The Asylum Officer asked:
who helped you prepare your application?
how did you meet your lawyer?
are you paying him?
who decided you should come to USA?
how did you cross the border? how did you hire your smuggler? how much did you pay him?
what happened as you traveled here?
who do you live with now, in USA?
= =
why did you decide to come to USA?
how did Uncle A harm you? threats? physical harm?
when was the first tme he hurt you? when was the last time?
what words did he say?
why did he harm you?
what threats did he make to your grandmother?
he did not hurt others; just you? why?
did you report him to the police? why not?
what did police do with other similar victims?
Your declaration says you did report him to the police?
= =
how did threats from Uncle make you feel? how did you sleep at night?
did you ever talk to a counselor about this? why not?
here in USA, you talked to a counselor? what did she tell you?
Since arriving in USA, any threats from uncle?
has he harmed anyone else in the family?
What would happen if you return to your country?
why would he kill you?
someone killed your cousin Ally? why?
how do you know what happened?
why do the gangs kill people?
could you move to a different area of your country and be safe?
= =
tell me about all of your international travel
what was your immigration status in each country
have you ever provided support to a group that uses violence?
have you ever given false info to US government?
What does Form DS-160 say?
Thursday, November 9, 2017
Wednesday, August 2, 2017
reasons why applicant was rejected: July 2017
Mr. Cojocari was rejected by the IJ because:
1] he wrote he was released from the hospital on July 2d, later he said it was July 9th
2] he wrote he was in the city until November 6th; later he said Nov 5th
3] he wrote his last day of class was in May, later, he said it was in August
4] he wrote he lay in bed for ten days at home, ; later he said he was in the hospital
Monday, June 26, 2017
asked of a government worker #3
The Dep’t of
state report for 2005 says that the police killed protesters in the city of
ZZZ. Is this true? Did you know about it, at the time?
Did you
“assist in the persecution” of others?
Why did you continue to work for the evil government?
Did you see
corrupt and violent acts by the government?
Did you
downplay human rights violations?
What did your boss want you to do? How did you respond
to those pressures?
Did you ever
see a human rights violation?
Did you ever
hear of one? What did you do/ nothing? Why was that?
The police and
the government wanted to look better than they were, right? They wanted to
avoid bad publicity? Did you assist them to do that?
A United
Nations report from 2012 says the police killed some demonstrators? Why did you
do nothing in response?
Didn’t your
boss “sell” jobs in exchange for kickbacks?
=
Even if you
didn’t want to, ever give food to a “terrorist”?
Why do the bad
guys hate you? Is it for any other
reason?
Is there
anything else?
questions asked of a government worker #2
In your
country, there are rebels who fight against the government?
Did you assist
the rebels? If you did, maybe you are a “terrorist.”
Even if you
didn’t want to, did you give rebels money, shelter or food?
Did you ever pay ransom $?
Ever help
someone else do violence, or assist the rebel group?
Did you ever
say out loud that you approved of the group?
Did you ever give, even a small amount of food,
housing transportation?
Ever give
services to such a group?
Even if you
didn’t want to, ever ask anyone to join
that group?
Ever pay
taxes, or “rent” or buy things from that group?
=
What does your
passport say your name is?
Tell me about
each sister your have: where they live and work
Tell me about
each brother: live where, work where?
Did you ever
return to the “dangerous” country?
Ever been
accused of a crime?
=
How did you
get your job with your evil government?
You paid
bribes? You accepted nepotism?
You accepted
bribes?
Who lives with
you, in your apartment, in Alex VA?
Did you ever
join a political party? Why aren’t you politically active here in USA?
Where did $
come from, for expensive airplane rides? What was your salary? How were you
able to save money from that, to buy airplane tickets? You did some crimes, or
accepted bribes?
=
Tell my all of
your international travel! For each country, what was your immigration status?
Were you firmly resettled there?
How did you learn English? How did your brother learn
English?
Why can’t you
repeat exactly what you said in your I-589? Because you can’t, I wonder if you
are lying
Why didn’t you
update your application?
