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Jason Dzubow on Political Asylum

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  1. The Most Important Question on the I-589 Asylum Form

    If you're reading this blog, you're probably already familiar with the form I-589, Application for Asylum and Withholding of Removal. Whether your case is in Immigration Court or the Asylum Office, this is the form that you use to apply for asylum, withholding of removal under INA § 241(b)(3), and relief under the United Nations Convention Against Torture.
    "You should have listed all your names on the immigration form, Superman. Or should I say, Clark Kent, Kal El, or Man of Steel?"

    At the beginning of the asylum interview or the court case, the applicant has an opportunity to make corrections to the I-589. It's not a problem to make corrections, and generally, correcting errors on the original form does not reduce the likelihood that the application will be granted. In the worst case, the applicant will need to explain the mistake(s), but even this is fairly rare.


    You might think that the most important questions on the I-589 are the ones on page 5 related to why you need asylum. It makes sense, since that is the whole point of the form. But, au contraire, in asylum world, things that make sense are rarely the correct answer. The questions about asylum are generally easy to answer on the form, and you have ample opportunity to elaborate on your answer in an affidavit or at the interview.


    So what is the most important question on the form? It's the question that appears on page 1, near the very beginning of the form, in Part A.I., question 6: "What other names have you used (include maiden name and aliases)?" What's so important about this question, you ask. I will endeavor to explain. But first, a bit of background.


    Every asylum applicant must undergo a background check. The check is a bit of a mystery, but it involves a biometrics check and a name check. The background check also involves multiple data bases, and it can be quite time consuming--some people wait years for the completion of their checks. Theoretically--and hopefully--the background check will be completed before the interview or the court case. That way, the applicant can receive a decision shortly after being interviewed. If the check is not complete, or if new information arises at the interview and the check must be augmented, the case will be delayed--possibly for a very long time.


    In my office, for example, we have dozens of clients who have been interviewed, but are still waiting for decisions in their cases. Some have been waiting for weeks or months; the longest delayed applicants have been waiting over two years! Most of these delays seem to be because the security background checks are not complete. For people who are single, or whose spouse and children are with them in the United States, the wait may be tolerable (stressful and unpleasant, but tolerable). For people who are separated from their spouse and children, the wait is horrific. How can a mother or father be apart from small children for months or years? Yet this is what many applicants are enduring today.


    Which brings us back to the question about "other names used." If you fail to include every name you have used in your life, the Asylum Office may have to start the security background check all over again for any names that you add to the form during your asylum interview or your court case. So while it is not a problem to correct this question, adding a new name to the form could cause months (or more) of delay. For this reason, it is important to include any and all names you have used when you first submit the form.


    Your name on the I-589 (Part A.I., questions 3, 4, and 5) is generally your name as it appears on your passport. So what "other names" should be listed on the form? You should include the name on your U.S. visa, including the notorious "FNU" or "first name unknown," which often appears on US visas for people who have only one name. If you have a maiden name, include that. Also, list any different spellings of your name that you (or others) have used. If you have nicknames, pseudonyms or aliases, list those too. Of course, if you have ever changed your name, list all previous names you have used. If you ever list your name as "son of" or "daughter of," include that. Finally, different countries and cultures have different naming conventions. Sometimes, a person's name is the given name, followed by the father and grandfather's name, or a tribal name. You should list all iterations of your name.


    It is important to answer all questions on the I-589 form as completely and as accurately as possible. But the question about "other names used" is particularly important. If you forget to include all the names you have used, it could cause additional long delays in your case. To paraphrase the immortal Dr. Seuss, "Be your name Buxbaum or Bixby or Bray, or Mordecai Ali Van Allen O'Shea, make sure to include all your names on the I-589 form. Then you'll be off to great places. So, get on your way!"

