Topics to Discuss…Topics to Discuss… PersecutionPersecution Refugee vs. AsyleeRefugee vs. Asylee DeportationDeportation Case Strategy Case Strategy Trial AlternativesTrial Alternatives Post Trial Post Trial Post Order OptionsPost Order Options

DHS OrganizationDHS Organization USCIS OrganizationUSCIS Organization Executive Office for Executive Office for

Immigration Review Immigration Review US Circuit Courts of US Circuit Courts of

AppealAppeal Criminal CourtCriminal Court EAST ASIAEAST ASIA

Persecution Is Based On:•Race- Examples include Apartheid in South Africa, the Holocaust and slavery.

•Religion- Could be forbidding membership in a religion or severe discrimination for people who practice a religion.

•Nationality- Includes citizenship or membership in an ethnic or linguistic group. Examples include Kurds in Iraq and ethnic groups in the former Soviet Union.

•Membership in a particular social group- Examples include members of a tribe, former government employees, or homosexuals.

•Political opinion- Examples include membership or activity in an opposing political party.

PersecutionPersecutionOther serious violations of human rights also constitute persecution, including:

• Slavery

• Prolonged detention without a charge or trial

• Torture

• Overwhelming discrimination

Note: Not all unfair or unjust treatment is considered persecution. Assessments of persecution are made on a case by case basis.

Difference Between a Difference Between a Refugee and an Asylee.Refugee and an Asylee.

A refugee receives A refugee receives permission to come permission to come to the U.S. from to the U.S. from outside of the outside of the country.country.

Refugees are Refugees are resettled with the resettled with the help of a refugee help of a refugee resettlement agency.resettlement agency.

An asylee is already An asylee is already in the U.S. when s/he in the U.S. when s/he applies for applies for protection.protection.

Asylees have to Asylees have to prove that they have prove that they have reason to fear reason to fear persecution in their persecution in their home country.home country.

TOTAL NUMBER OF TOTAL NUMBER OF DEPORTATIONS PER YEARDEPORTATIONS PER YEAR

Source: Office of Immigration Statistics/Department of Homeland's 2008 Yearbook of Immigration Statistics

Deportation ProcessDeportation Process Department of Homeland Security- Department of Homeland Security-

Asylum /officeAsylum /office Executive Office of Immigration ReviewExecutive Office of Immigration Review Circuit Courts of AppealsCircuit Courts of Appeals Motion to ReopenMotion to Reopen

Case StrategyCase Strategy

Trial AlternativesTrial Alternatives Prosecutorial DiscretionProsecutorial Discretion Voluntary DepartureVoluntary Departure Administrative ClosureAdministrative Closure TerminationTermination Motion to SuppressMotion to Suppress

Post TrialPost Trial

Post Order OptionsPost Order Options

Remand

Prosecutorial DiscretionVoluntary Departure

DHS OrganizationDHS Organization

USCIS OrganizationUSCIS Organization

Executive Office For Executive Office For Immigration ReviewImmigration Review

The Executive Office for Immigration The Executive Office for Immigration Review (EOIR) is an agency within the Review (EOIR) is an agency within the US Department of Justice which is US Department of Justice which is responsible for deciding whether responsible for deciding whether immigrants are deportable/removable immigrants are deportable/removable from the United States. The EOIR is from the United States. The EOIR is comprised of the comprised of the Immigration Courts, , the the Board of Immigration Appeals and  and the the Office of the Chief Administrative Hearing Officer (OCAHO). .

