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.

"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."

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.

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?

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?

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"?