    Originally posted on the Asylumist: www.Asylumist.com.
  2. The Muslim Immigrant's Guide to a Donald Trump Presidency

    Donald Trump has repeatedly promised to bar Muslim foreigners from the United States. More recently, he’s called for “extreme vetting” of such people. Given his pronouncements, it’s not surprising that Muslim immigrants and asylum seekers are worried. But fear not – there is an easy solution for people affected by the ban: Convert to Judaism.
    When Trumpette first converted, we were kvelling. Now, we're verbissen.
    “What!!??! How can I change my religion? I don’t know anything about Judaism,” you say. Do not fret; I am here to help. I will explain to you how to be Jewish. It’s really not that hard. Jews and Muslims are already a lot alike. We both hate pork and love hummus. We're both perpetuating the War on Christmas by wishing others, "Happy holidays." And we both really want to own Jerusalem. See, we're practically cousins.

    Besides, converting to Judaism is the perfect cover. Donald Trump's own daughter converted, and he hasn't tried to ban her from anything.


    So how do you “pass” as Jewish?


    The first thing to know is that a Jewish person never answers a question. Instead, he responds with a question of his own, often followed by a complaint. So for example, if someone asks you, “How are you doing today?,” you don’t say, “I’m fine.” Instead, you say something like, “How should I be doing? What with my bad stomach. My fakakta doctor prescribed me some pills, but they do bubkis.” Get it? Let’s try an example in the immigration context. Here’s a common question that you might encounter:

    Immigration Officer: “How many children do you have?”

    Non-Jewish Answer: “Three.”

    Jewish Answer: “How should I know? They never call, they never write. My youngest is running around with some shiksa. And my oldest! Don’t even get me started. I told her, ‘Go to medical school, like your cousin Herbie,’ but what does she do? Majors in Liberal Arts. Feh! Her father and I spend $50,000 a year on college so she can work as a barista. Oy, what tsuress. Just thinking about it, I'm verklempt already.

    You see – It’s easy. Here’s another one. Let’s say that someone asks you a question that you want to avoid answering. One way to do that is by minimizing the importance of the question, and then making the questioner feel guilty about asking it. We Jews do that by taking the most important word in the question, replacing the first letter in the word with “schm” and then repeating it back. Often, this is followed by a reference to the Nazis. Here’s an example in the immigration context to help clarify what I mean:

    Immigration Officer: “Hello sir, may I please see your visa?”

    Non-Jewish Answer: “Here is my visa.”

    Jewish Answer: “Visa, schmisa! Do you think I’ve been sitting on a plane squished up like a sardine for the last 12 hours just so some Himmler-wanna-be can ask for my papers? My family didn’t survive the Holocaust, not to mention the pogroms, just to have some shmendrick treat me like a gonif. Next thing you know, you’ll be deporting me to a camp. The whole thing makes me want to plotz.”

    At that point, your interrogator will likely let you pass through customs just to get rid of you, which is another advantage of converting to Judaism.


    OK, I think you’ve got it. But here’s one last example. This one's a bit more advanced, so pay attention. If you can master it, no one will ever question your newfound Judaism. In English, most sentences are constructed with a noun, followed by a verb. We Jews often reverse that construction. So we wouldn't say, "She is a fast driver." Instead, we might say, "Fast, she drives." But typically, we'd try to be a bit more colorful: "Fast, shmast. Like Marrio Andretti, she drives." And here it is in the immigration context:
    Immigration Officer: “The fee for your green card is $1,070.”

    Non-Jewish Answer: “Here is $1,070.”

    Jewish Answer: “Nu? One thousand and seventy?! What am I, a Rothschild? Why don't you take my first born son while your at it. Maybe you can get some schlemiel to pony up that kind of money, but not me. Anyway, gelt like this, I don't have. Maybe the big machers can afford your fees, but not us little pishers. Now, be a mensch and hand to me your brochures about moving to Canada?"

