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Old 03-21-2011, 07:18 PM
 
Location: NW Houston
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Is there any evidence or known cases where the cartels have tracked down someone like her who was not a snitch or had done some grievous harm to them? Of course, maybe she did...

Since the same cartels have plenty of members in the U.S., how does asylum prevent them from tracking her down? The US government cannot guarantee the lives of people, either.
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Old 03-21-2011, 08:43 PM
 
972 posts, read 2,534,762 times
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Quote:
Originally Posted by DiverTodd62 View Post
Since the same cartels have plenty of members in the U.S., how does asylum prevent them from tracking her down? The US government cannot guarantee the lives of people, either.
Less corruption in police, witness protection programs, etc.

Yes USA can do better than Mexico in protection of people. That's a fact.
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Old 03-21-2011, 08:48 PM
 
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The cartels are all over the USA. And with the border so wide open and unenforced, there's nothing stopping anyone from coming over to El Paso to get her.

Maybe asylum in Spain or a country that doesn't share an open border with Mexico would make sense but it's a well known fact that drug traffickers and the cartels cross or live in the USA.
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Old 03-21-2011, 10:37 PM
 
Location: NW Houston
1,150 posts, read 1,935,074 times
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Quote:
Originally Posted by el_inombrable View Post
Less corruption in police, witness protection programs, etc.

Yes USA can do better than Mexico in protection of people. That's a fact.
Asylum /= witness protection program

Do better /= guarantee safety

While we're back on it, what hard evidence (besides her say so) is there that she was the target of serious death threats? Of course, there is likely unpublished evidence but not even a verified and actual failed attempt to kill someone is grounds for automatic asylum. Just on the known facts I'd say she has a pretty weak case. Her only chance is politics, that maybe the US would consider it too damaging for someone admired by many on both sides of the border to turn up hanging from an overpass.
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Old 03-22-2011, 08:09 AM
 
47,585 posts, read 35,883,543 times
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Also there's too much irony in the fact that these Mexican police whose job it was to protect their people are the ones running from their jobs seeking asylum by claiming Mexico doesn't protect it's people. She didn't protect the people she was paid to protect, she is part of the problem.
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Old 03-22-2011, 11:01 AM
 
471 posts, read 701,988 times
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Far too much speculation is made of this very young woman and her would-be motives. At best, she was noble. At worst, she was naive.

I see no earth-shattering harm in giving her the benefit of the doubt. She might even become a welcome asset to the U.S. I'm impressed by anyone who would fearlessly step into the position she took.
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Old 03-22-2011, 12:56 PM
 
Location: NW Houston
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I'm not speculating on her motives. I've stated before I do NOT think she planned this all along. But a court of law operates on evidence. A judge is going to want to see hard evidence not personal claims or hearsay.

Courts also operate on precedent so while there may seem to be no great harm in just this one time (such case could be made on behalf of every applicant) I don't think the courts are going to want to set a precedent of granting asylum simply because someone is scared and says they were threatened.
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Old 03-22-2011, 03:37 PM
 
471 posts, read 701,988 times
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According to TracImmigration:

Quote:
Asylum decisions are discretionary, meaning the decision maker can weigh all the evidence and other factors and decide purely on the basis of his or her judgment. That said, however, each decision is handed down within a framework of law and judicial opinions interpreting the law. Below is an examination of the legal requirements that have been established in regard to deciding whether an individual is, or is not, eligible for asylum.

To win legal protection from being deported asylum seekers must:

1. Be outside their country of nationality. Asylees are by definition in the United States and thus necessarily outside their country of nationality.

2. Be afraid of persecution. Torture and imprisonment are persecution - recognized under the law, but harassment or discrimination usually are not. Where these lines are drawn is different in each case.

3. Be harmed or fear harm by the government or others. Harm by the police or the army counts. Harm by right-wing or left-wing political groups or religious zealots that the government is "unable or unwilling to control" also counts.

4. Be affected by at least one of several defined conditions. As suggested above, these conditions are: political opinion, race, religion, nationality, and social group. The last category, social group, usually refers to people with certain characteristics that a particular society might lump together and have generally unfavorable attitudes about, such as homosexuals. The law generally does not include people who fled their homes due to civil wars, generalized violence, and criminal prosecution. However, even these reasons may suffice if they can be connected to one of the five listed reasons.

5. Not be a dangerous person. Finally,international law recognizes that countries have the right to exclude asylum seekers who may be a danger to society. These include those who have committed serious crimes, pose threats to national security, or who have committed war crimes or "crimes against humanity".
Initeresting read: The Asylum Process

Note that "the Department of Justice has denied over 80% of what are called 'defensive asylum applications...' "
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Old 03-22-2011, 04:34 PM
 
Location: NW Houston
1,150 posts, read 1,935,074 times
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Criteria #4 is interesting. The only relevant category would seem to be to claim that law enforcement constitutes a "social group". It also says civil war and "generalized violence" are generally disallowed.

From your link, only 19% of "affirmative" asylum cases are approved. Given that she entered the US with the purpose of applying I would think she is going this route. Defensive asylum is for those under removal proceedings. Illegals who do not succeed with affirmative asylum are placed in removal proceedings and automatically become defensive asylum cases.

It all just reinforces my opinion that she will have a very hard time winning asylum in the absence of previous personal injuries or losses, unless politics intervenes. Someone like the family members of the activist killed in Juarez (whose daughter had previously been killed and whose brother-in-law was soon after killed) would have a strong case. As would the family who lost three brothers and a sister-in-law for protesting army corruption. There are so many who have a list of dead relatives and body full of scars fighting for asylum.
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Old 03-22-2011, 06:09 PM
 
972 posts, read 2,534,762 times
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I understand, then you have to be your family killed or be tortured to apply for asylum.

This thread goes nowhere, if she receive the asylum ok, if not is not our business, move on!
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