunni"? if X is his name, then most likely he is a Sunni?
10. are some names obviously Shia? like what?
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11. you were born in Iraq, and now you live in USA? what other countries have you traveled to, and can you live there now? why didn't you apply for asylum at the other countries?
12. in June 2008, in Baghdad, the man wearing a scarf over his face, hit you? why?
did you go to hospital? where are the hospital records? did you even try to get the hospital records?
13. what did the man say? what else did he say?
14. you say it happened in June? but does your Declaration say it was in July?
you were too busy to read your own declaration?
15. where is the original of the police report? how did you get this copy? thru a computer? through the mail? where is the envelope? who sent it to you?
16. when did you talk to the police? what did they say to you?
17. when was your visa issued by the US Embassy?
18. what would happen if you return to Iraq?
19. you say Baghdad is dangerous; OK, so why don't you go live in another city? aren't there many cities and many areas where it is safe?
20. is there anything else? what?
21. OK, is there anything else? what is your favorite exhibit?
1. can you repeat your answers to page One of Form I-589? i.e. when did you last leave your country? when did you last enter USA? what is your tribal or ethnic group?
2. are there errors on page 4 of Form I-589? why is that?
3. if there are errors and confusions on page One and on page 4, then the Asylum Officer will get tired and bored with your case, before you get to the good parts?
So, you should try really hard to make page 1 and 4 perfect?
4. after your application was prepared,did someone read it back to you, in your language?
=
5. You say your husband was helping the US Army? how did the people in your neighborhood find out about that?
6. You lived on 42nd Street? does everyone on that street know what everyone else is doing? it is like a "small town" here in USA?
7. you say your husband went to the city of Kirkuk? how did the people in your neighborhood find out about that?
8. what is your religion? how did people find out that was your religion?
9. are some names obviously "Sunni"? if X is his name, then most likely he is a Sunni?
10. are some names obviously Shia? like what?
=
11. you were born in Iraq, and now you live in USA? what other countries have you traveled to, and can you live there now? why didn't you apply for asylum at the other countries?
12. in June 2008, in Baghdad, the man wearing a scarf over his face, hit you? why?
did you go to hospital? where are the hospital records? did you even try to get the hospital records?
13. what did the man say? what else did he say?
14. you say it happened in June? but does your Declaration say it was in July?
you were too busy to read your own declaration?
15. where is the original of the police report? how did you get this copy? thru a computer? through the mail? where is the envelope? who sent it to you?
16. when did you talk to the police? what did they say to you?
17. when was your visa issued by the US Embassy?
18. what would happen if you return to Iraq?
19. you say Baghdad is dangerous; OK, so why don't you go live in another city? aren't there many cities and many areas where it is safe?
20. is there anything else? what?
21. OK, is there anything else? what is your favorite exhibit?
Monday, August 9, 2010
how much English do you really understand?
1. "torture" is an English word. Do you think it means "beatings"?
if so, then if you were hung by your wrists from a hook, you were not "tortured"?
2. "stick" is an English word. Is it the same as "club"?
3. what does "house" mean? "building"? "church"
4. sometimes, you are not sure what the answer is, but, you do not want to ask for clarification, so you guess at the answer? [David did this when he went to England in 1970, and when he could not fully understand the people in London as they spoke English with heavy accents]
if so, then if you were hung by your wrists from a hook, you were not "tortured"?
2. "stick" is an English word. Is it the same as "club"?
3. what does "house" mean? "building"? "church"
4. sometimes, you are not sure what the answer is, but, you do not want to ask for clarification, so you guess at the answer? [David did this when he went to England in 1970, and when he could not fully understand the people in London as they spoke English with heavy accents]
culture and demeanor
A lady from Sierra Leone made eye contact with the counselor, until she started to talk about being raped. Then she looked down.
Is it wrong to "stare" at an authority figure while sharing something intimate?
What does an American judge think?
A lady, from a high social class, from the Congo was beaten and raped in her country, but in court she did not cry and she showed no emotion. Is it "shameful and not proper" for a woman of her social class to cry in court?
What would an American judge think?
How many words are in the Kinya-rwandan language? 100,000? how many words are in the English language?
are there some words in English which do not exist in your language?
are there some words in your language which do not exist in English?
in the Greek language, are there four different words for "love"?
do the Eskimos have 17 words for "snow"?
Is it wrong to "stare" at an authority figure while sharing something intimate?
What does an American judge think?
A lady, from a high social class, from the Congo was beaten and raped in her country, but in court she did not cry and she showed no emotion. Is it "shameful and not proper" for a woman of her social class to cry in court?
What would an American judge think?
How many words are in the Kinya-rwandan language? 100,000? how many words are in the English language?
are there some words in English which do not exist in your language?
are there some words in your language which do not exist in English?
in the Greek language, are there four different words for "love"?
do the Eskimos have 17 words for "snow"?
different kinds of deprivation
1. being deprived of food and water; forced to eat something that is not food
2. deprived of light; sounds; sleep; no human contact; no visitors; no phone calls or mail
3. deprived of information: I sit in a dark room. I do not know for how much longer. Will I be killed? does my family know where I am? do they think I am dead?
4. deprived of hygiene: no soap or water, no showers, no change of clothes
5. deprived of medical care
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6. too much stimulation:
lights are never turned off; loud continuous noise
2. deprived of light; sounds; sleep; no human contact; no visitors; no phone calls or mail
3. deprived of information: I sit in a dark room. I do not know for how much longer. Will I be killed? does my family know where I am? do they think I am dead?
4. deprived of hygiene: no soap or water, no showers, no change of clothes
5. deprived of medical care
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6. too much stimulation:
lights are never turned off; loud continuous noise
how to interview a person
Ask the person:
1] what aspects of your culture are most important to you?
2] are there aspects of your culture that would be important for me, [your counselor] to know about?
3] what things in life are important to you?
4] what criteria do you use, to determine if you are "successful"?
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5] concerning me, your counselor, are there aspects of my identity or culture that are important to you? what are they? [such as, "you write words with your left hand."]
6] are there behaviours on my part that you view negatively?
1] what aspects of your culture are most important to you?
2] are there aspects of your culture that would be important for me, [your counselor] to know about?
3] what things in life are important to you?
4] what criteria do you use, to determine if you are "successful"?
