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Old 03-22-2011, 07:48 PM
 
Location: NW Houston
1,150 posts, read 2,702,137 times
Reputation: 637

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That's not what I said, try to read for comprehension, please.
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Old 03-26-2011, 11:41 AM
 
47,578 posts, read 55,218,010 times
Reputation: 22053
Quote:
Originally Posted by DiverTodd62 View Post
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.
I think she and her entire extended family will win asylum just from the politics of it all.

The only threat made to her was in the form of a text message she claims to have received and she never reported any threat to her superiors.

She apparently took her son over the border to the free hospital in El Paso on Monday morning and decided she liked it more in El Paso so never went back to work or back home. Now her whole family is here and seeking asylum benefits.
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Old 03-26-2011, 12:00 PM
 
Location: Axixic, Jalisco, MX
1,278 posts, read 2,646,423 times
Reputation: 754
Quote:
Originally Posted by malamute View Post
I think she and her entire extended family will win asylum just from the politics of it all.

The only threat made to her was in the form of a text message she claims to have received and she never reported any threat to her superiors.

She apparently took her son over the border to the free hospital in El Paso on Monday morning and decided she liked it more in El Paso so never went back to work or back home. Now her whole family is here and seeking asylum benefits.
There are no "asylum benefits" in the U.S.

She cannot get asylum and I'm sure she has been told that.
Electronic Code of Federal Regulations:
8 CFR 208 Title 8: Aliens and Nationality

§ 208.13 Establishing asylum eligibility.


Quote:
(a) Burden of proof. The burden of proof is on the applicant for asylum to establish that he or she is a refugee as defined in section 101(a)(42) of the Act. The testimony of the applicant, if credible, may be sufficient to sustain the burden of proof without corroboration. The fact that the applicant previously established a credible fear of persecution for purposes of section 235(b)(1)(B) of the Act does not relieve the alien of the additional burden of establishing eligibility for asylum.

(b) Eligibility. The applicant may qualify as a refugee either because he or she has suffered past persecution or because he or she has a well-founded fear of future persecution.

(1) Past persecution. An applicant shall be found to be a refugee on the basis of past persecution if the applicant can establish that he or she has suffered persecution in the past in the applicant's country of nationality or, if stateless, in his or her country of last habitual residence, on account of race, religion, nationality, membership in a particular social group, or political opinion, and is unable or unwilling to return to, or avail himself or herself of the protection of, that country owing to such persecution. An applicant who has been found to have established such past persecution shall also be presumed to have a well-founded fear of persecution on the basis of the original claim. That presumption may be rebutted if an asylum officer or immigration judge makes one of the findings described in paragraph (b)(1)(i) of this section. If the applicant's fear of future persecution is unrelated to the past persecution, the applicant bears the burden of establishing that the fear is well-founded.

(ii) An applicant does not have a well-founded fear of persecution if the applicant could avoid persecution by relocating to another part of the applicant's country of nationality or, if stateless, another part of the applicant's country of last habitual residence, if under all the circumstances it would be reasonable to expect the applicant to do so.

(iii) In evaluating whether the applicant has sustained the burden of proving that he or she has a well-founded fear of persecution, the asylum officer or immigration judge shall not require the applicant to provide evidence that there is a reasonable possibility he or she would be singled out individually for persecution if:
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Old 08-28-2011, 10:49 AM
 
Location: Axixic, Jalisco, MX
1,278 posts, read 2,646,423 times
Reputation: 754
Quote:
Mexico’s Drug War Refugees Rarely Secure Asylum In United States

"More than 3,200 Mexicans filed asylum applications in fiscal year 2010, with 1,671 being withdrawn, and only 49 cases granted — a success rate of just 1.5 percent. In comparison, the U.S. granted asylum last year to 234 out of 563 Colombian applicants (41.6 percent) and 3,795 out of 10,087 Chinese applicants (37.6 percent), according to the Executive Office of Immigration Review.

Nationally, judges denied 86 percent of asylum applications from Mexico between 2008 and 2010, according to the Transactional Records Access Clearinghouse, a non-partisan database that documents U.S federal immigration enforcement."
Mexico’s Drug War Refugees Rarely Secure Asylum In United States
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Old 08-28-2011, 04:33 PM
 
Location: Duluth, Minnesota, USA
7,653 posts, read 13,790,672 times
Reputation: 6573
She is beautiful!
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Old 08-28-2011, 04:44 PM
 
Location: Axixic, Jalisco, MX
1,278 posts, read 2,646,423 times
Reputation: 754
Quote:
Originally Posted by tvdxer View Post
She is beautiful!
I don't see it, but to each his own. Maybe appearance should be added to the Code so we can keep ugly people out.

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