SYNOPSIS: Asylum granted before the US Immigration Court for Nepalese Client Facing Political Violence.
THE FACTS:
This client fled their native Nepal after being attacked by member of an opposing political party. They were able to return to the U.S. (where they were studying) and quickly applied for asylum (within one year of their arrival arrival).
Although the client had a good and genuine asylum claim, the client’s attorney did not prepare the case properly and the client was unprepared for her asylum interview by the US Asylum office. This inadequate preparation led to a referral by the US Asylum office to the US Immigration Court. The client retained our office AFTER this referral.
After YEARS of waiting for their day in court, the client was finally able to have an asylum hearing before the US Immigration Court.
THE LAW:
US Asylum law is complex and has become more so after the decisions by the US Attorney General in Matter of A-B-. Fortunately, the law continues to protect political activity. In general, Asylum applicants must demonstrate that they have a “well founded” fear of return to their native country “on account of” (because of) their:
- Race
- Religion
- Nationality
- Membership in a particular social group
- Political opinion
Asylum may be granted if the applicant has already suffered past persecution (because of their above reasons) OR if they have at least a “well founded” fear of return because of a protected ground. Any asylum application must be filed within one year of arrival in the U.S. (certain exceptions apply). A recent Federal Court case has established a NEW and PREVIOUSLY UNAVAILABLE ground for certain applicants to apply for asylum even if they did not meet the one-year deadline if they were in ICE custody and released. Consult an attorney if you were detained and want to apply for asylum but did not apply within the required one year deadline. See, Mendez Rojas
v. Johnson, 2018 WL 1532715 (W.D. Wash. Mar. 29, 2018)
US Asylum law has long protected political speech, and has offered political asylum to those who have spoken out against their governments or opposed powerful forces in their home countries. Recent social, political, and economic changes in Venezuela have made record numbers of citizens flee the country for a variety of reasons. Mere economic problems (food shortages, problems fining work, etc.) are generally not sufficient to establish asylum. It is important to establish that you are feeling your country BECAUSE OF a protected ground (such as politics) – not merely because country conditions have become difficult.
If granted asylum, an applicant may apply for US Lawful Permanent Residence after 1 year in the U.S.
THE RESULT:
Following the guidance of our office, this client was able to present a far more complete and well-documented case before the U.S. Immigration Court. Through thorough preparation, this client was able to testify credibly – the judge even noting that the testimony was some of the “most credible” he had ever heard, and document their case in such a complete manner that the judge commented that he could not reasonably expect the client to have produced anything else.
Importantly, our office recognized and highlighted an important element of asylum law – that those who have suffered past persecution are entitled to a presumption of FUTURE persecution – shifting the burden to the government to prove changed country conditions in the country of origin. When a client has suffered persecution in their home country, it is essential that this argument be made to the Court/asylum office to highlight this important legal protection and “burden shifting.”
Despite having to wait many years for her day in court, this worthy asylum case ended with a happy ending- the grant of asylum by the US Immigration Court.
Not unexpectedly, the Office of Chief Counsel has “reserved appeal” in this matter – a decision which is increasingly common today. It means that this client will have to wait 30 days to see if their case will be appealed by the Department of Homeland Security, but for now, the client can rest easy knowing they have done everything necessary to finally be recognized as an asylee.
DISCLAIMER: All Case Results published here depend on specific facts and legal issues unique to the case. It is impossible to guarantee any results.