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5] concerning me, your counselor, are there aspects of my identity or culture that are important to you? what are they? [such as, "you write words with your left hand."]
6] are there behaviours on my part that you view negatively?
Thursday, July 22, 2010
after the trauma, were you depressed?
A social worker wrote these comments about Ms. R, who was beaten and raped:
-Ms. R told me that she was depressed, that she had nightmares, and that she no longer had pleasure in ordinary activities. She used to like watching birds; but now she sees the birds and does not care about them.
-she told me she "feels ashamed" about being raped.
- she remembers the bad smells inside her jail cell.
-she told me she has lost her appetite, and she has lost weight
-she only sleeps 3 hours at a time
-she is easily startled: she hears a car door slam, and she jumps.
-she is feeling a little better, as time goes on.
-she does not really want to talk about being raped.
-Ms. R told me that she was depressed, that she had nightmares, and that she no longer had pleasure in ordinary activities. She used to like watching birds; but now she sees the birds and does not care about them.
-she told me she "feels ashamed" about being raped.
- she remembers the bad smells inside her jail cell.
-she told me she has lost her appetite, and she has lost weight
-she only sleeps 3 hours at a time
-she is easily startled: she hears a car door slam, and she jumps.
-she is feeling a little better, as time goes on.
-she does not really want to talk about being raped.
Tuesday, July 20, 2010
if deported, what would you do back in your country?
Ms. Ahmed, from Pakistan, was denied asylum. She testified that she did not want to wear a veil, she did not want to pray five times per day, and she did not want to stay indoors unless accompanied by a man. However, she also testified that, because she would have no choice, she would in fact wear a veil, pray 5x; and stay indoors.
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She did NOT testify that: "I have now lived in USA for a long time. I am a changed person. I have profound opposition to the stupid rules in my country. It is abhorrent to me to have to do those things. So, I will not. Let them put me in prison, and let them beat me. I do not care. I will not wear a veil, pray 5x; or stay indoors. I will not.
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She did NOT testify that: "I have now lived in USA for a long time. I am a changed person. I have profound opposition to the stupid rules in my country. It is abhorrent to me to have to do those things. So, I will not. Let them put me in prison, and let them beat me. I do not care. I will not wear a veil, pray 5x; or stay indoors. I will not.
Wednesday, July 14, 2010
not famous or conspicuous enough!
Hua Lan An was denied asylum, even though she protested often in front of the Chinese Consulate government building.
The Judge said: 1] "she was not identifiable in any of the photographs."
2] she did not write any articles which appeared on the internet
3] she did not otherwise make herself identifiable.
The Judge said: 1] "she was not identifiable in any of the photographs."
2] she did not write any articles which appeared on the internet
3] she did not otherwise make herself identifiable.
Monday, July 12, 2010
did you suffer any emotional or economic harm?
Mr. Alberto Aragon was denied asylum, even though he was detained and threatened three times.
The judge said there was no physical harm. Mr. Zheng was held for five days in prison; no asylum for him either.
Mr. Aragon did NOT testify he suffered economic harm, such as lost income, fines, inability to earn money. He did NOT testify that he suffered emotional distress when he was surrounded by a group of men with guns. He did not testify as to what thoughts went through his mind at the time. He did not suffer from nightmares, flashbacks, or eating disorders.
The judge said there was no physical harm. Mr. Zheng was held for five days in prison; no asylum for him either.
Mr. Aragon did NOT testify he suffered economic harm, such as lost income, fines, inability to earn money. He did NOT testify that he suffered emotional distress when he was surrounded by a group of men with guns. He did not testify as to what thoughts went through his mind at the time. He did not suffer from nightmares, flashbacks, or eating disorders.
Friday, July 9, 2010
Auxiliadora Martinez granted asylum due to emotion
Ms. Martinez, from Nicaragua, was granted asylum in 2009. She testified not only about the facts of how the bad guys hit her, but also about her emotions: she testified as to the thoughts that went through her mind; and when she testified, her voice quivered.
She said that she saw two strange men. One of them said, "Let's kill her."
"The first thing that went through my mind was my family. I felt that I was never going to see them again." The two men dragged her toward a forest. She "had a vision of her lifeless body being dumped just yards away."
A witness said that when Ms. Marinez spoke, her voice "quivered."
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We can learn two rules from this story.
#1: The applicant should state what thoughts went through her mind at the time of the event. [WTWTYM] [What Thoughts Went Through Your Mind].
#2: The friend who writes a letter of corroboration should state what he saw and what he heard. For example, "when she told me her story, I noticed that her voice quivered."
She said that she saw two strange men. One of them said, "Let's kill her."
"The first thing that went through my mind was my family. I felt that I was never going to see them again." The two men dragged her toward a forest. She "had a vision of her lifeless body being dumped just yards away."
A witness said that when Ms. Marinez spoke, her voice "quivered."
=
We can learn two rules from this story.
#1: The applicant should state what thoughts went through her mind at the time of the event. [WTWTYM] [What Thoughts Went Through Your Mind].
#2: The friend who writes a letter of corroboration should state what he saw and what he heard. For example, "when she told me her story, I noticed that her voice quivered."
Tuesday, July 6, 2010
activist from Rwanda
The Asylum Officer asked: what did your father do for a living?
where is your brother right now?
Tell me about each member of your family: where are they right now, what are they doing; why aren't they being harassed by the government?
Why did you join that political group?
What are the rules for membership? can anyone join?
What is the platform of that group?
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Were you ever detained in your country?
At the time of your arrest, what were you doing, and where were you? For example, you were walking on the street, you were sitting inside a restaurant, or what?
How long were you detained? how many days or hours?
How did the officers beat you? what weapons did they use? where did they hit you?
Did you see any blood? where? where else?
Do you have any permanent injuries from the beating?
how do you sleep at night?
what would happen if you return to your country?
why would you be arrested?
Hasn't your government forgotten about you?
Are you famous? are you notorious? why do you think your government knows anything at all about you?
Is there anything else?
where is your brother right now?
Tell me about each member of your family: where are they right now, what are they doing; why aren't they being harassed by the government?
Why did you join that political group?
What are the rules for membership? can anyone join?
What is the platform of that group?
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Were you ever detained in your country?
At the time of your arrest, what were you doing, and where were you? For example, you were walking on the street, you were sitting inside a restaurant, or what?
How long were you detained? how many days or hours?
