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I Won! Suck it, Trump (Feel Good Gloating Thread)
- Thread starter BossAttack
- Start date
I can feel your excitement reading that. Feeling happy for both you and the kid. We need more ppl like youI was debating whether or not to make a thread about this, but I figure some people might like to hear some good news as opposed to daily deluge of Trump "victories." Now, I don't really publicize it around here, but I am an Immigration Attorney and have been for a good hot minute or so. And when I started the job, one of the first cases I got was for a LGBT kid from Central America. He was currently detained and about to be deported, but I managed to work some magic and get him into court proceedings for Asylum. I can't go into too much detail as I don't want him identified, but he obviously did not have a great time living in Central America as an LGBT person. His father, who he lived with there, was a complete monster. But, then on top of that he also got threats and nearly killed by various gangs for being a "faggot" until he eventually managed to escape back to the U.S. and live with his mom already here.
As I said, this was one of my first major cases so I've been heavily involved in it from start to finish. The actual hearing was some weeks back, but we finally got the decision from the judge today. ASYLUM GRANTED! So, kid won't have to go back to Central America where he likely would've been killed for being LGBT or be near his shit heel abusive dad. I've had plenty victories before with non-Asylum cases. However, this was Asylum and a close one that almost could've gone the other way due to some evidence DHS presented at trial and my boss' ego (a whole other story). But, we still won. This feels great since so many of the Asylum cases that come our way are pretty weak or outright garbage. And, this was a case where I very much believed the kid would be screwed if he had to go back. Soooo...
Victory. Fuck you, Trump. Suck my dick. We won.
EDIT:
Oh yeah, I forgot to say kid broke down crying on the phone when we told him. So, he's pretty happy right now.
I'm curious, what are some examples of these? Do you mean people who come to claim asylum but don't have a good case for it?
Excellent job! This made my day quite a bit better to hear about. Keep it up and thanks for caring about folks like that boy, I'm sure he appreciates it.
OP
OP
Sadly, no. Though one day all the world will know the light of Revenge of the Sith and cast down the false God that is The Force Awakens.
I can go into more detail later, but most people claiming asylum tend to have very poor asylum cases. The general public, and of course immigrants, tend to not have a clear idea of what asylum is and the standard your claims is analyzed under. In order to qualify for protection for asylum related relief, an individuals must demonstrate "persecution or a well-founded fear of future persecution on account of race, religion, nationality, membership in a particular social group, or political opinion."
The underlined portion is important because the persecution must be on account of one of those basis with "particular social group" (PSG) being the area that you try to wiggle any and everyone you can into. I won't go into too much detail at the moment, but there is a guiding test to determine if someone is a part of a PSG which they can use as a basis for an asylum claim. LGBT individuals are a PSG, individuals with HIV status are a PSG, gender identity can be a PSG (sometimes), but being a target of gang recruitment is most definitely not one. And, the majority of immigrants stories are the same, especially those coming from Central America.
It's typically A) I was of the age for gang recruitment, the gangs told me to join or die, I refused, they threatened to kill me so I fled OR B) the gangs control my village, they force everyone to pay "renta," I don't have the money to pay, so I fled. Neither of these are persecution on account of race, religion, nationality, political opinion, or membership in a PSG. Asylum laws are about you being targeted because something is special or different about you, but if everyone is suffering then they aren't going to grant asylum to everyone from a country. It's terrible that the gangs are forcing you to pay rent or want to recruit you, but those are not protected classes for asylum.
Now, for those individuals they can apply for protection under the UN Convention Against Torture (CAT). With CAT, you don't need to show membership in any class, only that you have been or will be persecuted in the future. However, the standard of proof is much higher and you have to show both A) government acquiesce ie the government of your country actually participates in your torture/persecution or they are willfully blind to it (they know but don't do anything to stop it) and B) that internal relocation in your country is not possible. For most claimants, this is pretty hard to prove. Again, the typical cases are the ones above. And when you start asking questions, it goes like this:
Did you go to the police? No.
Well, why? Because the police don't do anything or are corrupt over there.
Okay, but how do you know that? I hear it on the news.
But, how can you say they don't do anything when you never told them? Because everyone knows that over there.
Yes, but did you ever witness the police ignore a crime committed in front of them or witness any corruption? No.
Do you know any family members or friends harmed or ignored by the police? No.
Okay, did you try to move to a different part of the country? No.
Do you have any family members back home? Yes, my parents and all my siblings.
Do they live in a different area? Yes, they live an hour away.
And, has anyone threatened or harmed them? No.
Then why didn't you move to their area? There's no work there or I wanted a better future in America.
And, there goes your case.
Knew you were an attorney but didnt know immigration attorney!
That's some heroic stuff being that kind of shield for those that need it.
Vic BossAttack
That's some heroic stuff being that kind of shield for those that need it.
Vic BossAttack
So if most of these asylum seekers are migrating due to gang violence/recruitment (as is reported by the media) and it is fairly well known that this type of claim is denied under the current rules then why do so many seek asylum and why is it widely reported that they have legitimate asylum claims?
OP
OP
The news media in general has absolutely no idea what the fuck they are talking about when it comes to immigration. Like none. So many preconceptions were smashed once I took this job.
CONGRATS TO YOU AND HIM!! You saved his life. :D I legit grinned hard reading your OP. I too am an asylee who was granted my status some time ago and I absolutely appreciate what you and so many others in your profession do for others. It's life changing and saving.
Question: so if i cross the border, turn myself into a border patrol agent (not at an official port of entry) and immediately ask for asylum, have i broken any laws or must my asylum claim be reviewed for legitimacy?
Wow, you definitely should be proud of that. You likely have saved his life, or at least made it a whole lot better and safer for him to live it. It's great to hear about these kinds of successes.
