Help

Apply the knowledge that you have learned from your last two chapters on Asylum withholding of removal, and other relief for vulnerable populations to the following scenarios. Each question is worth 5 points.

1. Sharaf is an Iranian national. He is Baha'i, a minority religion in a country where Islam is dominant. Sharaf could not apply for an government jobs nor obtain a business license, all because of his religion. Private employers would not hire him, and as a result, he remained unemployed for long stretches of time. Sharaf's children could not attend the local public school because of their religion and his non-Baha'i neighbors often harassed his family. Because of the difficulty in finding employment, the family was very poor and found it almost impossible to earn a living.

Is Sharaf merely a victim of discrimination and harassment or would his situation rise to the level or persecution? (see pages 178-183)

 

2. Youssouf is from a prominent political family in Cote d'Ivoire. In 2012, a coup d'etat widely believed to have been financed by his uncle, was foiled. The government has accused Youssouf, his entire family, and prominent members of the opposition party of which they are members, of treason. At the time of teh coup attempt, Youssouf was in the United States on an H-1B, skilled worker visa, and knew nothing about the coup. In fact, he had renounced his membership in the party before coming to the United States. Youssouf's employment contract is ending and he is afraid to return home because he believes his association with his family will result in his arrest, torture, and possible death.

Can Youssouf claim asylum and remain in the United States instead? (see pages 194-195)

 

3. Aminata is a citizen of Mali. She arrived on a visitor's visa to visit her sister, and met and married Moussa, another native of Mali. Moussa obtained his US citizenship many years ago following a successful application for asylum. Moussa has abused Aminata continuously throughout their marriage and she has told no one. The couple has a disabled child who receives early childhood intervention services from a social worker who suspects there are issues of domestic violence. She advises Aminata to seek legal help but Aminata is afraid to do so because she lacks legal immigration status. The social worker brings Aminata to see you so that you can explain what legal remedies may be available to her. During the conversation with Aminata, you learn that Moussa may not have been free to marry her because his first wife is alive and well in Mali. 

Is there a way for Aminata to apply for VAWA benefits despite this? What more would you need to know before you can determine whether she qualifies?  (see pages 396-397)

 

4. Mario an undocumented Peruvian national was the victim of a robbery at gunpoint and is now suffering from post traumatic stress disorder, or PTSD. He cannot get out of bed and is afraid to leave his home. The police have caught the perpetrator and have subpoenaed Mario to appear in court to testify. He is afraid to do so because he does not want to come face-to-face with his attacked again. However, he is willing to give a written statement.

Has Mario been the victim of an enumerated crime and if so which? Assume that the crime does qualify him for relief. Can he demonstrate his willingness to assist in the investigation of a crime by providing a written statement instead of testifying in court as he has been asked to do? (see pages 416-420)

 

5. Claudette is from Haiti and was brought to the United State at age 5 on a tourist visa by her mother, who formed a relationship with a man who sexually abused the child. She was placed in foster care when she was 14 years old. 

Is Claudette eligible for SIJ status? On what basis? (see pages 457-460)

Assume Claudette receives SIJ status and eventually gains citizenship. in 2010, there is a terrible earthquake in Haiti and Claudette seeks to petition for her biological father who remained in Haiti. Is this possible?

 

BONUS QUESTION - worth an additional 5 points - BONUS QUESTION

Ben was born in 1995. He can to the United State on a visitor's visa from Argentina with his parents in 2001 when he was 6 years old. He has been in the country ever since. On June 15, 2012, he was 17 and in high school. Ben applied for and was granted DACA by the USCIS and has renewed his application every two years. It is now May 2019 and Ben wishes to re-apply for DACA. He visits the Humanitarian law firm to see if he is eligible.

Is Ben eligible to re-apply? Why or why not?   (see pages 462-463)

What documents would you recommend that Ben bring in to show he is eligible for the program?

Ben was once approved for DACA but let his DACA status lapse. He can apply as if he were a new applicant. What additional information might you need to determine his eligibility?