How did the officers beat you? what weapons did they use? where did they hit you?
Did you see any blood? where? where else?
Do you have any permanent injuries from the beating?
how do you sleep at night?
what would happen if you return to your country?
why would you be arrested?
Hasn't your government forgotten about you?
Are you famous? are you notorious? why do you think your government knows anything at all about you?
Is there anything else?
Friday, June 25, 2010
Falun Gong member loses
The !!th Circuit said a Falun Gong member, from China, should be deported, because:
1. he was not a core leader
2. there was no evidence the Chinese Government knew that he was a Falun Gong member while in the USA
3. he did not claim that, if he returned to China, that he would : a] practice Falun Gong publicly, or b] avow openly hhis Falun Gong affiliation
1. he was not a core leader
2. there was no evidence the Chinese Government knew that he was a Falun Gong member while in the USA
3. he did not claim that, if he returned to China, that he would : a] practice Falun Gong publicly, or b] avow openly hhis Falun Gong affiliation
Thursday, June 17, 2010
be active here in the USA!
the Asylum Officer in Newark, NJ asked the victim of FGM these questions:
1] did you join any groups here in the USA?
2] did you join an anti-FGM group? why not? you say you could not find one?
3] why didn't you start one, by yourself?
the applicant could not answer any of these questions.
The applicant was denied. No asylum for her.
1] did you join any groups here in the USA?
2] did you join an anti-FGM group? why not? you say you could not find one?
3] why didn't you start one, by yourself?
the applicant could not answer any of these questions.
The applicant was denied. No asylum for her.
Monday, June 14, 2010
Ethiopia #2
The Asylum Officer also asked:
-is there anything else?
-if you return to your country today, what would happen? why?
When did you protest the first time in the USA? where? how many people were there?
what views did you express? did anyone notice?
did anyone from your government notice you? how do you know? how would they know your name?
How would your government have your photo? it is on your passport, and I.D. Card? they could compare photos of each protestor with photos of people they know are in the USA?
-in your two-page Declaration, there is nothing about paying bribes, correct? why isn't that detail in the Declaration?
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after you left your country, did your husband have any problems? when?
When did the police talk to him the first time?
how many different times did they talk to him?
what did they ask?
-how did husband answer, and then what did they ask?
did your husband share any emotions with you? is he angry? depressed? discouraged? anxious?
Is there anything else? really? what?
Is there anything else?
how many people did you ask, to write letters of support for you?
of those people, how many actually did write letters?
-did you ask anyone twice to write a letter? what did your friend say, when you asked?
-is there anything else?
-if you return to your country today, what would happen? why?
When did you protest the first time in the USA? where? how many people were there?
what views did you express? did anyone notice?
did anyone from your government notice you? how do you know? how would they know your name?
How would your government have your photo? it is on your passport, and I.D. Card? they could compare photos of each protestor with photos of people they know are in the USA?
-in your two-page Declaration, there is nothing about paying bribes, correct? why isn't that detail in the Declaration?
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after you left your country, did your husband have any problems? when?
When did the police talk to him the first time?
how many different times did they talk to him?
what did they ask?
-how did husband answer, and then what did they ask?
did your husband share any emotions with you? is he angry? depressed? discouraged? anxious?
Is there anything else? really? what?
Is there anything else?
how many people did you ask, to write letters of support for you?
of those people, how many actually did write letters?
-did you ask anyone twice to write a letter? what did your friend say, when you asked?
activist from Ethiopia
The Asylum Officer asked these questions, of the pro-democracy activist from Ethiopia:
-what is the date of birth of your husband? what was the date of your marriage?
who helped you prepare this application?
-why are you applying for asylum?
why do you fear your government?
Why were you arrested?
where were you, at the moment of your arrest? what time was it?
what were you doing at the moment of your arrest?
then what happened?
what questions did he ask you?
what did he hit you with?
tell me about all weapons, and all words, from the guard!
what language did he speak? what accent? where was he from?
-did he show any emotions? did he get angry? was he bored?
-why did you go to the hospital?
what did the doctor say to you? what did the nurse say to you?
did they give you any medicine?
did you have any visitors at the hospital? did one of them write a letter of support for you?
-How many times were you interrogated? were you hit each time, or just some of the times?
What did they ask you? how did the guard feel about your answers? did he show any emotions? was he listening to your answers? did some of your answers really make him mad?
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did you join a political party in your country? why? when did you join?
what did you do? you sat in a chair in a room, and listened while other people talked? did you DO anything? distribute pamphlets? sell items to raise money? ask people to attend rallies and meetings? ask people to give money?
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what is your political opinion?
did you do anything here in the USA?
why did you join that group?
how many protests did you attend? where were they? what happened at the first protest? where did you stand? did you hold something, like a large sign?
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why didn't you flee sooner from your country? you were released from prison in 2007, but you did not leave your country until 2009? why the delay? was it hard to get a visa? hard to save money for airplane ticket? how did you get out of your country? your government hates you, but it gave you a passport, and let you leave from the airport?
-how much of a bribe did you pay at the airport? 5,000 birr? who did you pay it to?
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-what is the date of birth of your husband? what was the date of your marriage?
who helped you prepare this application?
-why are you applying for asylum?
why do you fear your government?
Why were you arrested?
where were you, at the moment of your arrest? what time was it?
what were you doing at the moment of your arrest?
then what happened?
what questions did he ask you?
what did he hit you with?
tell me about all weapons, and all words, from the guard!
what language did he speak? what accent? where was he from?
-did he show any emotions? did he get angry? was he bored?
-why did you go to the hospital?
what did the doctor say to you? what did the nurse say to you?
did they give you any medicine?
did you have any visitors at the hospital? did one of them write a letter of support for you?
-How many times were you interrogated? were you hit each time, or just some of the times?
What did they ask you? how did the guard feel about your answers? did he show any emotions? was he listening to your answers? did some of your answers really make him mad?
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did you join a political party in your country? why? when did you join?
what did you do? you sat in a chair in a room, and listened while other people talked? did you DO anything? distribute pamphlets? sell items to raise money? ask people to attend rallies and meetings? ask people to give money?
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what is your political opinion?
did you do anything here in the USA?
why did you join that group?
how many protests did you attend? where were they? what happened at the first protest? where did you stand? did you hold something, like a large sign?
