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Thursday, February 14, 2013

Detention IS Persecution

       In order to win an asylum case, foreigners must prove that they were harmed on account of specific grounds.  Surprisingly, not all harm qualifies.  The harm must rise to a level known as PERSECUTION.  Because that term is not neatly defined in the law, immigration judges and asylum officers can interpret it differently.
     The Eleventh Circuit, which controls cases in Florida, held several years ago that attempted murder (someone shooting at foreigners) was persecution.  This month, the Eleventh Circuit expanded the definition of persecution even more.  BY LAW, foreigners who are detained against their will, slapped and threatened with other abuse are persecuted and eligible for asylum.
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