How to prepare an Asylum Application – Avvo.com http://ping.fm/1mlAo
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Preparation of Asylum Application
Posted on July 19, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Ninth overrules in favor of asylee
Posted on June 29, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Ninth overrules in favor of asylee. Court of appeals had jurisdiction to review determination that petitioner did not timely file his asylum application where the underlying fact that petitioner arrived in the United States less than one year before filing his asylum application was undisputed. Petitioner’s testimony that that he hid in China until less than one year before he applied for asylum was clear and convincing evidence that he did so, and immigration judge erred in concluding that proof of an exact arrival date was necessary. Immigration judge did not err in denying request for withholding of removal on the basis that petitioner had not established a likelihood that he would be subject to persecution where Chinese authorities searched for petitioner only on account of his assistance to a Falun Gong practitioner, not his political opinion or religion. Petitioner did not qualify for protection under the Convention Against Torture where the actions of Chinese authorities suggested, at most, that he might be subject to interrogation or punishment for his assistance to the escapee. Lin v. Holder
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Another BIA case on filing frivolous asylum applications:
Posted on May 22, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
(1) In making a frivolousness determination, an Immigration Judge may incorporate by reference any factual findings made in support of an adverse credibility finding, so long as the Immigration Judge makes explicit findings that the incredible aspects of the asylum application were material and were deliberately fabricated. Matter of Y-L-, 24 I&N Dec. 151 (BIA 2007), clarified.
(2) In considering an asylum applicant’s explanations for inconsistencies or discrepancies, an Immigration Judge making a frivolousness determination must separately address the
applicant’s explanations in the context of how they may have a bearing on the materiality and deliberateness requirements unique to that determination.
(3) When the required frivolousness warnings have been given to an asylum applicant prior to the merits hearing, the Immigration Judge is not required to afford additional warnings or to seek further explanation in regard to inconsistencies that have become obvious
during the course of the hearing.
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A new case on Asylum:
Posted on May 19, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Immigration judge had discretion to require corroborating evidence from an otherwise credible witness in an asylum hearing. Judge did not err in barring asylum application as untimely in the absence of corroboration of petitioner’s date of entry or an explanation for the deficiency.
Singh v. Holder
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A new case on Asylum
Posted on April 16, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A new case on Asylum: Alien’s hope that conditions would improve in her native Kenya did not constitute an extraordinary circumstance excusing her delay in filing application for asylum. Immigration judge’s adverse credibility finding was subject to reversal because it was premised on erroneous determination that alien had not mentioned an incident where she claimed she was almost run down by a truck in her application. Where an issue has been presented to an IJ, and the Board of Immigration Appeals affirms, the issue is deemed exhausted. Where IJ relied upon election of Kenyan Democratic Party leader as president in Kenya and the State Department’s 2002 Human Rights Country Report in finding that conditions in Kenya had improved for members of the Democratic Party to such an extent that alien no longer had a well-founded fear of returning, IJ’s decision was not supported by substantial evidence since that report covered only one day after the president was sworn in and four days after he won the election, confirmed abuses like those allegedly suffered by alien were still common in Kenya, and did not indicate that the former ruling party was no longer able to persecute Democratic Party members. Record did not compel a finding that alien would likely be tortured if returned to Kenya.
Mutuku v. Holder – filed April 9, 2010
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What can I expect if I am resettled in the United States?
Posted on March 15, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The United States is a land of great diversity. Refugees may be resettled in small towns or big cities. If you have a close relative already in the U.S., you will probably be resettled where they live. If you do not, a resettlement agency will decide the best place for you based on the availability of jobs and services. Refugees are expected to go to the assigned site and remain there during their initial resettlement.
The resettlement agency, often called the “sponsor,” is the most important source of information and assistance during the first months of adjustment to life in the U.S. An agency representative will meet you at the airport, arrange for housing, and prepare a resettlement plan that includes initial contact with governmental services and employment agencies. If you are approved and you do not have a sponsor in the U.S., sponsorship will be arranged.
In order to retain your refugee status in the U.S., you may not travel outside of the U.S. unless you first obtain permission to return before your travel. If you choose to travel, you should first contact the nearest BCIS office for the appropriate forms to request for permission to reenter the
The United States is a land of great diversity. Refugees may be resettled in small towns or big cities. If you have a close relative already in the U.S., you will probably be resettled where they live. If you do not, a resettlement agency will decide the best place for you based on the availability of jobs and services. Refugees are expected to go to the assigned site and remain there during their initial resettlement.
The resettlement agency, often called the “sponsor,” is the most important source of information and assistance during the first months of adjustment to life in the U.S. An agency representative will meet you at the airport, arrange for housing, and prepare a resettlement plan that includes initial contact with governmental services and employment agencies. If you are approved and you do not have a sponsor in the U.S., sponsorship will be arranged.
In order to retain your refugee status in the U.S., you may not travel outside of the U.S. unless you first obtain permission to return before your travel. If you choose to travel, you should first contact the nearest BCIS office for the appropriate forms to request for permission to reenter.
How to apply for political asylum
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Which Refugees are Eligible for Resettlement in the United States?
Posted on March 15, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Each year, the U.S. resettles a limited number of refugees. Refugees may be eligible for an BCIS interview for resettlement in the U.S. if: UNHCR or the U.S. Embassy refers them to the U.S. for resettlement, or They are members of specified groups with special characteristics in certain countries as determined periodically by the United States government. (For some groups, only those with relatives in the U.S. are eligible.) Generally, refugees must be outside their homelands to be eligible for the U.S. refugee program, though the U.S. processes application from refugees in their home countries in a few places. (currently, the U.S. has such programs in Cuba, Vietnam, and the former Soviet Union).