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why didn't you flee sooner from your country? you were released from prison in 2007, but you did not leave your country until 2009? why the delay? was it hard to get a visa? hard to save money for airplane ticket? how did you get out of your country? your government hates you, but it gave you a passport, and let you leave from the airport?
-how much of a bribe did you pay at the airport? 5,000 birr? who did you pay it to?
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Thursday, June 3, 2010
man frm burma denied asylum
The IJ denied asylum to Mr. Thu, from Burma, because he was inconsistent and because he did not know what was inside his own passport.
1. he said he was a member of the "Rakhine" ethnic group, but his I.D. card said, " Bamar."
2. he said he was not a member of a student political group, but his I-589 said that he was.
3. he said he was in prison for the 12 months of 1997, but his passport had a stamp in it, stating that he traveled in September 1997.
4. he said his government hated him, but his government issued him a passport, and also extended it.
5. he said he had very strong political opinions; but he only joined an oppositional party in the USA after two years of arrival.
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What should the smart asylum applicant do?
1. read your own passport; read your own documents.
2. keep your story short, simple, and clear, so that you can repeat it later, so your mother can write a letter of support that is consistent with your history.
3. The more details you write down, the more details you must remember. Do you want your Judge to think: "what kind of moron would say one thing, and then voluntarily give me documents that say the opposite? what kind of moron would do that?"
6. if you have strong political opinions, then act on them! Be active! become famous, notorious, and conspicuous!
1. he said he was a member of the "Rakhine" ethnic group, but his I.D. card said, " Bamar."
2. he said he was not a member of a student political group, but his I-589 said that he was.
3. he said he was in prison for the 12 months of 1997, but his passport had a stamp in it, stating that he traveled in September 1997.
4. he said his government hated him, but his government issued him a passport, and also extended it.
5. he said he had very strong political opinions; but he only joined an oppositional party in the USA after two years of arrival.
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What should the smart asylum applicant do?
1. read your own passport; read your own documents.
2. keep your story short, simple, and clear, so that you can repeat it later, so your mother can write a letter of support that is consistent with your history.
3. The more details you write down, the more details you must remember. Do you want your Judge to think: "what kind of moron would say one thing, and then voluntarily give me documents that say the opposite? what kind of moron would do that?"
6. if you have strong political opinions, then act on them! Be active! become famous, notorious, and conspicuous!
Wednesday, May 26, 2010
Cameroon: pro-democracy activist #4
The government lawyer asked:
-for witness #1, what is his immigration status, and what is his A#?
Where are the medical records? where are they?
why not apply for asylum earlier?
did you join any organization in USA? why did you join?
I see from the card, you joined in 1999. Weren't you in Germany then?
What did the police ask you? what weapons? what language did they use?
what was the worst day in prison?
why did you join the SCNC?
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can you describe injuries with particularity?
-blood in mouth? swollen left leg? headache?
-for witness #1, what is his immigration status, and what is his A#?
Where are the medical records? where are they?
why not apply for asylum earlier?
did you join any organization in USA? why did you join?
I see from the card, you joined in 1999. Weren't you in Germany then?
What did the police ask you? what weapons? what language did they use?
what was the worst day in prison?
why did you join the SCNC?
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can you describe injuries with particularity?
-blood in mouth? swollen left leg? headache?
activist from Cameroon #3
The government lawyer asked:
Why did the police raid your office?
what did the police say? what words did you hear? what language were they speaking?
How did you get released from prison? sister paid a bribe? how much?
Did you have any problems at the airport? your sister paid a bribe at the airport? how much did she pay?
Why did you join the SCNC?
what are the goals of the SCNC?=
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You say you were in prison in January 2009? who else was inside? did they write a letter of support for you? did anyone visit you, inside? did they write a letter of support for you? why not? did you even ask them to? why not?
You say you were in the hospital? who was inside the hospital? did they write a letter of support for you? why not? where are the hospital records?
Did you see a doctor here in the USA for your injuries, which you say are very big? why not, if you are really suffering?
Why did the police raid your office?
what did the police say? what words did you hear? what language were they speaking?
How did you get released from prison? sister paid a bribe? how much?
Did you have any problems at the airport? your sister paid a bribe at the airport? how much did she pay?
Why did you join the SCNC?
what are the goals of the SCNC?=
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You say you were in prison in January 2009? who else was inside? did they write a letter of support for you? did anyone visit you, inside? did they write a letter of support for you? why not? did you even ask them to? why not?
You say you were in the hospital? who was inside the hospital? did they write a letter of support for you? why not? where are the hospital records?
Did you see a doctor here in the USA for your injuries, which you say are very big? why not, if you are really suffering?
pro-democracy activist from Cameroon #2
The Judge asked:
-you were arrested in Jan 2009 and also in December 2009? did you have any problems in between January and February? you suffered from surveillance and could not get good job?
-when did you last leave your country?
tell me about all of your international travel! tell me about each country you visited. You went to Germany? why not apply for asylum there?
You went to Peru? why not seek asylum there?
Why didn't you apply for asylum sooner than you did?
Why did you leave your country?
why did you come to the USA?
What were your political activities here in the USA?
what did you do? what would a movie camera record? 1] you sat in a chair at meeting? 2] you stood with a sign in front of your embassy?
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After your arrest, while you were inside prison, what did they ask you? what did they say to you?
Where were you at the time of your arrest? who saw you get arrested? did that person write a letter of support for you? why not?
Which was the worst beating you received?
-you were arrested in Jan 2009 and also in December 2009? did you have any problems in between January and February? you suffered from surveillance and could not get good job?
-when did you last leave your country?
tell me about all of your international travel! tell me about each country you visited. You went to Germany? why not apply for asylum there?
You went to Peru? why not seek asylum there?
Why didn't you apply for asylum sooner than you did?
Why did you leave your country?
why did you come to the USA?
What were your political activities here in the USA?
what did you do? what would a movie camera record? 1] you sat in a chair at meeting? 2] you stood with a sign in front of your embassy?
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After your arrest, while you were inside prison, what did they ask you? what did they say to you?
Where were you at the time of your arrest? who saw you get arrested? did that person write a letter of support for you? why not?
Which was the worst beating you received?
Cameroon: pro-democracy activist
the Immigration Judge asked:
-tell my about your brother: he lives in Cameroon, and did he have any problems with the government? Why?
