Ethiopian Marathoner Makes Defiant Gesture for Asylum at Race’s Finish

If you were watching the Men’s Marathon yesterday at the Olympics, you may have been caught off guard by the actions of the Silver Medalist, Feyisa Lilesa, as he approached the finish line. Comfortably ahead of American and Bronze Medalist, Galen Rupp, and behind Gold Medalist, Eliud Kipchoge, he held his hands up in a seemingly X pattern above his head. In running, making an X signal above your head is a sign of distress and that you cannot articulate it, but you need assistance immediately.

Mr. Lilesa did not need medical assistance. Instead, his X was symbolic, and he was signaling that his life and the lives of his family members and tribe (Oromo) in Ethiopia are in danger. Post race comments that he gave clarified why he made the distress signal. They also elucidated the levels of danger that his family members and tribe suffer in Ethiopia as the ruling government has cracked down severely in certain areas of the country. The state broadcaster in Ethiopia did not air a replay of the finish because the X signal has been a symbol of solidarity among the Oromo tribe.

The comments that made indicate that he will be seeking asylum. Asylum is an internationally recognized basis for migration and countries in the Western Hemisphere often end up providing safehaven for those escaping persecution in other areas of the world. Countries have different laws for obtaining asylum. The United States’ standard for asylum is developed upon establishing past persecution or a well-founded fear of future persecution. It also requires that persecution to emanate from one of five protected grounds: race, religion, particular social group, political opinion, or nationality. These categories are developed through case law in immigration courts and through the federal courts. The government in the home country is either the persecutor or it is unable or unwilling to stop the persecution from occurring. Asylum can be a difficult proposition because the asylum seeker cannot just claim that his or her country is in chaos, civil war, rebellion, or unrest. The seeker needs to demonstrate past persecution has happened or that there is a well-founded fear he or she will be targeted for harm in the future.

Seeking Asylum in the U.S.

To seek asylum, a seeker must be in the United States. It can be a slog of a process, especially since adjudication times for affirmative asylum have skyrocketed into 2.5-3 years. For those unable to obtain asylum, there may still be an option through withholding of removal. Asylum cases require a lot of preparation and documentation to establish the veracity of the seeker’s claims. Filing for asylum affirmatively (with USCIS and not with the immigration court) requires an interview with an Asylum Officer at a designated Asylum Office.

The post Marathoner Calls for Asylum appeared first on Wood Immigration Law.

Meb’s Journey to the U.S.

Eritrea is a small east African nation that suffered a 30 year civil war with Ethiopia, with which it was a part of when Ethiopia became a sovereign nation. Eritrea finally gained its independence, but in the years of civil war, life was dangerous for many Eritreans. Meb’s father was a liberation supporter. With civil war raging, Meb’s family had to escape. They temporarily escaped to refugee camps in Italy. Italy was a colonial conqueror of Ethiopia and Eritrea.

In Italy, Meb’s family was accepted as refugees to the United States. They settled in San Diego when Meb was 12 years old. In high school, Meb realized that he had world class speed, and he attended UCLA on a scholarship for track and field. He became a naturalized US citizen in 1998 in Los Angeles. Fittingly, it was at the Los Angeles Marathon on February 13, 2016 that Meb qualified for the Olympics Marathon.

One of Meb’s great American moments was winning the Boston Marathon in 2014. The Boston Marathon is the most prestigious long distance event, drawing the best distance runners in the world to compete against each other. His victory was momentous for many reasons, chief among them being that American men do not often win the event and because it was the year after the terrorist bombing at the finish line. Meb ran the race in American flag colors and soared to his personal best time of 2:08:37.

A Small Part of the American Immigration System

The United States accepts thousands of refugees and asylum seekers each year. It is a pathway to permanent residence and citizenship, as well. Meb is a great example of American Olympic spirit, but also of the American immigration system. The immigration system has 4 basic pathways to entry: family, employment, humanitarian, and lottery. The humanitarian aspect can often be lost in the shuffle. On Sunday, it will be on full display when Meb runs 26.2 miles for the United States and aims to capture an Olympic Gold Medal. Both for his athletic prowess and his incredible story of perseverance, Meb is an inspiration for Americans.

The post Refugee into Olympian – MEB appeared first on Wood Immigration Law.

It is being reported that there are over half a million pending cases in the federal immigration courts. The number has grown by over 200,000 over the past five years, which is attributed to the increase in unaccompanied minors crossing the border. CBS DFW writes:

Cases of newly arrived immigrants facing deportation have been made a priority, but the backlog still means that many immigrants are likely to face years long delays before a judge makes a final decision on their cases. And while people are waiting to go before a judge, their case could dramatically change, for good or bad.

A spokesperson for the courts reported that there have been 34 immigration judges hired since the beginning of the year and that there are plans to hire an additional 100 judges. A pending budget proposal would allow for a total of 399 immigration court judges.

The post Immigration Court Cases appeared first on Wood Immigration Law.

Today, June 20, is World Refugee Day. UNHCR is the UN’s refugee arm and responsible for refugee placement around the world. The past few years have been especially tumultuous for refugees. Refugee re-settlement in Europe and the United States has invoked resistance from Europeans and Americans. Syrian and Middle-Eastern refugee resettlement seemed promising in Germany, but Germany has since soured on allowing refugees and neighboring countries have been vociferously defiant in permitting resettlement. A multitude of problems in European countries have been blamed on refugees. Political parties that tout refugee restrictions have gained in popularity to unheralded heights. They have developed from fringe parties to moving the national dialogue and receiving substantial portions of votes. States in the United States have sued the federal government, demanding that refugees not be re-settled in their states. Migrants escaping from North Africa and the Middle East have been stranded at sea and drowned in the Mediterranean.

