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.
Friday, March 19, 2010
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?
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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?
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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?
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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.
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