    So that's it. Look, it isn't pretty to have to convert (or pretend to convert) to survive. We Jews have done it before (remember the Spanish Inquisition and the crypto-Jews?), but I suppose it beats the alternative. Anyway, in four years, when Michelle Obama becomes president, you can always convert back.

    Originally posted on the Asylumist: www.Asylumist.com.

    Updated 08-25-2016 at 10:34 AM by JDzubow

    Tags: jewish, muslim, trump Add / Edit Tags
  3. Asylum for Fethullah Gulen Movement Supporters?

    This post is by my esteemed law partner Todd Pilcher. Todd's practice focuses on asylum and family-based immigration. Over the course of his career, Todd has represented hundreds of immigrants and asylum seekers from all over the world, with a particular focus on asylum seekers from Central Asia and Latin America. He is also an adjunct professor of asylum and refugee law at the George Washington University Law School. Prior to joining Dzubow & Pilcher, Todd worked for many years as a senior managing attorney at Whitman-Walker Health Legal Services in Washington, DC.
    Todd Pilcher is waiting for a coup attempt at Dzubow & Pilcher, so he has an excuse to clean house.

    Until the recent coup d’état attempt in Turkey on July 15, 2016, most people in the United States--including journalists and human rights advocates--had never heard about the Gulen Movement or its founder Fethullah Gulen. That all changed after the Turkish government blamed the coup effort on Mr. Gulen and his followers and demanded his extradition from the U.S., where he has lived in exile since 1999. Since then, American and international press agencies have published numerous articles about this man and his movement.


    While people in the West may be surprised that they only recently learned about “one of the world’s most important Muslim figures” and his movement promoting secular government, democracy, and religious tolerance, they should not be surprised that some governments in Central Asia and Eastern Europe have persecuted Mr. Gulen's followers for many years.


    I am an attorney specializing in political asylum. In my practice, I have worked with several Gulen movement followers who have fled horrific government abuse in their home countries and applied for asylum in the United States. In the wake of the failed coup and the vicious crackdown against followers in Turkey and throughout Central Asia, I expect to assist more such asylum seekers in the coming months.


    Gulen movement supporters who have been persecuted or who fear persecution in their home country due to an association with the movement should qualify for a grant of asylum in the U.S. on the basis of both religion and political opinion. Even those who are not closely associated with the movement, but who fear persecution because the government falsely accuses them of involvement, should have strong cases for asylum.


    Any religious movement, such as the Gulen movement, that promotes the ideals of secular governance, nonviolence, religious and cultural pluralism, and respect for science alongside its spiritual teachings should be a welcome element in Central Asia and Russia. Unfortunately, many governments see the Gulen movement as a mortal threat to their dominance. In Turkey, Russia, Uzbekistan, and Tajikistan, Gulenist schools have been shut down. In many instances, followers have been subjected to harassment, detention, and torture. We have learned from clients and press reports that in Russia, government security agents have routinely raided Gulen movement meetings in private residences, confiscated reading materials, and arrested the participants. Once in detention, the Gulen movement followers undergo interrogations and severe beatings. The women are frequently raped and movement leaders are sentenced to long prison terms or killed outright. The treatment of Gulen movement followers in Uzbekistan is at least as horrific due to the country’s chronic conflict with Turkey and the consistently unhinged behavior of the country’s dictator, Islam Karimov, and his henchmen.


    For the present, international focus on the crackdown against Gulen movement followers remains on Turkey. But the mistreatment of Gulen followers will also likely rise dramatically throughout the region and beyond as dictatorial governments seek to confirm their paranoid suspicions and keep their prisons filled with perceived opponents. The U.S. and other countries that respect their moral and international legal obligations to protect refugees will continue to face the dilemma of speaking out forcefully against the mistreatment of Gulen movement followers while also trying to maintain important strategic relationships with the countries that have ramped up their persecution.

