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Jane’s Asylum Memorandum and Elian Gonzalez Case Brief Advanced Legal Writing Professor M. Hamilton Kaplan University September 1, 2009
Memorandum
To: Attorney Justine Case
CC: Professor Mindy Hamilton Date: 8/17/09 Re: Jane’s Asylum Case
Question Presented
Under the Immigration and Naturalization Service requirements for filing a petition for asylum in the U.S., can a relative submit an application on behalf of a minor?
Short Answer
No. Minors can submit a petition for asylum in the United States, because the Supreme Court feels that application for asylum cannot be made against the wishes of a parent, if the child lacks the mental capacity to request asylum. A third person cannot speak on the behalf of a minor because it is the right of the parent to speak on behalf of his child in the court.
Statement of Facts
Jane is 14 years old. She has Canadian citizenship and has no dual citizenship with any other country. Her father is a Canadian citizen and her mother is an American citizen. Her parents have been divorced for six years. Her father, John, has primary guardianship in Quebec. During the school breaks and holiday vacations, she lives with her mother, Anne, in New York. John is a high-level government minister, working on creating an independent French Canadian State. Under Canadian law, both Anne and John retained full custodial and parental rights following the divorce.
Six months ago, Jane was living in New York during a school break. During the break, Jane telephoned her father asking to be allowed to return to Quebec. John advised her to stay the remainder of the break and try to get along with her mother. Two days later, at 6:00pm, Anne returned from work to find a message on her answering machine from Jane, saying that she was going to live with her uncle, Billy, in California. He is
Memorandum
To: Attorney Justine Case
CC: Professor Mindy Hamilton Date: 8/17/09 Re: Jane’s Asylum Case
Question Presented
Under the Immigration and Naturalization Service requirements for filing a petition for asylum in the U.S., can a relative submit an application on behalf of a minor?
Short Answer
No. Minors can submit a petition for asylum in the United States, because the Supreme Court feels that application for asylum cannot be made against the wishes of a parent, if the child lacks the mental capacity to request asylum. A third person cannot speak on the behalf of a minor because it is the right of the parent to speak on behalf of his child in the court.
Statement of Facts
Jane is 14 years old. She has Canadian citizenship and has no dual citizenship with any other country. Her father is a Canadian citizen and her mother is an American citizen. Her parents have been divorced for six years. Her father, John, has primary guardianship in Quebec. During the school breaks and holiday vacations, she lives with her mother, Anne, in New York. John is a high-level government minister, working on creating an independent French Canadian State. Under Canadian law, both Anne and John retained full custodial and parental rights following the divorce.
Six months ago, Jane was living in New York during a school break. During the break, Jane telephoned her father asking to be allowed to return to Quebec. John advised her to stay the remainder of the break and try to get along with her mother. Two days later, at 6:00pm, Anne returned from work to find a message on her answering machine from Jane, saying that she was going to live with her uncle, Billy, in California. He is