-tell me about your sister: she lives in Cameroon, did she have any problems with the government?
why didn't she? was it because she was not a member of the oppostion party?
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What problems did you have with your government? you were arrested two times?
-tell me about Arrest #1: tell me the month/year/city.
Where were you, at the moment of your arrest? where did they take you?
How long did they hold you? for five days?
During the five days, how many interrogations? you were interrogated six times?
During the interrogations, did you suffer any physical abuse?
During how many of the interrogations did you suffer physical abuse?
maybe 3 out of 6 times? so, not every time?
what harm did you suffer? harm to your mouth, left arm, and right foot?
Was anyone inside the prison that you knew? did those people write a letter of support for you? why not? did you ask them? you do not know their address?
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How did you get released? did someone pay a bribe?
did you seek medical attention? you did see a doctor? did he write a report? did you try to get a copy of that report? did you ask your mother to go get a copy? what did she tell you?
-tell my about your brother: he lives in Cameroon, and did he have any problems with the government? Why?
-tell me about your sister: she lives in Cameroon, did she have any problems with the government?
why didn't she? was it because she was not a member of the oppostion party?
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What problems did you have with your government? you were arrested two times?
-tell me about Arrest #1: tell me the month/year/city.
Where were you, at the moment of your arrest? where did they take you?
How long did they hold you? for five days?
During the five days, how many interrogations? you were interrogated six times?
During the interrogations, did you suffer any physical abuse?
During how many of the interrogations did you suffer physical abuse?
maybe 3 out of 6 times? so, not every time?
what harm did you suffer? harm to your mouth, left arm, and right foot?
Was anyone inside the prison that you knew? did those people write a letter of support for you? why not? did you ask them? you do not know their address?
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How did you get released? did someone pay a bribe?
did you seek medical attention? you did see a doctor? did he write a report? did you try to get a copy of that report? did you ask your mother to go get a copy? what did she tell you?
Friday, May 21, 2010
pro-Western Sunni from Iraq
The Asylum Officer wanted to know:
Why did you leave your country?
who threatened you? why?
how did they threaten you?
after you left Sector #1, where did you go?
what were you afraid of?
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what did the bad guys say? what weapons did they have?
they said, "Kaifr"? They said "mushrek"?
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did other family members get harmed? how? why?
were you ever threatened while living on Furty Street?
were you ever threatened while living on 37th Street?
why does the government hate you?
Tell me about all of your international travel!
Is there anything else?
Why did you leave your country?
who threatened you? why?
how did they threaten you?
after you left Sector #1, where did you go?
what were you afraid of?
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what did the bad guys say? what weapons did they have?
they said, "Kaifr"? They said "mushrek"?
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did other family members get harmed? how? why?
were you ever threatened while living on Furty Street?
were you ever threatened while living on 37th Street?
why does the government hate you?
Tell me about all of your international travel!
Is there anything else?
Tuesday, May 4, 2010
activist from Sierra Leone
The Asylum Officer wanted to know:
-what does your passport say!
tell me all of your international travel; where did you go, stay how long; why didn't you apply for asylum in the U.K., why not in France, why not in Belgium?
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why did you come to the USA? were you planning to apply for asylum before you arrived?
Why do you want asylum?
who do you fear?
why do your fear your government?
if you return to your country, what would happen?
why do they want to harm you?
How were you threatened? what words did the bad guys say?
when the bad guys came, how were they dressed? did they have weapons? what kinds of weapons? what did they say?
What WEAPONS and what WORDS?
who was at home at the time the bad guys arrived?
When they hit you, where was your husband?
when they hit you, what words did they say?
Did you report this to the police? what did the police say? did the police do any investigation, such as interview witnesses? talk to you again?
Are there other, similarly-situated persons who suffered as you did? how? when?
Why did they attack you? how do you know what they were thinking?
They did rob you of money? so, their motive was money? they were ordinary criminals?
Did your mother have problems because of you?
Why didn't you seek asylum in France when you were there?
In the last two months, what has happened in your country?
in the last two months, what did husband tell you?
If you return to your country, what would happen at the airport?
You have problems in City #1? OK, so go live in city #2, or city #3. why not do that?
Is there anything else? Yes. What?
Very interesting. Is there anything else?
-what does your passport say!
tell me all of your international travel; where did you go, stay how long; why didn't you apply for asylum in the U.K., why not in France, why not in Belgium?
=
why did you come to the USA? were you planning to apply for asylum before you arrived?
Why do you want asylum?
who do you fear?
why do your fear your government?
if you return to your country, what would happen?
why do they want to harm you?
How were you threatened? what words did the bad guys say?
when the bad guys came, how were they dressed? did they have weapons? what kinds of weapons? what did they say?
What WEAPONS and what WORDS?
who was at home at the time the bad guys arrived?
When they hit you, where was your husband?
when they hit you, what words did they say?
Did you report this to the police? what did the police say? did the police do any investigation, such as interview witnesses? talk to you again?
Are there other, similarly-situated persons who suffered as you did? how? when?
Why did they attack you? how do you know what they were thinking?
They did rob you of money? so, their motive was money? they were ordinary criminals?
Did your mother have problems because of you?
Why didn't you seek asylum in France when you were there?
In the last two months, what has happened in your country?
in the last two months, what did husband tell you?
If you return to your country, what would happen at the airport?
You have problems in City #1? OK, so go live in city #2, or city #3. why not do that?
Is there anything else? Yes. What?
Very interesting. Is there anything else?
Wednesday, April 7, 2010
Mr. Liu, from China, was denied asylum
Mr. Liu told the Judge that his wife had personal knowledge of his activities, that he was active in a democracy group in Hong Kong, and that he was hospitalized in 2003.
The Judge said, "Very interesting. Where is a letter from your wife, a letter from the group in Hong Kong, and records from the hospital?"
Mr. Liu said, 'I do not have any of those things."
Judge: "Did you ask your wife, group, and hospital for letters? Did you try to get them? Did you spend ten minutes and ten dollars trying to get them?"
Liu: "Well, no. I was busy working at my illegal job. I spent time eating, sleeping, and watching televsion. I had more important things to do, than to work on my asylum case."
The Judge said, "You lose. You are ordered deported. You will now have lots of time to eat, sleep, and watch televsion, back in the old country."
The Judge said, "Very interesting. Where is a letter from your wife, a letter from the group in Hong Kong, and records from the hospital?"