Department of Justice Department of Justice EOIR OrganizationEOIR Organization

US Circuit Courts of AppealUS Circuit Courts of Appeal

Criminal Court to Immigration CourtCriminal Court to Immigration Court

ARREST CONVICTIONBOND? RELEASE

ICE CUSTODY ICE BOND?NTA IMMG COURT

ICE Detainer ICE Detainer

48 HOUR RULE

ICE ENFORCEMENT ICE ENFORCEMENT PRIORITIESPRIORITIES

LEVEL 1LEVEL 1 LEVEL 2LEVEL 2 LEVEL 3LEVEL 3

““Aggravated felonies” Aggravated felonies” as defined in INA as defined in INA Section 101(a)(43) Section 101(a)(43) OROR2 or more “felonies” 2 or more “felonies” (i.e., punishable for + (i.e., punishable for + 1yr imprisonment)1yr imprisonment)

One felony conviction One felony conviction OROR3 or more 3 or more “misdemeanor” “misdemeanor” convictions convictions

Convicted of crimes Convicted of crimes punishable by less punishable by less than 1 yearthan 1 year

EXAMPLES: rape, EXAMPLES: rape, murder, kidnapping, murder, kidnapping, weapons and/or drug weapons and/or drug trafficking, robbery, trafficking, robbery, burglaryburglary

EXAMPLES: theft, EXAMPLES: theft, assault, forgery, assault, forgery, property crimes, drug property crimes, drug crimes, auto theft crimes, auto theft offensesoffenses

EXAMPLES: drug EXAMPLES: drug crimes, theft, theft of crimes, theft, theft of services, trademark services, trademark counterfeiting, counterfeiting,

Criminal Charges and Criminal Charges and ConvictionsConvictions

DeportationDeportation Detention – can be anywhere in country, can last Detention – can be anywhere in country, can last

weeks or yearsweeks or years Ineligibility for U.S. citizenshipIneligibility for U.S. citizenship Ineligibility for Adjustment of Status (get green card)Ineligibility for Adjustment of Status (get green card) Inability to be readmitted to U.S. after trip abroadInability to be readmitted to U.S. after trip abroad Any person who is not a U.S. citizen can be deported Any person who is not a U.S. citizen can be deported

– including lawful permanent residents and refugees– including lawful permanent residents and refugees A broad range of offenses – even minor ones – can A broad range of offenses – even minor ones – can

lead to deportation.lead to deportation. Some convictions lead to mandatory deportation – no Some convictions lead to mandatory deportation – no

chance to remain in the U.S.chance to remain in the U.S.

Immigration Status Immigration Status Affects the Criminal ProcessAffects the Criminal Process

Pre-trial releasePre-trial release

Plea bargainingPlea bargaining

SentencingSentencing

Conditions of post-conviction confinementConditions of post-conviction confinement

Lawful Permanent Lawful Permanent ResidentsResidents

LPRs can be deported for a wide range of convictions:LPRs can be deported for a wide range of convictions:

Almost any drug offense – except one-time simple Almost any drug offense – except one-time simple possession of 30g or less of marijuanapossession of 30g or less of marijuana

Aggravated felony – a long list of offenses that have to be Aggravated felony – a long list of offenses that have to be neither aggravated, nor feloniesneither aggravated, nor felonies

Firearm offenseFirearm offense Crime involving moral turpitudeCrime involving moral turpitude Domestic violence, stalkingDomestic violence, stalking Child abuse/abandonment/neglectChild abuse/abandonment/neglect Violating order of protection (civil or criminal finding)Violating order of protection (civil or criminal finding)

Deportations/RemovalsDeportations/RemovalsBased on Criminal Conviction (1993 - 2010)Based on Criminal Conviction (1993 - 2010)

DHS Secretary Napolitano’s October 2010 Announcement of record-breaking statistics for immigration enforcement of “criminal aliens”

East Asia East Asia 1)1) Family Plan => Coercive Population PolicyFamily Plan => Coercive Population Policy

2)2) Religion => Communist ConflictReligion => Communist Conflict

3)3) Chinese Democratic Party CDP => Support of Chinese Democratic Party CDP => Support of North Korean RefugeesNorth Korean Refugees

4)4) Falun Gong FG => Banned CultFalun Gong FG => Banned Cult

POPULATION POLICIESDuring Mao Zedong's rule the population policy of China was “the more people, the stronger we are”, leading to overpopulation and a series of famines.

When Deng Xiaoping took power in 1978, his new policies focused on strengthening China's economy, and he saw overpopulation as a block to economic development.

