Asylum rejected

A

asyseeker

Registered Users (C)
Hi all,
I had my asylum interview and last week I got the decision that my asylum had been rejected and I had been refered to court. I was surprised because my interview had gone pretty well. It went on for more than an hour and I had answered all qns and showed lot of documentation. I had shown with various proofs that I was persecuted in the past and my family is currently been persecuted. The officer seemed satisfied when I answered all the questions and showed him the documents. However they rejected me saying that I have not proved sufficiently that I will be persecuted in the future if I go back. Is this a common thing? Has anyone experienced this before? Now I am worried about whats going to happen in the court :(
 
Thankful: Yes, it said I have demonstrated past prosecution but not sufficiently demonstrated future prosecution. Like I said I had shown and provided proof that my family is currently been prosecuted.

AOS: I already have a lawyer who was also with me.

I am thinking what I am supposed to do in this case. I thought I had enough proof and the lawyer had said that it was sufficient to prove. I don't know what more they need??? letter from prosecuters??(joke):confused:
 
First I think you mean persecution. Don't get that confused.
My advice is to talk to your current lawyer and call some other
good ones and ask for their advice. Court judges are known for
being less apathetic to asylum seekers. But the good thing is
that you either get it or not. This might save you years of wait
to just get a ayslum status not to mention a green card. So now you
should work on how to persuade the court that you will be persecuted
upon return. Talk to your lawyer about it and prepare for more evidence.
This is serious stuff not like adjustment of statue which is just a matter of waiting.
 
hi AOS...honestly I would rather hang in here and work than be sent back n beaten, jailed etc. I know its hard to wait for GC but whats better?

By "not apathetic" you mean that they are more likely to grant asylum after been shown evidence of persecution right?

I am just curious how many people get through at interview level and how many get granted by judges? any statistics on it?
 
asyseeker said:
Hi all,
I had my asylum interview and last week I got the decision that my asylum had been rejected and I had been refered to court. I was surprised because my interview had gone pretty well. It went on for more than an hour and I had answered all qns and showed lot of documentation. I had shown with various proofs that I was persecuted in the past and my family is currently been persecuted. The officer seemed satisfied when I answered all the questions and showed him the documents. However they rejected me saying that I have not proved sufficiently that I will be persecuted in the future if I go back. Is this a common thing? Has anyone experienced this before? Now I am worried about whats going to happen in the court :(
Click to expand...

which asylum office did you go to because I had my interbiew with the Nebraska Service Center and I still do not have the results?
 
asyseeker said:
Thankful: Yes, it said I have demonstrated past prosecution but not sufficiently demonstrated future prosecution. Like I said I had shown and provided proof that my family is currently been prosecuted.

AOS: I already have a lawyer who was also with me.

I am thinking what I am supposed to do in this case. I thought I had enough proof and the lawyer had said that it was sufficient to prove. I don't know what more they need??? letter from prosecuters??(joke):confused:
Click to expand...

Did you have documentation that other people (relatives or friends)have since been persecuted since you left your country.
 
asyseeker said:
Thankful: Yes, it said I have demonstrated past prosecution but not sufficiently demonstrated future prosecution. Like I said I had shown and provided proof that my family is currently been prosecuted.

AOS: I already have a lawyer who was also with me.

I am thinking what I am supposed to do in this case. I thought I had enough proof and the lawyer had said that it was sufficient to prove. I don't know what more they need??? letter from prosecuters??(joke):confused:
Click to expand...

Why did they say that you have no fear of future persecution (if you can answer me without revealing personal information)?

The rule is that once you demonstrated past persecution, you do not have to prove future persecution. The burden is on them to prove that you have no future persecution. So they need to come forward with evidence not you.
 
Yes, I did have the required documentation, various newspaper reports etc.

I didnt know that they have to prove that I can't be persecuted in the future. But that's what the letter says that I have not sufficiently proven that the persecution will continue if I relocate back. They didn't give any reasons for their beliefs. It just says that I have been referred to the court due to the above reason :confused:
 
thankful said:
Why did they say that you have no fear of future persecution (if you can answer me without revealing personal information)?

The rule is that once you demonstrated past persecution, you do not have to prove future persecution. The burden is on them to prove that you have no future persecution. So they need to come forward with evidence not you.
Click to expand...


Yes thats right. So they have some information for the country where he/she fears persecution that conditions are either changed or is changing; ie Human Rights report from State Department or some similar report.
 
asyseeker said:
hi AOS...honestly I would rather hang in here and work than be sent back n beaten, jailed etc. I know its hard to wait for GC but whats better?

