Submitted by: Submitted by measter11
Views: 104
Words: 2240
Pages: 9
Category: Other Topics
Date Submitted: 06/21/2014 05:00 PM
To:
From:
Date: May 10, 2014
Re: Jane Doe, Asylum
FACTS
Jane Doe, a 14 year old minor from Canada, is seeking asylum in the United States on her own behalf or by and through her uncle Billy Doe. John Doe, Jane’s father, wants Jane to be returned to Canada with him. This issue is that Jane Doe is seeking asylum and does not want to return to Canada. The relief sought is in the form of a petition being granted for asylum in the United States. Jane Doe was in New York staying with her mother Anne for her break from school. She was not getting along with her mother, so Jane called her father John and asked him if she could go home early. John told Jane that she needed to stay with her mother until her break was over and then come home. Two days after Jane spoke to her father, she left a message for both of her parents saying that she was going to go live with her uncle Billy in California and that she hated both of her parents and did not think that either one of them really cared about her. Jane’s mother, Anne, went to go to the airport to stop her daughter from leaving, but was killed in a car accident on her way there. Jane is refusing to return to Canada saying that she is scared to go back because she is physically abused by her father and that if she returns to Canada she will be used as a political propaganda tool. Billy Doe, Jane’s uncle, wants to file a petition on Jane’s behalf for asylum if Jane is unable to do so herself.
ISSUE
1. Whether Jane Doe, a minor, can petition for asylum in the United States on her own behalf.
2. Whether Billy Doe, a non-custodial family member, can petition for asylum on Jane Doe’s behalf.
3. Whether Jane Doe’s allegations of abuse will qualify her for a petition for asylum.
4. Whether Jane Doe’s allegations of being used as a political propaganda tool will satisfy a petition for asylum.
RULE
1. Gonzalez v. Reno, 212 F. 3d 1338 (2000).
In Gonzalez v. Reno, Elian Gonzalez, a 6 year...