Jane's Asylum

Jane’s Asylum

Legal Memorandum

PA401: Advanced Legal Writing

Professor: David Weigel

Kaplan University

Sandra Luckie

April 4, 2011

LEGAL MEMORANDUM

To: David Weigel

From: Sandra Luckie

Re: Jane’s Asylum

File # Unit 9 Final

Date: April 4, 2011

Statement of Facts:

Here are the facts concerning Jane’s Asylum and whether or not her Uncle can file this on her behalf. First off Jane is a minor who lives with her father full-time in Quebec, Canada and with her mother during school break and on special holidays. It was during one of these holidays that she had a falling out with her mother and wanted to go home to her father, whom told her she needed to work it out with her mother. She left a note with her mother stating that she was going to California to live with her Uncle who is only 21 years old. Her mother frantic races towards the airport and get into an accident and gets killed. Her father has received the same message as the mother.

Issues:

1. Under U.S. Immigration Law, can Billy, a non-custodial relative, file a petition for asylum for his 14 year old niece, Jane?

2. Under U.S. Immigration Law, can Jane, a 14-year old minor, file her own petition for asylum?

3. Under U.S. Immigration Law, can a claim of physical abuse and for the possibility of a minor child being used as political or governmental propaganda, constitute grounds for the filing of a petition of asylum in the U.S.?

Rule:

Under U.S. immigration Law, can Jane, a 14 year old minor, file her own petition for asylum? Yes. Under U.S. Immigration Law, can Billy, a non-custodial relative, file a petition for asylum for his 14 year niece? No. Lastly, under U.S. immigration Law, can a claim of physical abuse and for the possibility of a minor being used as political or governmental propaganda; constitute grounds for the filing of a petition for asylum in the U.S.? Yes

Analysis and Discussion:

1. According to U.S. Immigration Law, a 14 year old minor can indeed file for...