Immigration Law

Immigration Law: Internal Memo

Stephanie Bartles

PA 401 – Unit 1

Internal Legal Memo: Draft

July 7, 2014

Memo

TO: C. Pruitt, Attorney

FROM: S. Bartles, Paralegal

DATE: July 7, 2014

RE: Jane Doe Asylum Case

SUBJECT: Legal issues for asylum by a non-parental relative on behalf of a minor.

1.      Does a minor who refuses to return their native land qualify as a refugee if they have a fear of future persecution?

Applicable Statute

8 CFR §1208.13(b) Establishing asylum eligibility

(b) Eligibility. The applicant may qualify as a refugee either because he or she has suffered past persecution or because he or she has a well-founded fear of future persecution.

2.      Does Jane have the right to be granted asylum because she has a fear of her legal guardian and a fear of being used as a propaganda tool?

Applicable Statute

8 CFR § 1208.13 (2) Establishing asylum eligibility

(2) Well-founded fear of persecution. (i) An applicant has a well-founded fear of persecution if:

(A) The applicant has a fear of persecution in his or her country of nationality or, if stateless, in his or her country of last habitual residence, on account of race, religion, nationality, membership in a particular social group, or political opinion;

(B) There is a reasonable possibility of suffering such persecution if he or she were to return to that country; and

(C) He or she is unable or unwilling to return to, or avail himself or herself of the protection of, that country because of such fear.

3.      Can Billy file a petition for asylum on Jane’s behalf?

Applicable Statute

Gonzalez v. Reno, 212 F.3d 1338 (2000)

Because preexisting law compelled no particular policy...