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."
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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.
Thursday, September 23, 2010
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"?
=
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?
=
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?
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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.
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