    Originally posted on the Asylumist: www.Asylumist.com.
    Tags: asylum, coup, gulen, turkey Add / Edit Tags
  4. Refugee Team to Compete in Olympic Games

    This August, 10 athletes will compete in the Olympic games not as representatives of their countries of citizenship, but as refugees. For the first time in the history of the Olympics, there will be a "Refugee Team," composed of individuals from four countries: Democratic Republic of the Congo, Ethiopia, South Sudan, and Syria. The athletes will participate in a variety of sports, including swimming, track and field, and judo.
    Refugee athletes are expected to do well in such sports as "Completing Endless Forms" (pictured) and "Waiting Forever In Line."
    Here are the stories of a few of these inspiring Olympians:

    James Nyang Chiengjiek
    (age: 28; country of origin: South Sudan; sport: 400 meters) - James is from Bentiu, South Sudan. His father was a soldier who died in 1999 during the war. When he was a young boy he took care of cattle. He escaped from South Sudan when the war broke out, as he risked conscription into the army to participate in the war as a child soldier. James arrived in Kenya in 2002 and stayed in a UNHCR-supported refugee camp. He attended school and started running there. He was selected to train at the Tegla Loroupe Peace Foundation in 2013, and has been there ever since (four others on the Refugee Team also train at the TLPF).


    Yusra Mardini
    (age: 18; country of origin: Syria; sport: 100 meter freestyle) - Prior to the war in Syria, Yusra was a competitive swimmer who represented her country in international competitions. As the war intensified, Yusra and her sister left Damascus in early August 2015 and reached Berlin in September 2015. To get there, they had to cross the Aegean in a small boat. When the engine died, Yusra and a few others—the only swimmers on board—jumped into the water and pushed the boat for 3½ hours to shore. Since she reached Germany, Yusra has been training at the club Wasserfreunde Spandau 04 e.V. which is a partner of the Elite Schools of Sport in Berlin.


    Yolande Bukasa Mabika
    (age: 28; country of origin: Democratic Republic of the Congo; sport: Judo) - Yolande is originally from Bukavu, the area worst affected by the DRC civil war from 1998 to 2003. During the war, she was separated from her parents and taken to a children's home. There, she took up Judo, which the government encouraged as a way to give structure to the lives or orphans. As a professional Judoka, she represented the Democratic Republic of the Congo in international competitions. After years of difficult training conditions, she decided to seek asylum in Brazil during the World Judo Championships in Rio in 2013. She currently trains at the Instituto Reação in Rio de Janeiro.


    Popole Misenga
    (age 24; country of origin: Democratic Republic of the Congo; sport: Judo) - Like his Judoka teammate, Yolande Bukasa Mabika, Popole is originally from Bukavu in the DRC. His mother was murdered when he was only six years old. Afterward, he wandered in a rain forest for a week before he was rescued. As a professional Judoka, he represented the Democratic Republic of the Congo in international competitions. Along with Yolande, Popole sought asylum in Brazil during the World Judo Championships in 2013. He currently trains at the Instituto Reação in Rio de Janeiro.


    Yonas Kinde
    (age 36; country of origin: Ethiopia; sport: Marathon) - Yonas left Ethiopia due to political problems. He has been under international protection in Luxembourg since October 2013. He has competed in many marathons and reached the qualifying standards for Rio during the Frankfurt Marathon in October 2015. He currently trains at the national school of physical education and sports in Luxembourg.


    Rose Nathike Lokonyen
    (age 23; country of origin: South Sudan; sport: 800 meters) - After her community was burned by armed men, ten-year-old Rose and her family left South Sudan and arrived in Kakuma refugee camp in 2002. Her parents returned to South Sudan in 2008 but her siblings remained in Kakuma refugee camp. During her time at school, she participated in many barefoot running competitions and in 2015 she participated in a 10 km run in Kakuma organized by the Tegla Loroupe Foundation. She has been training with the foundation ever since.