Tell me the
month/year/city when you started school, even though it was in 1993, which is
25 years ago
Who helped you
get that job? What is his full name? how come
you don’t know his full name/ what is his father’s name
Earlier, you
said you were a student in 1994, but now you say it was in 1995?
In 1996, were
you a fighter? You shot guns and assisted rebels? How did you avoid this?
Aren’t all
males subject to the draft? How did you avoid it?
Was anyone in
your family involved in fighting?
Ever encourage
anyone else to fight?
Why did you
quit that job?
Why did the
man threaten you?
Is the Afghan
calendar different from the USA calendar? How?
Was your
school closed for four months each year?
When it is hot in the summer, all work stops?
You hired to
be an Engineer, but you had no engineering background? Do lots of funny things happen in the “third
world” that I, the officer do not know about?
=
Where did the
money come from, to operate the newspaper?
You just
happened to be independently wealthy, because your father abused minorities in
your country?
Where were
you, and where did you work, for each month in the past 20 years?
What address
did you say you had, when you applied for your visa?
You forgot?
Why didn’t you do a FOIA for your application?
You were
married in 2011, but the certificate was issued in 2014?
Why did you
stop being a member of the XYZ party? Why did you join in the first place?
I am now going
to read from page 4 of your I-589: it says in 2014, you lived in the city of
X? but you say you were a student at RRR
university, which is 300 miles away during that time? So, where did you really
live?
June 2016:
where did you live and work? What did
you see with your own eyes? What did you hear with your own ears?
What are
“security forces”?
Did your
police do human rights violations?
Did you ever
ask your boss to punish the bad police, who murdered the nice citizens?
Did you ever
ask you boss to take any action, against the bad police? Why not?
Did you ever
ask for an investigation
Did you ever
do anything about the bad police?
questions asked of a government worker #1
Show me your
passport!
Show me all
original documents!
Tell me all
your addresses for past 60 months
Tell me all
your employer for past 20 years
Tell me
all your education for past 20 years
-today,
is your oral testimony different from
your written application?
Yes, but you
did not know that? I know more about your written application than you do?
Do you feel
embarrassed about that? Does your lawyer feel embarrassed? You are the only
person in the room who is not embarrassed?
=
If you wrote a
few sentences in the boxes on Form I-589, then you, your lawyer, and I could
refresh our memory about your case in 30 seconds. Why didn’t you do that?
=what did you
tell the US Embassy, to get your visa? What does your DS-160 say? Why didn’t
you do a FOIA to get your application?
Are you
embarrassed that I , the officer, know more about your DS-160 than you do?
= =
I am now going
to search for prior inconsistent statements.
I am now going
to study your documents, like I.D. cards, and party cards, to see when they
were issued, to see if they are inconsistent with your written statement.
If I can find some inconsistencies, when you
did not find them yourself, that means you were too tired or lazy to read your
own documents? Do you feel embarrassed about this? Does your lawyer feel
embarrassed?
You had
problems in your home town? So what? Why not go live in a city that is 100
miles away? This is “internal
relocation.” You could internally
relocate, couldn’t you?
You left your
country, and then lived in Country #2 for two years? You had a job there and no
one arrested you? So, why do you need asylum here in USA? Go live in Country
#2! You were “firmly resettled” there;
you do not need asylum in USA
Friday, June 16, 2017
more questions asked of almost every applicant
=
Tell me about your International Travel again! Can you
tell me your history twice in a row, and say it the same? A test!
Why did he threaten you?
Why did he dislike your activities?
What did the bad guys think about you?
How did the bad guys see you? How do you know what they
were thinking?
How does getting a telephone threat harm you?
Did anyone else in your family suffer harm?
How many times were you threatened over the phone?
How many times were you threatened in person, or
face-to-face?
=
How did you condemn the bad guys?
Where did you condemn them? How did the bad guys find
out about you?
Your photo was in newspaper? Did anyone see it? Did they
write a letter?
How did you first get interested in that political
party?
Was there any harm to your son? Why not?
Did you express your political opinions here in USA?
