(DOWNLOAD) "Proving Persecution: The Burdens of Establishing a Nexus in Religious Asylum Claims and the Dangers of New Reforms." by Ave Maria Law Review # Book PDF Kindle ePub Free
eBook details
- Title: Proving Persecution: The Burdens of Establishing a Nexus in Religious Asylum Claims and the Dangers of New Reforms.
- Author : Ave Maria Law Review
- Release Date : January 22, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 320 KB
Description
INTRODUCTION Upon entering the United States, asylum seekers often have a difficult and completely unknown path before them. They may know little or no English and have no concept of the detailed and complex immigration system they must navigate in order to remain in the United States. Take, for example, a woman from China, who also happens to be a Christian. She has fled to the United States from her home country because she has been tortured and beaten for being a Christian in a country that does not approve of Christianity. Her first step is to apply for asylum--an arduous task given her lack of English and the complexity of the system. (1) Eventually, she finds someone to assist her in filing the application, (2) but she still cannot read what it says. Once the application is filed, she goes before an asylum officer who finds that he cannot make a decision on the claim. The officer does not deny her application, but rather refers her to an immigration judge for a full hearing on her case. Once in the immigration court system, she attends a master calendar hearing at which the date for her full merits hearing is set. The date set is almost a full year away. (3) By this time, she has also found an attorney to represent her, but can barely afford to pay for the representation. (4) At the merits hearing, the immigration judge ("IJ") listens to her testimony and the same day issues an oral decision denying her claim. The IJ states that she cannot prove she was persecuted because of her Christianity and is thus not eligible for asylum. She files an appeal with the Board of Immigration Appeals ("BIA"), which denies her claim without an opinion, simply adopting the IJ's decision. (5) At this point, she has a working knowledge of English, has found a place to live and work, and has friends. She has also been ordered deported.