By "not apathetic" you mean that they are more likely to grant asylum after been shown evidence of persecution right?

I am just curious how many people get through at interview level and how many get granted by judges? any statistics on it?
Click to expand...

They are more decisive than officers. If your cases convinces them, you get your final approval right way. If not........Have you heard Americans judges are gods.
 
I dont know of any state dept report that they might have but the conditions havent changed for my family for sure. I tried to show them that but maybe he didnt believe me even tho I shoed evidence :confused:
 
thankful said:
Why did they say that you have no fear of future persecution (if you can answer me without revealing personal information)?

The rule is that once you demonstrated past persecution, you do not have to prove future persecution. The burden is on them to prove that you have no future persecution. So they need to come forward with evidence not you.
Click to expand...

I am not sure if that is so. May be theoretically, but is it really practiced in immigration system that THEY have to come come with ANY supporting evidence? I remember my interview and my preparation for the interview. My attorney prepared a lot of documentation, including the reports from the state.gov showing that the situation in my country is such that should I return, the persecution would continue. And the LARGE portion of my interview was about why I believe that if I return, I will not be safe in my country. The officer asked me so many questions pertaining to future persecution, many more than about past persecution. And my attorney was there validating my answers with the various documents. So, my impression was that it was my responsibility to prove that it is not safe for me to return home. The future persecution appeared to have much more significance than the past persecution. I think, it is unrealistic to expect the USCIS to come up with the documentation that denies or proves the future persecution. It just does not make sense for them to do it. So, if the person is going to the court , they should prepare that evidence very diligently and demonstrate it to the judge.
 
Statistics on asylum cases before judges

asyseeker,

here are some sites which may provide you with some reassurance (or not!) on the statistics on asylum grants by immigration judges:

http://www.usdoj.gov/eoir/efoia/FY05AsyStats.pdf (for 2005)

http://www.usdoj.gov/eoir/statspub.htm (various)

http://trac.syr.edu/immigration/reports/judgereports (by judge, if you know which one you're getting, you'll find out when you get a Notice to Appear in court)

http://trac.syr.edu/immigration/reports/ (various)

http://www.asylumlaw.org/legal_tools/index.cfm?fuseaction=showJudges2004
(may require registration by attorney)

Hope that helps. And Good Luck!
 
doctorn said:
I am not sure if that is so. May be theoretically, but is it really practiced in immigration system that THEY have to come come with ANY supporting evidence? I remember my interview and my preparation for the interview. My attorney prepared a lot of documentation, including the reports from the state.gov showing that the situation in my country is such that should I return, the persecution would continue. And the LARGE portion of my interview was about why I believe that if I return, I will not be safe in my country. The officer asked me so many questions pertaining to future persecution, many more than about past persecution. And my attorney was there validating my answers with the various documents. So, my impression was that it was my responsibility to prove that it is not safe for me to return home. The future persecution appeared to have much more significance than the past persecution. I think, it is unrealistic to expect the USCIS to come up with the documentation that denies or proves the future persecution. It just does not make sense for them to do it. So, if the person is going to the court , they should prepare that evidence very diligently and demonstrate it to the judge.
Click to expand...

It is the rule spelled out in the Federal Code of Regulations. The rule has been followed by the BIA and the federal courts.
 
pho3n1x said:
asyseeker,

here are some sites which may provide you with some reassurance (or not!) on the statistics on asylum grants by immigration judges:

http://www.usdoj.gov/eoir/efoia/FY05AsyStats.pdf (for 2005)

http://www.usdoj.gov/eoir/statspub.htm (various)

http://trac.syr.edu/immigration/reports/judgereports (by judge, if you know which one you're getting, you'll find out when you get a Notice to Appear in court)

http://trac.syr.edu/immigration/reports/ (various)

http://www.asylumlaw.org/legal_tools/index.cfm?fuseaction=showJudges2004
(may require registration by attorney)

Hope that helps. And Good Luck!
Click to expand...

thanks....it helps a lot, but what I realized is the place I am going to seems to have tough judges :( From the stats you posted NY seems to be the best place. In any case, just wondering, is it possible to change a judge somehow (moving or whatever) if I get a assigned a judge with low approval rates?
 
I was wondering if any of you could tell me where to find the IJ's name ( who's going to interview you) in the Notice of Appear. I read it three times and still couldn't find any names.
 
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