When our own government tortures

More often that not, I feel like I live in a dystopian novel.  Unfortunately the events of today are real.  Over the past year I have been hearing about the numbers of people at the border seeking asylum.  I could not believe it was true.  Yet, according to Physicians for Human Rights, as of August […]

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Asylum denied to North Korean due to firm resettlement in South Korea

May a citizen of North Korea be granted political asylum despite being firmly resettled in South Korea?  The 9th Circuit Court of Appeals recently said, “no.” In Jang v. Lynch, — F.3d. — (9th Cir. 2015) the applicant, Sung Kil Jang, was born in North Korea and is a citizen of North Korea.  He was persecuted […]

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Why haven’t I been scheduled for my political asylum interview?

I recently saw a woman in my San Francisco office who came to see me because her political asylum case has been pending for two years and she has not been scheduled for an interview.  This is not unusual and I have clients in my own caseload in the same situation. The asylum division of […]

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New Asylum Case on Family as Social Group

The 9th Circuit Court of Appeals in the case of Rios v. Lynch, — F.3d — (9th Cir. 2015)  recently held that the Board of Immigration Appeals (“BIA”) erred in not considering an applicant’s claim that he would be persecuted on account of his family connections and thus did not fully consider the family as a […]

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Five Tips to Prepare for your Asylum Interview

With delays of two years, at a minimum, from the date of filing to the date of the asylum interview, at least in San Francisco, it is important to be well prepared for the interview.  In most cases, this will mean updating the supporting documents to show that country conditions are still the same if […]

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What is the definition of a frivolous application for Political Asylum?

I recently had a prospective client in San Francisco ask me for the definition of a frivolous asylum application.  As background, an individual may not be granted political asylum if a Judge determines that an applicant deliberately fabricated any material elements of the asylum application.  The Board of Immigration Appeals (“BIA”) in a case called Matter […]

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