CASE: Bond Redetermination Hearing
APPLICANT: Chinese
LOCATION: Florence Immigration Court, AZ
Our office was contacted in late August regarding a Chinese individual detained in Florence, Arizona. This Chinese client tried to enter the United States without valid documents and was incarcerated by immigration officers.
Prior to retention, the Immigration and Customs Enforcement already set a very high bond amount. Our client wished to have that reduced so we filed a motion for bond redetermination with the Florence, Arizona Immigration Court. Our office communicated with him and his U.S. resident relative in New York, and gathered as much information regarding his relief, equities, criminal record, family ties, and financial ability to post bond. We also gathered supporting documents from those relatives, from proof of their status and residence, to bank statements and tax returns.
On September 15, 2011, we represented our client for his first Master Calendar hearing. Our client did pleadings, requested asylum relief, and requested a bond re-determination hearing. The Immigration Judge set a bond re-determination hearing on September 27, 2011.
On September 27, 2011, we represented our client for his Florence Arizona Immigration Court bond re-determination hearing. During the hearing, we contended that our client was eligible for asylum relief, passed his credible fear interview, was not a flight risk, had established his residence upon release, had established his financial ability to post bond, and that he had ample family ties in the United States who submitted proof of their residence and immigration status. Our office emphasized that his lack of criminal record, designated address with contact information from his relative in the United States, ability to post bond, and eligibility for asylum relief clearly demonstrate that the bond should be reduced. The Judge took our arguments into account and reduced the bond amount by a substantial amount.
Our client has been released and is in the process of preparing his asylum application.
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CASE: Asylum in Immigration Court
CLIENT: Chinese
LOCATION: Elizabeth, New Jersey Immigration Court
Our client, through his relative in the United States, retained us in May 2011 to help him with his asylum case. He is from China and came to the United States with a fraudulent passport. He was not inspected nor admitted into the United States, and was detained in the Elizabeth New Jersey CDF facility. He passed his credible fear interview and at his Master Hearing, with our firm representing him, he applied for asylum, withholding of removal and relief under CAT. Our client is scared to go back home to China, fearing that he will be persecuted on account of his political opinion against the “one-child policy (forced family planning)” in China.
Our client lived in China with his wife and son. However, he learned that his wife was pregnant again early this year. Fearing forced abortion against her, our client told his wife to hide and did not report her pregnancy to the local Family Planning Office. According to our client, forced abortions and sterilization surgeries are common in his village in China. Later, the Family Planning Office personnel came to his house and looked for his wife several times. When they could not find her, they forced to take our client for sterilization surgery. Our client opposed the Family Planning Office and its personnel, and he had a physical altercation with them. The officials punched and beat him. Eventually, our client managed to escape and fled his home town. He left China and arrived in the U.S. in April 2011.
Once retained, we helped him prepare his asylum application. We also asked him to provide supporting documents corroborating his claim, some of which were a letter from his wife, the notarial birth certificate of his son, medical records of his wife, and a family planning procreation and birth healthcare service booklet for his wife. Our firm also did some research on articles pertaining to his particular claim, and the type of persecution he will experience in China if sent back.
Our client’s individual hearing was scheduled on September 12, 2011 at the Elizabeth Immigration Court in New Jersey. Attorney Sung Hee Yu represented our client at the hearing. During the hearing, our client testified credibly as to his past persecution in China and likelihood of future persecution. On September 20, 2011, the Immigration Judge granted asylum relief for our client and our client was subsequently released. He is now an asylee and will be eligible to apply for permanent resident status in one year. He also would obtain his work permit in about two weeks.
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CASE: Bond Redetermination Hearing
APPLICANT: Chinese
LOCATION: Florence, AZ
A family relative of a Chinese individual detained in Florence, Arizona contacted our office at the end of August. This Chinese client tried to enter the United States without valid documents and was incarcerated by immigration officers. He was given a credible fear interview which he eventually passed.
Prior to retention, the Immigration and Customs Enforcement already set a very high bond amount. Our client wished to have that reduced so we filed a motion for bond redetermination with the Florence, Arizona Immigration Court. Despite being in jail in Florence, we communicated with him and gathered as much information regarding his relief, equities, criminal record, family ties, and financial ability to post bond. We contacted our client’s several relatives and friends in Atlanta, Georgia. We also gathered supporting documents from those relatives, from proof of their status and residence, to bank statements and tax returns.
On September 1, 2011, we represented our client for his Florence Arizona Immigration Court bond hearing. At oral arguments, we explained that our client was eligible for asylum relief, passed his credible fear interview, was not a flight risk, had established his residence upon release, had established his financial ability to post bond, and that he had ample family ties in the United States who submitted proof of their residence and immigration status. Our office contended that his lack of criminal record, designated address with contact information from his relative in the United States, ability to post bond, and eligibility for asylum relief clearly demonstrate that the bond should be reduced. The Judge took our arguments and evidence into consideration and reduced the bond amount in half. Our client’s relative has thereafter posted bond and he is now out of detention to pursue his asylum claim.
If you have any questions, please fill out the free consultation form below, and we will respond as soon as possible privately.
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CASE: Asylum.
NATIONALITY: China.
RESIDENCE: Virginia.
Our client is a Chinese national on an F-1 visa. He now resides in Virginia. He became a Christian a few years ago while away from China. As he moved to the States, his faith strengthened when his daughter was diagnosed with leukemia. He had turned to God for help, for his daughter to survive. With his prayers and the support of the Christian community, his daughter has done well with her treatment. Our client and his wife would spend days in the hospital with their baby daughter.
A few months ago he had to go back to China to visit his ailing mother-in-law. His wife could not go back as she was pregnant. Our client brought some bibles with him and was arrested at the airport in Beijing. He then was caught a few days later while in prayer service, was detained, and was persecuted.
Upon his return to the U.S., he contemplated on filing for asylum. His daughter is sick, and he had a new child coming up. Our office was retained to file an asylum application for him. We made sure his application was detailed and that he provided all dates, places, and names specifically. We made sure all questions in the asylum application were properly answered, and that possible questions of the officer were anticipated and answered in the application. We also made sure he properly corroborated his claim with evidence from Church, from China, and everything he had in the U.S. to help his case.
After filing the case, he was scheduled for his asylum interview in Arlington Virginia, about a month from filing the application. Prior to his interview, we prepared him for several hours, conducting mock interviews to make sure he is ready. We accompanied our client to the Arlington Asylum Office and the interview lasted for more than an hour.
Two weeks later, our client obtained his asylum approval. He is now in valid status, can stay in the United States, and has authorization to work.
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