In the midst of worldwide controversy on refugee resettlement, the UN is celebrating World Refugee Day. Cities through the US are celebrating their local communities. For example, Columbus has a large Somali refugee population. Central New York is home to many refugees from the Yugoslav civil war. The UN is promoting stories of refugees who have seized their opportunities in their new countries and have excelled. The UN is also collecting signatures for a petition it will deliver to the UN General Assembly when it meets in New York City on September 19. The petition is requesting that governments around the world:

• Ensure every refugee child gets an education

• Ensure every refugee family has somewhere safe to live.

• Ensure every refugee can work or learn new skills to make a positive contribution to their community.

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The Asylum office is badly behind on scheduling interviews for prospective asylees. It usually took 3 months to hold an interview after applying for asylum affirmatively with USCIS. The process has exceeded 2 years and has encroached beyond 2.5 years at times.

One little victory: the interview dates have moved from October 2013 to January 2014 in the Arlington office’s jurisdiction (Pittsburgh is in the Arlington jurisdiction). If you filed an application in January 2014, they are finally scheduling your asylum interview.

This could be Pyrrhic. Future releases of the interview schedule may stall at January 2014, much like the past few months of scheduling have remained on pause. Perhaps this could augur the beginning of the normalization of the scheduling process.

The post Asylum Interview Dates Update appeared first on Wood Immigration Law.

Valedictorian Reveals Status in Tweet

Mayte Lara Ibarra did not reveal her undocumented immigrant status in her valedictorian speech to her Texas high school. However, she sent a Tweet that announced herself as undocumented. Her Tweet celebrated her academic success: GPA, APs, honorariums, and full scholarship to the University of Texas (and a mention of her physical beauty).

She has received a social media avalanche – an outpouring of support and congratulations and vitriol and hatred. The University of Texas does not discriminate by resident status, so her academic scholarship remains in tack.

The Supreme Court is expected to decide the DACA/DAPA case (U.S. v. Texas) by the end of the month. Its ruling will have ramifications for millions of undocumented individuals in the United States.

The post Undocumented Valedictorian appeared first on Wood Immigration Law.

TX Valedictorian Reveals Undocumented Status During Speech

Larissa Martinez graduated from her Texas high school with a 4.95 GPA, 17 AP classes, and is receiving a full scholarship to Yale. During her valedictorian speech, she revealed that she is an undocumented immigrant. Her mother escaped with Larissa and her sister to the United States to escape her abusive alcoholic father. You can watch her speech here.

“I am one of the 11 million undocumented immigrants living in the shadows of the United States,” said Larissa Martinez, the valedictorian at McKinney Boyd High School in McKinney, Texas during her June 3rd address to the 2016 graduating class. “I decided to stand before you today and reveal these unexpected realities, because this might be my only chance to convey the truth to all of you that undocumented immigrants are people too.”

The Supreme Court is expected to decide the DAPA/DACA case (U.S. v. Texas) by the end of the month. Its ruling will have serious ramifications for millions of undocumented individuals in the United States.

The post Undocumented Valedictorian appeared first on Wood Immigration Law.

Another surge of migrants is occurring at the United States border. The United States witnessed a tremendous surge in the number of unaccompanied children crossing the border into the United States in the summer of 2014. The majority of these minor unaccompanied children came from Southern American countries that are beleaguered by violence, gang warfare, and lawlessness.

The article notes that the US is making extra efforts to discourage “irregular” migration. Department of Homeland Security Secretary Jeh Johnson made a trip to Central American countries to warn people that the United States is not welcoming to it. A public relations campaign is underway in Honduras, Guatemala, and El Salvador to discourage future asylum seekers from entering the country. That is in addition to the detention centers that the government houses migrants in, which have received attention for subpar conditions.

Asylum is a difficult proposition for the majority of recent Central American arrivals, whose claims are often based on gangs. The US stresses that its message is “Don’t come. If you do and your asylum claims are denied, we will remove you.”

The post Another Border Surge appeared first on Wood Immigration Law.

Reuters is reporting that US immigration officials are planning for sweeping deportation raids in May and June. The target is Central America mothers and children who unlawfully crossed the border and have an order of removal against them. Their planned raids are expected to be more comprehensive than their raids in January, which received attention.

The post Deportation Raids Are Back appeared first on Wood Immigration Law.

The Office of Immigration Statistics for the Department of Homeland Security released information on the Refugee and Asylum programs for 2014. Here are some highlights:

• 69,975 people were admitted as refugees. Iraq, Burma, Somalia, and Bhutan were the leading countries of nationality. 74% of all refugees came from those four countries. The refugee cap was 70,000 for the year.
• 23,533 people were granted asylum. DHS granted asylum to 14,758 of them. The Executive Office for Immigration Review granted asylum to the remaining 8,775 people.
• 55% of admitted refugees live in ten states. Texas, California, New York, Michigan, Florida, Arizona, Ohio, Pennsylvania, Georgia, and Illinois are the states in order of highest number of arriving refugees.
• China, Egypt, Syria, and Ethiopia had the most granted asylum cases. China accounted for over a third of all asylum grants. Mexico was number 7, Haiti was number 9, Guatemala was number 10.
• 47% of those individuals granted asylum in 2014 reside in California.

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