Did you exercise your religion, here in USA?
Is “internal relocation” possible?
Did you report the event to the police? Why not?
=
If you return to
your country, how would the bad guys know?
Did you ever have any military training? Did you ever shoot
a gun/
Were you ever offered immigration status in any of the
foreign countries you visited?
Did you ever give support to a “terrorist organization”?
MIITARY SERVICE
INTERNATIONAL TRAVEL
DS-160
Ever hold a rifle in your hands?
Were you ever forced to give support to an organization
that the USA says is a “terrorist organization”?
Ever help someone else to give support?
Ever lie or give false info to US government?
=
Is there anything else?
Yes. What?
Is there anything else?
questions asked of almost every applicant
Questions asked of an activist 6/16/17 by Asylum Officer
Show me your passport!
Who helped you prepare I-589? How did you meet your
attorney?
Who referred you to him? You met with him how many
times?
Was your
application read back to you in your
language?
How did you write your statement? Did you write it, or someone else?
Is it the story of someone else, or is it really your statement?
Who helped you write it?
=
How many times have you applied for a tourist/student
visa?
What is your history with the Dept of State?
How did you apply for it? Fill out a form, in pen, hand-deliver paper
to the Embassy?
Or, did someone sit at a computer, and type stuff with
fingers, and apply on line?
Where was the computer? In living room of your son? At a
public internet café?
Did anyone tell you what to say in the DS-160? Did you
understand the questions?
Did you do a FOIA
request to DOS to get a copy? NO? but I have it, and you don’t?
Did you review the info you gave the embassy? How was
the info delivered to the embassy
Did a “visa preparer” help you?
Did you review the info before you submitted it? Did you
notice I asked the same question twice? Why is that, do you suppose?
=
Tell me the birthdates of your wife, child #1, child #2,
and Child #3
When did you last leave your country?
What was your last address?
Where have your
worked for the past 60 months? How did you answer this same question when
requesting your visa?
Does “mistake” = “lie”?
You were too tired or busy or lazy to answer the
questions on -589: so now you are giving different and more complete answers?
=
Why did you depart from your country?
Why do you want asylum?
Tell me all of your international travel, for the past
35 years!
=
What is your religion? What is your political opinion?
How did you express your opinion? How did you show your
religion?
Did you suffer
any physical harm? Emotional harm? Why?
How did the bad guys know about you?
June 2016: what words did the bad guy say? What did you
see with your eyes?
September 2016: what words did officer #1 say? What did
you see with your own eyes?
[you may think the question is obvious or silly, but we
need your answer for the record!]
Thursday, April 27, 2017
activist from Egypt #2
-did
you give food/$/ trash bags to the organization?
If
someone videotaped you, what would the video show? Pretend the video is played with no sound;
all you can see is you. What are you doing in the video? Sitting on a chair?
Walking on the sidewalk? On the street? On the grass?
=
Why
did you throw stones? Did you hit anyone?
Did
you ever ask anyone else to throw stones?
Why
did you protest/?
What
did you see with your own eyes? What did you hear, with your own ears?
Why
did the officer hit you?
Why
did the officer shoot at you?
=
You
gave food to the men? Did any of the food go to men doing violence?
Did
you give anything of value to them? Such as 50 cents, a cold drink, a ride in
your taxi? Shelter, housing?
Ever
help anyone, even if under duress?
=
=
You
departed from your country 3 years ago? In the last 3 years, did your brother
suffer any harm? Your mother? Any
threats to them?
Has
anyone asked about you, in the last 3 years? NO? so, the government has
forgotten about you? You have done nothing in the past three years to bring
yourself to the attention of your government?
If
you return to your country, what would happen?
Is
there anything else?
Is
there anything else?
an activist from Egypt #1
Questions
asked of an activist from Egypt
Interview lasted 3 ½ hours; it started 2 ½
hours late
Show
me your passport! You were able to re-new it?
Who
helped you prepare your app? How did he help you? Did you prepare it first in
French, and then translate into English? Was it read back to you in French?
Does
your statement contain all of your harm? Really? All of it?
