CASE: Asylum in Immigration Court
CLIENT: Chinese
LOCATION: Elizabeth, New Jersey Immigration Court
Our client, through his relative in the United States, retained us in May 2011 to help him with his asylum case. He is from China and came to the United States with a fraudulent passport. He was not inspected nor admitted into the United States, and was detained in the Elizabeth New Jersey CDF facility. He passed his credible fear interview and at his Master Hearing, with our firm representing him, he applied for asylum, withholding of removal and relief under CAT. Our client is scared to go back home to China, fearing that he will be persecuted on account of his political opinion against the “one-child policy (forced family planning)” in China.
Our client lived in China with his wife and son. However, he learned that his wife was pregnant again early this year. Fearing forced abortion against her, our client told his wife to hide and did not report her pregnancy to the local Family Planning Office. According to our client, forced abortions and sterilization surgeries are common in his village in China. Later, the Family Planning Office personnel came to his house and looked for his wife several times. When they could not find her, they forced to take our client for sterilization surgery. Our client opposed the Family Planning Office and its personnel, and he had a physical altercation with them. The officials punched and beat him. Eventually, our client managed to escape and fled his home town. He left China and arrived in the U.S. in April 2011.
Once retained, we helped him prepare his asylum application. We also asked him to provide supporting documents corroborating his claim, some of which were a letter from his wife, the notarial birth certificate of his son, medical records of his wife, and a family planning procreation and birth healthcare service booklet for his wife. Our firm also did some research on articles pertaining to his particular claim, and the type of persecution he will experience in China if sent back.
Our client’s individual hearing was scheduled on September 12, 2011 at the Elizabeth Immigration Court in New Jersey. Attorney Sung Hee Yu represented our client at the hearing. During the hearing, our client testified credibly as to his past persecution in China and likelihood of future persecution. On September 20, 2011, the Immigration Judge granted asylum relief for our client and our client was subsequently released. He is now an asylee and will be eligible to apply for permanent resident status in one year. He also would obtain his work permit in about two weeks.
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