Even if the applicant is determined by the BCIS to be a refugee, refugees with criminal records or certain serious health problems may be inadmissible to the U.S. Ineligibility for the U.S. refugee program does not necessarily preclude eligibility for UNHCR protection or resettlement in other countries. The following is a list of grounds for which a refugee may not be admitted to the U.S.:
A person who is determined to have a communicable disease of public health significance
A person who is determined to have certain serious physical or mental disorders
A person who is determined to be a drug abuser or addict
A former citizen of the U.S. who renounced citizenship for tax purposes
A person who has committed a crime of moral turpitude
A person who has violated laws pertaining to controlled substances
A person who has been convicted of two or more criminal offenses
A person who has committed prostitution within the past ten years
An individual who has committed serious crimes and has been granted immunity from prosecution
A person who is intending to practice polygamy in the United States
A person who is attempting to enter the U.S. in violation of U.S. immigration laws, or assists another person to do so
A person who has been involved in international child abduction
A person who is intending to enter the U.S. to conduct illegal activities
A person whose admission to the U.S. would have potentially serious adverse foreign policy consequences to the U.S.
A person who is or has been a member of the communist or any other totalitarian party
A person who has engaged in any way in the persecution of others on the basis of race, nationality, religion, political opinion, or membership in a particular social group
Many, but not all, of the grounds listed above may be waived by the Attorney General upon application by the refugee applicant.
Each year, the U.S. resettles a limited number of refugees. Refugees may be eligible for an BCIS interview for resettlement in the U.S. if: UNHCR or the U.S. Embassy refers them to the U.S. for resettlement, or They are members of specified groups with special characteristics in certain countries as determined periodically by the United States government. (For some groups, only those with relatives in the U.S. are eligible.) Generally, refugees must be outside their homelands to be eligible for the U.S. refugee program, though the U.S. processes application from refugees in their home countries in a few places. (currently, the U.S. has such programs in Cuba, Vietnam, and the former Soviet Union).
Even if the applicant is determined by the BCIS to be a refugee, refugees with criminal records or certain serious health problems may be inadmissible to the U.S. Ineligibility for the U.S. refugee program does not necessarily preclude eligibility for UNHCR protection or resettlement in other countries. The following is a list of grounds for which a refugee may not be admitted to the U.S.:
A person who is determined to have a communicable disease of public health significance
A person who is determined to have certain serious physical or mental disorders
A person who is determined to be a drug abuser or addict
A former citizen of the U.S. who renounced citizenship for tax purposes
A person who has committed a crime of moral turpitude
A person who has violated laws pertaining to controlled substances
A person who has been convicted of two or more criminal offenses
A person who has committed prostitution within the past ten years
An individual who has committed serious crimes and has been granted immunity from prosecution
A person who is intending to practice polygamy in the United States
A person who is attempting to enter the U.S. in violation of U.S. immigration laws, or assists another person to do so
A person who has been involved in international child abduction
A person who is intending to enter the U.S. to conduct illegal activities
A person whose admission to the U.S. would have potentially serious adverse foreign policy consequences to the U.S.
A person who is or has been a member of the communist or any other totalitarian party
A person who has engaged in any way in the persecution of others on the basis of race, nationality, religion, political opinion, or membership in a particular social group
Many, but not all, of the grounds listed above may be waived by the Attorney General upon application by the refugee applicant.
Bureau of population refugees and immigration
Refugee and asylee follow to join cases
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How to Apply for Asylum?
Posted on March 15, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
To be eligible for asylum in the United States, you must ask for asylum at a port-of-entry (airport, seaport or border crossing), or file an application within one year of your arrival in the United States. You may ask later than one year if conditions in your country have changed or if your personal circumstances have changed within the past year prior to your asking for asylum, and those changes of circumstances affected your eligibility for asylum. You may also be excused from the one year deadline if extraordinary circumstance prevented you from filing within the one year period after your arrival, so long as you apply within a reasonable time given those circumstances. You may apply for asylum regardless of your immigration status, meaning that you may apply even if you are illegally in the United States.
In addition, you must qualify for asylum under the definition of “refugee.” Your eligibility will be based on information you provide on your application and during an interview with an Asylum Officer or Immigration Judge. If you have been placed in removal (deportation) proceedings in Immigration Court, an Immigration Judge will hear and decide your case. If you have not been placed in removal proceedings and apply with the BCIS , an Asylum Officer will interview you and decide whether you are eligible for asylum. Asylum Officers will grant asylum, deny asylum or refer the case to an Immigration Judge for a final decision. If an Asylum Officer finds that you are not eligible for asylum and you are in the United States illegally, the Asylum Officer will place you in removal proceedings and refer your application to an Immigration Judge for a final decision. Immigration Judges also decide on removal if an applicant is found ineligible for asylum and is illegally in the United States. If you are in valid immigrant or nonimmigrant status and the Asylum Officer finds that you are not eligible for asylum, the Asylum Officer will send you a notice explaining that the BCIS intends to deny your request for asylum. You will be given an opportunity to respond to that notice before a decision is made on your application.
There are numerous immigration laws that could result in the denial of this visa if not properly prepared. If the petition is put together correctly and professionally by a qualified immigration law firm, the chances of approval is greatly increased.
Immigrant children can apply for asylum
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CA6 Finds IJ Has Authority to Determine Frivolousness of a Time-Barred Asylum Application
Posted on March 15, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court finds that Immigration Judges have the authority to make a frivolousness finding in the context of a time-barred asylum application. The court denies the petition for review. (Ghazali v. Holder, 10/29/09).
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Changes regarding Information on Immigration Asylum Policies and Issues
Posted on March 15, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Changes were made regarding current policy procedure. Central Florida Chapter met with EOIR on 10/01/09 to discuss current policies and information; immigration asylum clock issues and updated information on office location and policies.
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