Mr. Liu said, 'I do not have any of those things."
Judge: "Did you ask your wife, group, and hospital for letters? Did you try to get them? Did you spend ten minutes and ten dollars trying to get them?"
Liu: "Well, no. I was busy working at my illegal job. I spent time eating, sleeping, and watching televsion. I had more important things to do, than to work on my asylum case."
The Judge said, "You lose. You are ordered deported. You will now have lots of time to eat, sleep, and watch televsion, back in the old country."
Thursday, April 1, 2010
imputed lesbian-activist from Cameroon #2
More questions:
You left your country about 13 months ago? have the authorities been looking for you recently?
How do you know?
Why do the authorities still care about you?
Have the police or anyone talked to your father about you? when? what did they want to know?
You went to Nigeria, and then you came back home? I thought your country was so dangerous; why would you return voluntarily to a "dangerous" country?
You say you had no choice? you had no money to stay in the other country? why couldn't you borrow money from your rich uncle?
You had big problems in the city of Buea? OK, so why not go live in Yaounde? why not go live in Bamenda?
Is there a law in your country that says homosexuality is not legal?
do you know anyone sent to prison for that?
Has the president of your country said anything in public about this?
=
[Comment: this applicant had three scars on her leg, NOT caused by the bad guys. Also, she said she was forced to pay over one half of her paycheck only once, in the year 2006. She could have said, "I had to pay again and again. I had to pay in 2007, 2008, and 2009." But, she did not. Obviously, she did not exaggerate her claim. She did not embellish. She did not lie, when she could have. The Asylum Officer liked that.]
You left your country about 13 months ago? have the authorities been looking for you recently?
How do you know?
Why do the authorities still care about you?
Have the police or anyone talked to your father about you? when? what did they want to know?
You went to Nigeria, and then you came back home? I thought your country was so dangerous; why would you return voluntarily to a "dangerous" country?
You say you had no choice? you had no money to stay in the other country? why couldn't you borrow money from your rich uncle?
You had big problems in the city of Buea? OK, so why not go live in Yaounde? why not go live in Bamenda?
Is there a law in your country that says homosexuality is not legal?
do you know anyone sent to prison for that?
Has the president of your country said anything in public about this?
=
[Comment: this applicant had three scars on her leg, NOT caused by the bad guys. Also, she said she was forced to pay over one half of her paycheck only once, in the year 2006. She could have said, "I had to pay again and again. I had to pay in 2007, 2008, and 2009." But, she did not. Obviously, she did not exaggerate her claim. She did not embellish. She did not lie, when she could have. The Asylum Officer liked that.]
imputed lesbian-activist from Cameroon
Ms. C, from Cameroon, said she was a pro-democracy activist from Cameroon. She said the government falsely accused her a being a lesbian, which is a crime in that country. The Asylum Officer asked these questions:
-was your application read back to you in a language you understand?
-do you have any original documents and envelopes with stamps on them?
-who told you about asylum?
-you arrived in USA 11 months ago, and only now you applied for asylum? why the delay?
You did not have enough money to hire a lawyer?
=
Are you a member of a political organization?
Were you a member?
Are you identifiable as a member of that group?
What did you do for the group?
Aside from distributing flyers, and pamphlets, and tracts, what else?
Aside from trying to raise money, by asking for donations, what else?
What kind of work did you do in the office?
What did one flyer say? can you write it down for me right now?
Were the flyers always the same, or did they change over time?
what did a flyer say in the year 2008? 2009?
If you would return to your country tomorrow, what would happen to you? Why?
Who would do that to you?
Was anyone else treated the same as you?
in the last six months, was anyone treated the same as you?
=
Did you suffer any physical harm? what weapons were used on you?
did you suffer any emotional harm? what words did the man say on the phone?
what language did he speak?
Did you suffer any economic harm? how much money did you lose?
After the people beat you, did you report it to the police? why not? what did your friends tell you about reporting to the police?
Is it true that the police make victims of crime pay money to the police?
Why did the people target you?
what is so special about you?
Tell me about the threatening phone calls: when did they start? about how many per month?
was it always the same person who called?
-was your application read back to you in a language you understand?
-do you have any original documents and envelopes with stamps on them?
-who told you about asylum?
-you arrived in USA 11 months ago, and only now you applied for asylum? why the delay?
You did not have enough money to hire a lawyer?
=
Are you a member of a political organization?
Were you a member?
Are you identifiable as a member of that group?
What did you do for the group?
Aside from distributing flyers, and pamphlets, and tracts, what else?
Aside from trying to raise money, by asking for donations, what else?
What kind of work did you do in the office?
What did one flyer say? can you write it down for me right now?
Were the flyers always the same, or did they change over time?
what did a flyer say in the year 2008? 2009?
If you would return to your country tomorrow, what would happen to you? Why?
Who would do that to you?
Was anyone else treated the same as you?
in the last six months, was anyone treated the same as you?
=
Did you suffer any physical harm? what weapons were used on you?
did you suffer any emotional harm? what words did the man say on the phone?
what language did he speak?
Did you suffer any economic harm? how much money did you lose?
After the people beat you, did you report it to the police? why not? what did your friends tell you about reporting to the police?
Is it true that the police make victims of crime pay money to the police?
Why did the people target you?
what is so special about you?
Tell me about the threatening phone calls: when did they start? about how many per month?
was it always the same person who called?
Friday, March 19, 2010
forced marriage in Cameroon #3
Comments by the government lawyer:
-This lady should be denied asylum because: 1] she did not go to the police in her own country. Maybe the police would have helped her. You only get asylum here in USA if no where else would protect you.
-She says her government hates her. but, she went to government university, government gave her a passport, they let her enter and leave airports. They let her go to church.
-Yes, the father hit her. But why did he hit her? because of her race, religion, or political opinion? No, it was for "personal reasons." No asylum if the bad guy hits you for just personal reasons.
-Also, she was inconsistent. She said one thing in court, and something else to the Asylum Officer.
-This lady should be denied asylum because: 1] she did not go to the police in her own country. Maybe the police would have helped her. You only get asylum here in USA if no where else would protect you.
-She says her government hates her. but, she went to government university, government gave her a passport, they let her enter and leave airports. They let her go to church.
