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Blandon Law Immigration

Wednesday, September 25, 2013

Do NOT need to provide DIRECT PROOF of nexus

     In asylum cases, foreign nationals need to demonstrate that the harm they suffered (or fear that they will suffer) is on account of race, religion, nationality, political opinion or membership in a particular group.  This is known as the nexus, or connection, between the harm and the reason for the harm.
     Recently,  a federal court ruled that it was wrong to require an asylum applicant to provide direct proof of the nexus.  In other words, the federal judges ruled that the Immigration Judge and  the Board of Immigration Appeals were wrong when they denied asylum to the man from Nepal.
      It is important to hire an experienced immigration lawyer who knows when Immigration Judges make mistakes.  Only someone who knows the law, including the recent cases, can appeal the case to a higher authority and maybe win.  That's why if you are considering asylum, you should call the Weston, Florida office of Blandon Law at (954) 385-0157.  The author is certified by the state's association of lawyers as an immigration expert.
      In this case, the Fifth Circuit repeated what is known to experienced attorneys:  asylum applicants need to provide proof -- either direct OR CIRCUMSTANTIAL -- that the persons causing the harm know about the applicants' political opinion and will likely harm them because of it.

Monday, September 9, 2013

Scholarships for Asylees and Refugees

     Over 45 years ago, my parents fled from Cuba without a penny to their name to escape the Communist government there.  Everything that I am or ever will be, I owe in large part to them.  That is why it is with great pleasure that I announce the creation of a non-profit to help foreign nationals achieve their educational goals: Asylees as Authors.  Because scholarships helped me get to college, university and law school, they are now available to asylees and refugees.
     The Weston law firm of Blandon Law works hard to help foreign nationals to obtain asylum.  Likewise, I am starting this non-profit to let asylees and refugees obtain higher education.  The scholarships -- $5,000 for first place and $1,000 for second place -- are awarded based on an annual short story contest.
     For the method of submitting your entry, and other information, go to the link here.

Wednesday, September 4, 2013

Right to Testify in Immigration Court

     Foreigners who are applying for asylum before an Immigration Judge are given time to explain what happened in their home countries.  They are also usually allowed to present all documents that they think might demonstrate that they will be harmed in their home country.  That's what an asylum hearing is all about.
      If an Immigration Judge denies the case without allowing the foreigner the opportunity to testify, the case will be reversed on appeal.  In other words, if this happens, you should immediately contact the Weston immigration law firm of Blandon Law at (954) 385-0157.  There is a 30 day deadline to file an appeal.
     In the case of Oshodi v. Holder, decided just last month (August 2013), the Ninth Circuit ruled that asylum applicants have a constitutional right to testify.  The Immigration Judge in that case wrongfully limited the foreigner's words to his responses to cross-examination.
     We look forward to helping you fulfill your immigration goals.

Monday, September 2, 2013

Judges Cannot Deny Based on Credibility Without Saying WHY Documents Are Available

     The REAL ID Act, a law which was passed in 2005, included parts that related to immigration.  On a positive note, it eliminated the 10,000 annual limit for asylees to become legal permanent residents.  As a result, a wait for a green card that used to take over 10 years became a one year wait.
     Unfortunately, the law also works against asylum applicants by requiring that they provide all documents that are "reasonably obtainable."  Applicants can only rely on their own testimony if they cannot provide the evidence.  For example, if an applicant filed a police report against someone who attacked her in her home country, she may be required to provide the police report.
      Immigration Judges use this law to deny asylum whenever applicants do not provide documentary proof.  Recently, the Second Circuit ruled that this was wrong.  It held that Immigration Judges must explain WHY the documents are reasonably available.
      If your asylum case was denied for credibility, please call the Weston law office of Blandon Law at (954) 385-0157 for a possible motion to reopen.

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