=
Was
your statement first prepared in French, or what? Did you write it, or did your
lawyer?
When
did you last depart from your country?
TELL
ME ALL OF YOUR INTERNATIONAL TRAVEL
For
each country that you were in, what was your immigration status?
=
Tell
me about all the jobs you have ever held, beginning 23 years ago!who was your
employer in 1984? Yes, that is 23 years ago; so what?
What
was your job in 1990? In 1995?
What
were you doing in 2003? Live where? Work where? Immigration status? Political
activity? Why nothing?
TELL
ME THE MONTH/YEAR/CITY! If you say,
“july 5th,” then you are going to make me guess the year and the
city? You think I know what year you are
talking about?
CAN
YOU BE CHRONOLOGICAL? GO FROM YEAR, TO
THE NEXT YEAR, TO THE NEXT YEAR?
Who
organized the protest? The “X” party?
Who are they? Are they 100% non-violent?
You
“support” the X party? What does “support” mean?
-give
$? Tell your friends it is a good organization? Ask friends to join it/
Attend
meetings/rallies/demonstrations? Ask
your friends to give $?
What
does “organize” mean? Someone stands up,
and tells people where to stand? Walk? Tells them what to say? Arranges for
food and transport?
How
did the protest come into existence? Who planned it? Where? When? How did you
hear about it?
Friday, February 3, 2017
mistake = lie
Marouf v. Lynch, 811 F.3d 174 (6th Cir. 2016)
The Immigration Judge denied asylum to Mr. M:
The Immigration Judge denied asylum to Mr. M:
1] M testified
his nose was broken in 2007 when he was punched by an angry Muslim.
His wife wrote that it happened in 2006.
His mother wrote that his nose was broken
in an accident.
2] M testified
that on the day of the attack, he saw 100 people in a mob outside of his house.
He later testified that he was
attacked by 40 people.
3] Injuries to
his cousin: first, M said that cousin suffered a broken shoulder;
later, he said a broken
arm;
still later, he
said a broken hand.
Wednesday, January 4, 2017
an activist from Burundi #3
The asylum officer asked:
Tell me about money: who paid your salary? who paid for your plane tickets?
Who paid money to your brother?
You say your government hates you, but they voluntarily pay you money?
Do you often pay money to someone you are angry at?
=
How do you know if Smith received the money?
did you see it with your own eyes? did Smith tell you he got the money?
So, you don't know for sure, but you believe he got the money? Does anyone else believe he got the money?
=
What did the president of your country say about your ethnic group?
How do you know he said that?
How would anyone know if you are a member of that ethnic group?
if someone knows your last name, he would assume something?
if someone heard you speak in the Swahili language, he would believe something?
if someone just looks at you, while you are silent, how would he know your ethnic group?
=
you were in the military? tell me your complete employment history? did you shoot a grandmother because of her ethnic group?
=
you say that Smith wanted to kill you? why didn't he? didn't you go to work at the same office day after day? you lived at the same house day after day? were you difficult to find?
=
Why was the government angry at you, in December 2015?
How did you obtain the marriage certificate?
Is there anything else?
Is there anything else?
Tell me about money: who paid your salary? who paid for your plane tickets?
Who paid money to your brother?
You say your government hates you, but they voluntarily pay you money?
Do you often pay money to someone you are angry at?
=
How do you know if Smith received the money?
did you see it with your own eyes? did Smith tell you he got the money?
So, you don't know for sure, but you believe he got the money? Does anyone else believe he got the money?
=
What did the president of your country say about your ethnic group?
How do you know he said that?
How would anyone know if you are a member of that ethnic group?
if someone knows your last name, he would assume something?
if someone heard you speak in the Swahili language, he would believe something?
if someone just looks at you, while you are silent, how would he know your ethnic group?
=
you were in the military? tell me your complete employment history? did you shoot a grandmother because of her ethnic group?
=
you say that Smith wanted to kill you? why didn't he? didn't you go to work at the same office day after day? you lived at the same house day after day? were you difficult to find?