    The Refugee Team is a part of a broader effort on the part of the International Olympic Committee ("IOC") to assist and bring attention to refugees. As IOC President Thomas Bach has said, the Refugee Team "will be a symbol of hope for all the refugees in our world, and will make the world better aware of the magnitude of this crisis. It is also a signal to the international community that refugees are our fellow human beings and are an enrichment to society." It's an important role for these young athletes, and we certainly wish them the best at the Olympic Games and beyond.

    Originally posted on the Asylumist: www.Asylumist.com.
    Tags: olympics, refugee Add / Edit Tags
  5. We Have a Refugee Crisis in America, Too

    My friend and office mate Sheryl Winarick is an immigration attorney, advocate and entrepreneur based in Washington, DC and Austin, TX. Before starting her own immigration law practice in 2007, she spent eight years working for national non-profit organizations–Catholic Legal Immigration Network and the Justice For Our Neighbors program of the United Methodist Committee on Relief. She is currently in Residence at the TED office in New York and serves on HIAS' Public Policy Committee. Here, she writes about her experience as an attorney-volunteer assisting refugee women and children at the Southern border:
    Sheryl Winarick, do-gooder.

    Stories of the European refugee crisis continue to flood the headlines, but mass media seems to forget we have a refugee crisis in America, too. Since the beginning of fiscal year 2014, over 120,000 unaccompanied children and an additional 120,000 people in family units–mostly young mothers with children–have arrived at the U.S. border seeking protection from violence in Central America.


    In March, I spent a week volunteering for the Refugee and Immigrant Center for Education and Legal Services (RAICES)–one of several partner organizations that comprise the CARA Pro Bono Project. I was assigned to represent women and children before the immigration court in San Antonio, Texas. Karnes County Residential Center, operated by the U.S. Department of Homeland Security, houses these refugees in harsh conditions while they wait for a judge to determine their fate. Their stories are tragic, as is the reality that most of these desperate human beings do not qualify for protection under U.S. law, despite the well-documented probability that they will face severe violence and harm if they are returned to their countries of origin.


    General violence, extortion, corruption and impunity are endemic in countries like Honduras and El Salvador. However, in order to qualify for political asylum, an applicant must demonstrate that the persecution or harm she fears is targeted against her specifically “on account of” her race, religion, nationality, political opinion, or membership in a particular social group (PSG). Usually, PSG is the only hope, and eligibility hinges on a combination of the facts unique to each case, access to representation, and the appointed judge’s interpretation of PSG (which is not strictly defined).

    As I sat in the courtroom while my clients spoke to a judge via video conference from the Karnes detention center, I imagined how they must feel and the thoughts that might race through their minds. Karnes is about 60 miles southeast of the court in San Antonio, so it made more sense for other RAICES volunteers to prepare them for court. That means they had never met me in person, and here I was representing them in what could be the most important hearing of their life.


    How could they comprehend who I am, why I am there, and how I could know best what to say to the judge? Imagine, these desperate women, completely dependent on the help of strangers speaking a strange language in a strange land. They don't understand our legal system, and how can they possibly trust institutions of justice here in the U.S. when parallel institutions in their own countries are so corrupt? To make matters worse, the first thing we do to them (and their 3, 4, 5-year-old kids) is lock them up in detention facilities. The only truth they know is that they had no choice but to leave home if they wanted to live and to give their children a fair shot at life.


    There are no easy answers. My hope is for our elected officials and for individuals like you and me to confront our collective reality with courage and compassion. People all over the world are wrestling with these very real issues daily; some of us from the comfort of our homes and others from jail cells in unfamiliar places. We must seek solutions for those in need and fight for rights and dignity for all people.


    For a minute, close your eyes and imagine if this was your story, simply to be born into a hostile environment. Say a prayer for those in need, definitely give thanks for the freedom and relative comforts you enjoy, and do whatever you can to make a positive impact in this world we share.

    This article originally appeared on the HIAS website.

    This posting also appears on the Asylumist: www.asylumist.com.
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