1970 POPULATION POLICY

In the 1970s the Chinese government had issued three policies to reduce the birth rate:

1 Late marriage – men were encouraged to marry no earlier than 28 years old (25 in rural areas) and women no earlier than 25 years old (23 in rural areas).

2 Longer spacing between births – couples were encouraged to allow at least a four-year gap after the first child before having another baby.

3 Fewer children – it was suggested that urban families should be limited to two children, and rural families to three children.

One Child Policy- Two One Child Policy- Two Child RealityChild Reality

If both parents are only children they are allowed If both parents are only children they are allowed to have more than one child provided the children to have more than one child provided the children are spaced more than 4 years. are spaced more than 4 years.

In most rural areas if the first child is a girl In most rural areas if the first child is a girl couples are allowed to have another childcouples are allowed to have another child

Families who have children with mental or Families who have children with mental or physical disabilities are sometimes allowed to physical disabilities are sometimes allowed to have another child.have another child.

Religion in ChinaReligion in China Religion in China covers a wide range of beliefs and Religion in China covers a wide range of beliefs and

practices including Confucianism, Taoism, Buddhism, practices including Confucianism, Taoism, Buddhism, Christianity, Islam, and the multiple, traditional religious Christianity, Islam, and the multiple, traditional religious practices of many Chinese. Each has played an practices of many Chinese. Each has played an important role throughout the history of China, with important role throughout the history of China, with Confucianism, Taoism, and Buddhism molding the Confucianism, Taoism, and Buddhism molding the culture of the country into what it is today. culture of the country into what it is today.

Since the Communist rule began in October 1949 all Since the Communist rule began in October 1949 all religions have been severely handicapped. This religions have been severely handicapped. This persecution of religion intensified during the Cultural persecution of religion intensified during the Cultural Revolution, beginning in 1966 and ending in 1976 with Revolution, beginning in 1966 and ending in 1976 with the death of Chairman Mao. Gradually, religious the death of Chairman Mao. Gradually, religious freedom is returning to China, but the government still freedom is returning to China, but the government still exerts firm control over what type of religion is suitable exerts firm control over what type of religion is suitable for the Chinese people.for the Chinese people.

Falun GongFalun Gong

Founded in 1992 by Li HongzhiFounded in 1992 by Li Hongzhi A blend of Taoism, Buddhism, and the popular A blend of Taoism, Buddhism, and the popular

religious traditions of China (qigong), with a religious traditions of China (qigong), with a mystical understanding of modern sciencemystical understanding of modern science

Main purpose: the cultivation of vital energies Main purpose: the cultivation of vital energies through truthfulness, compassion, tolerance, through truthfulness, compassion, tolerance, and physical exercises prescribed by Hongzhiand physical exercises prescribed by Hongzhi

Falun GongFalun Gong In order to place the ban on Falun Gong, the In order to place the ban on Falun Gong, the

Chinese Government made specific accusations:Chinese Government made specific accusations:• Falun Gong is an evil cult.Falun Gong is an evil cult.• It is harmful to the physical and mental well-being of It is harmful to the physical and mental well-being of

the people.the people.• It hurts society by disrupting social order and the work It hurts society by disrupting social order and the work

of institutions.of institutions.• It is superstitious and antiscience, hypocritical, It is superstitious and antiscience, hypocritical,

criminal, treasonous, seditious, and well-organized.criminal, treasonous, seditious, and well-organized.

Persecution of Falun GongPersecution of Falun GongIn order to reach transformation targets, the government sanctioned the systematic use of torture and violence against Falun Gong practitioners, including:

Shocks with electric truncheons and beatings;

Black Jails and Re-Education Centers

Psychiatric Abuse

Prisons

Extrajudicial Killing

Torture and Abuse in Custody

Reeducation through labor.Depiction of an example of a torture method, sometimes used in relation to persecution of Falun Gong: a bamboo stick inserted under nails.

Thank You!!Thank You!!