=
Why was the government angry at you, in December 2015?
How did you obtain the marriage certificate?
Is there anything else?
Is there anything else?
activist from Burundi #2
The asylum officer asked:
What words did the officer say to your brother?
How did your brother interpret, or understand, what he said?
Why did your brother believe those words are a threat?
If the threat is against you, why was your brother afraid?
=
Where was your brother, at the moment of the threat? standing in the street? sitting inside a restaurant?
Did anything bad happen to any member of your family? Tell me the month/year/city, who did the bad thing, and why
=
PASSPORTS: I, asylum officer, love passports. They speak the truth. They are better witnesses than any person. Each stamp in the passport means what? the person is at an airport, or at a government office?
=
Smith told you that Mr. Jones was angry?
Did you send a letter to Mr. Jones? really? did he receive it? how do you know if he did?
Did Jones send a letter to his boss? how do you know? where is the letter now?
Did you see it with your own eyes, or do you just believe, or think, Jones sent a letter?
What did Smith see with his own eyes? what did he hear with his own ears?
If you do not know, why don't you just say that? Why not say, "Well, I am not sure; I am not an eye-witness. However, I believe that happened. Other people believe it too."
=
Did your boss have a reputation among the office workers? Did most people in the office believe certain things about the boss? So, he had a "reputation"?
=
is there anything that happened, that makes you believe your government is still interested in you?
Is there anyone else, who agrees with you, that your government is still interested in you?
Why does that person believe that?
What words did the officer say to your brother?
How did your brother interpret, or understand, what he said?
Why did your brother believe those words are a threat?
If the threat is against you, why was your brother afraid?
=
Where was your brother, at the moment of the threat? standing in the street? sitting inside a restaurant?
Did anything bad happen to any member of your family? Tell me the month/year/city, who did the bad thing, and why
=
PASSPORTS: I, asylum officer, love passports. They speak the truth. They are better witnesses than any person. Each stamp in the passport means what? the person is at an airport, or at a government office?
=
Smith told you that Mr. Jones was angry?
Did you send a letter to Mr. Jones? really? did he receive it? how do you know if he did?
Did Jones send a letter to his boss? how do you know? where is the letter now?
Did you see it with your own eyes, or do you just believe, or think, Jones sent a letter?
What did Smith see with his own eyes? what did he hear with his own ears?
If you do not know, why don't you just say that? Why not say, "Well, I am not sure; I am not an eye-witness. However, I believe that happened. Other people believe it too."
=
Did your boss have a reputation among the office workers? Did most people in the office believe certain things about the boss? So, he had a "reputation"?
=
is there anything that happened, that makes you believe your government is still interested in you?
Is there anyone else, who agrees with you, that your government is still interested in you?
Why does that person believe that?
an activist from Burundi
The asylum officer asked:
Who helped you prepare your application? how did you find that person? how did that person help you?
-did that person write your application for you, or did you write it yourself?
=
can you repeat everything on page one of I-589?
-on page two?
what is Date of Birth of wife? of child #1? of child #3?
Where is your family right now?
Tell me all of the international travel of your brother, and of child #2?
Your son is in the country of Kenya? what is his immigration status there?
Your uncle is in France? what is his immigration status there?
When was the passport of your wife issued?
when was the passport of your uncle issued?
How do you know this? who told you, and when?
=
what documents did uncle give to government of France?
=
Tell me all of your international travel!
What is the immigration status of each member of your family?
Who helped you prepare your application? how did you find that person? how did that person help you?
-did that person write your application for you, or did you write it yourself?
=
can you repeat everything on page one of I-589?
-on page two?
what is Date of Birth of wife? of child #1? of child #3?
Where is your family right now?
Tell me all of the international travel of your brother, and of child #2?
Your son is in the country of Kenya? what is his immigration status there?
Your uncle is in France? what is his immigration status there?
When was the passport of your wife issued?
when was the passport of your uncle issued?
How do you know this? who told you, and when?
=
what documents did uncle give to government of France?
=
Tell me all of your international travel!
What is the immigration status of each member of your family?
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