-Yes, the father hit her. But why did he hit her? because of her race, religion, or political opinion? No, it was for "personal reasons." No asylum if the bad guy hits you for just personal reasons.
-Also, she was inconsistent. She said one thing in court, and something else to the Asylum Officer.
forced marriage in Cameroon #2
More questions:
While you were testifying, did you notice that the government lawyer was reading your affidavit attached to your I-589? do you remember what it says?
-why does that statement not contain some of the things you are talking about today? In other words, why isn't everything in that statement?
Who helped you prepare the I-589? was he in a big hurry, or was he happy to spend several hours wrestling with you, to get your story? how well do you speak English? was it easy to get translators to spend several hours with you, wrestling, making you tell your story in a consistent way?
How much money did the translator want you to pay him? how much money did you have? why didn't you borrow money to pay him? did you have lots of rich friends here in USA, or did you know only poor, out-of-status people like yourself who spoke no English and had no work permits?
=
What did you tell the Asylum Officer? why didn't the Asylum Officer write down the story about your sister and the school? was the Asylum Officer slow and leisurely, and asked you hundreds of questions, or was he tired and in a hurry?
=
you had problems in the northern part of your country? Ok, so why not live in the central part? why not live in the southern part?
Let's pretend that this afternoon, you go to Dulles airport, and fly to the aiport in the capital city of your country. You arrive there at 9:00 am. What would happen at the Yaounde Airport? nothing? because no one at the airport cares about you?
Then, take a taxi to the center of town and rent an apartment? Nothing would happen, because no one knows or cares if you arrive, and live there?
How would your father even know that you came home?
How would he force you to marry the jerk? how would he do that?
=
You left your country over three years ago. Your father has forgotten about you, hasn't he?
your government has forgotten about you, yes?
-your friend Mary knows about your problems? why did n't she write a letter of support for you?
-Your sister Alice knows? why didn't she write a letter? did you even ask her? it is your fault there is no letter, or it is her fault?
While you were testifying, did you notice that the government lawyer was reading your affidavit attached to your I-589? do you remember what it says?
-why does that statement not contain some of the things you are talking about today? In other words, why isn't everything in that statement?
Who helped you prepare the I-589? was he in a big hurry, or was he happy to spend several hours wrestling with you, to get your story? how well do you speak English? was it easy to get translators to spend several hours with you, wrestling, making you tell your story in a consistent way?
How much money did the translator want you to pay him? how much money did you have? why didn't you borrow money to pay him? did you have lots of rich friends here in USA, or did you know only poor, out-of-status people like yourself who spoke no English and had no work permits?
=
What did you tell the Asylum Officer? why didn't the Asylum Officer write down the story about your sister and the school? was the Asylum Officer slow and leisurely, and asked you hundreds of questions, or was he tired and in a hurry?
=
you had problems in the northern part of your country? Ok, so why not live in the central part? why not live in the southern part?
Let's pretend that this afternoon, you go to Dulles airport, and fly to the aiport in the capital city of your country. You arrive there at 9:00 am. What would happen at the Yaounde Airport? nothing? because no one at the airport cares about you?
Then, take a taxi to the center of town and rent an apartment? Nothing would happen, because no one knows or cares if you arrive, and live there?
How would your father even know that you came home?
How would he force you to marry the jerk? how would he do that?
=
You left your country over three years ago. Your father has forgotten about you, hasn't he?
your government has forgotten about you, yes?
-your friend Mary knows about your problems? why did n't she write a letter of support for you?
-Your sister Alice knows? why didn't she write a letter? did you even ask her? it is your fault there is no letter, or it is her fault?
forced marriage in Cameroon
The Judge and the government lawyer wanted to know:
-is psychological help available in the old country?
-why did your father call you stupid? why did he hit you? what were his reasons?
what weapons did he use to hit you? as he was hitting you, what words did he say?
-what immediate injuries did you have? one week later, what were your injuries? now, it is three years later; what are your injuries today that are physical? any "mental" scars today?
-do all the men in your tribe practice polygamy, of just some of them?
-you say you are a Christian; so, did you get married in a Christian ceremony? did you go to church in the old country? do you go to church here in the USA? did your pastor write a letter of support for you?
-you say that Mr. X paid a bride price? how much? how come you do not know?
=
tell me about all of your brothers and sisters. Where are they now, when did you last speak to each one, and what did they say about your problems?
-Sister #1: was she the victim of a forced marriage? why not?
Sister #2: was she the victim of a forced marriage? why not?
=
you say your Father punched you. Did you ever go to the police and tell them? why not?
If the police did not know about your problems, then it is not their fault if your problems continued, is it?
-Before seeking asylum in USA, shouldn't you try to solve your problems in your own country?
-did you ever ask anyone for help? who?
-is psychological help available in the old country?
-why did your father call you stupid? why did he hit you? what were his reasons?
what weapons did he use to hit you? as he was hitting you, what words did he say?
-what immediate injuries did you have? one week later, what were your injuries? now, it is three years later; what are your injuries today that are physical? any "mental" scars today?
-do all the men in your tribe practice polygamy, of just some of them?
-you say you are a Christian; so, did you get married in a Christian ceremony? did you go to church in the old country? do you go to church here in the USA? did your pastor write a letter of support for you?
-you say that Mr. X paid a bride price? how much? how come you do not know?
=
tell me about all of your brothers and sisters. Where are they now, when did you last speak to each one, and what did they say about your problems?
-Sister #1: was she the victim of a forced marriage? why not?
Sister #2: was she the victim of a forced marriage? why not?
=
you say your Father punched you. Did you ever go to the police and tell them? why not?
If the police did not know about your problems, then it is not their fault if your problems continued, is it?
-Before seeking asylum in USA, shouldn't you try to solve your problems in your own country?
-did you ever ask anyone for help? who?
Monday, March 15, 2010
is your government still interested in you?
Mr. Qui, from China, was denied asylum. He had a fight with some family-planning officials in his country five years ago, but there is "no evidence" that his government is still angry at him; there is "no evidence" that the government even remembers the event.
Also, here in the USA, Qui has been silent and inactive. His government has completely forgotten about him.
His father wrote a letter of support, but the letter says nothing about 1] the event five years ago; and nothing about what the government thinks or feels in the past year.
Also, here in the USA, Qui has been silent and inactive. His government has completely forgotten about him.
His father wrote a letter of support, but the letter says nothing about 1] the event five years ago; and nothing about what the government thinks or feels in the past year.
"living in USA for 25 years"
on 3/12/10, the IJ said that Mr. Cherichel had been in the USA for 25 years, and could be identified in Haiti as an "American" because of his physical appearance, clothes, mannerisms, and inability to speak Creole. So, relief was granted. However, this was later reversed.
Saturday, March 13, 2010
not "visible enough" in the USA, said the court
The Third Circuit denied asylum to Mr. An, from China, who said he protested in front of his embassy here in the USA. He produced some photos, but it was not clear if he was in them. He was not "visible enough" said the court. Also, An did not write any articles, criticizing his country. An was not famous, conspicuous, or notorious.
Also, Mr. An was inconsistent. He said his government was angry at him because he allowed a refugee from North Korea to stay at his house. How long did the refugee stay? first, An said, "several days." Then, he said, "27 days." His friend wrote a letter, saying it was for "two or three days."
Also, Mr. An was inconsistent. He said his government was angry at him because he allowed a refugee from North Korea to stay at his house. How long did the refugee stay? first, An said, "several days." Then, he said, "27 days." His friend wrote a letter, saying it was for "two or three days."
Thursday, March 4, 2010
man fleeing rebels loses
Mr. Hurtado, from Colombia, was denied asylum. A rebel group known as the AUC wanted him to join. He refused. They threatened to kill him. The court said that Hurtado was telling the truth, and that probably the AUC would kill him if it could. However, Hurtado did not really have a political opinion; AUC wanted him because he lived in the area. The AUC wanted all men who lived in the area. The AUC was indiscriminate; they did not care especially about Hurtado. There was nothing special about him.
The motive of AUC was "we want more workers for our group." The AUC was angry because Hurtado refused to join; so, AUC wanted to retaliate. The AUC are criminals, with personal motives.
No asylum for general criminal activity, private acts of violence, or personal retribution.
The AUC did not care about the political opinion of Hurtado, nor about his race or his religion.
The motive of AUC was "we want more workers for our group." The AUC was angry because Hurtado refused to join; so, AUC wanted to retaliate. The AUC are criminals, with personal motives.
No asylum for general criminal activity, private acts of violence, or personal retribution.
The AUC did not care about the political opinion of Hurtado, nor about his race or his religion.
Friday, February 26, 2010
pro-democracy activist from Burma
The Assistant Chief Counsel wanted to know:
1. where are the originals? where is each envelope?
2. why did you come to the USA?
3. as you left your country, any problems at the airport? why not? how much did you pay as a bribe?
4. was it hard, or was it easy, to get your passport? how much did you pay in bribes to get it?
5. why was your friend in Mandalay beaten to death?
6. your wife was arrested in June, 2009? after that, did she have any problems? why not?
7. what were your political activities here in the USA? what views did you express? did anyone notice? how do you know that someone from your government noticed?
8. did you engage in "oppositional political activities" [OPA] here in the USA?
9. does your government have knowledge of your OPA? how do you know?
1. where are the originals? where is each envelope?
2. why did you come to the USA?
3. as you left your country, any problems at the airport? why not? how much did you pay as a bribe?
4. was it hard, or was it easy, to get your passport? how much did you pay in bribes to get it?
5. why was your friend in Mandalay beaten to death?
6. your wife was arrested in June, 2009? after that, did she have any problems? why not?
7. what were your political activities here in the USA? what views did you express? did anyone notice? how do you know that someone from your government noticed?
8. did you engage in "oppositional political activities" [OPA] here in the USA?
9. does your government have knowledge of your OPA? how do you know?
Thursday, February 25, 2010
a Christian from Egypt loses!
Ms. E, from Egypt, said the bad guys beat her up, and that she reported the crime to the police.
What did the police do, after you made the report? did they interview any witnesses? did they canvass the neighborhood, looking for evidence? did they ever call you back, and ask you more questions?
You say you received threats over the telephone? what did the man say? what words did he say?
What did you say to the US Embassy to get a visa? what documents did you give to them?
You left your country, which you say is very dangerous, and then you returned to it, voluntarily?
you returned, voluntarily, to the "dangerous" country? So I guess it is not so dangerous, correct?
You say you had problems in city #1? so, why don't you go live in City #2? why not in city #3?
your mother is a Christian? but no one has ever hurt her, correct? why not?
Why did the man hit you? what was his motive?
What did the police do, after you made the report? did they interview any witnesses? did they canvass the neighborhood, looking for evidence? did they ever call you back, and ask you more questions?
You say you received threats over the telephone? what did the man say? what words did he say?
What did you say to the US Embassy to get a visa? what documents did you give to them?
You left your country, which you say is very dangerous, and then you returned to it, voluntarily?
you returned, voluntarily, to the "dangerous" country? So I guess it is not so dangerous, correct?
You say you had problems in city #1? so, why don't you go live in City #2? why not in city #3?
your mother is a Christian? but no one has ever hurt her, correct? why not?
Why did the man hit you? what was his motive?
Wednesday, February 24, 2010
how to show emotional harm
There is physical harm, there is economic harm, and there is "emotional" harm.
1. In January 2010, how did you sleep at night? did you sleep well? or, was sleep interrupted by bad dreams and nightmares? can you draw me a picture of what you "saw" in your bad dream?
2. In the last six months, how has your appetite been? good? bad? did you gain or lose weight? why did that happen, do you think?
3. in the last six months, as you have been living here in the USA, did anything remind you of what happened to you in the old country? Did you see a man wearing a green uniform in Alexandria, VA? did you hear the referee blow a whistle during a basketball game, on your television in Hyattsville, MD? as you took the Metro over the river, did you smell the water?
did any of these things cause you to have a "flashback"?
1. In January 2010, how did you sleep at night? did you sleep well? or, was sleep interrupted by bad dreams and nightmares? can you draw me a picture of what you "saw" in your bad dream?
2. In the last six months, how has your appetite been? good? bad? did you gain or lose weight? why did that happen, do you think?
3. in the last six months, as you have been living here in the USA, did anything remind you of what happened to you in the old country? Did you see a man wearing a green uniform in Alexandria, VA? did you hear the referee blow a whistle during a basketball game, on your television in Hyattsville, MD? as you took the Metro over the river, did you smell the water?
did any of these things cause you to have a "flashback"?
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