Legal Memo
MEMORANDUM OF LAW
TO: Supervising Attorney
FROM: Polly Paralegal
RE: Jane Doe’s Asylum Case
DATE: August 16, 2000
Questions Presented 1. Whether Jane, a minor, would be able to file a petition for asylum on her own behalf? 2. Whether Billy, the minors uncle and non-custodial adult, would be able to file a petition for asylum on behalf of Jane, if being a minor is an issue? 3. Whether Jane can use claims of physical abuse and being used as a governmental propaganda tool as grounds for filing a petition for asylum under United States law?
Short Answers 1. No. Although Jane satisfies most of the requirements to filing for asylum, Jane would have problems with getting asylum due to her mother and father having guardianship agreement in regards to Jane, which conflicts with one of the requirements. Also, it interferes with Jane’s father’s rights to be a parent. 2. No. Billy would not be able to file for asylum on behalf of Jane against the wishes of Jane’s father, in which, he is still present and has custody of Jane. 3. Yes. Jane would be able to use the claims of physical abuse and being used as a governmental propaganda tool to file for asylum. However, Jane may need to provide proof of the abuse. It is kind of hard to prove that Jane is afraid to go back to Canada if for six years Jane has been going back and forth from Canada to New York willingly.
Rule
8 U.S.C. § 1158 (a) Authority to apply for asylum (1) In general.
Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section or, where applicable, section 1225 (b) of this title.
Statement of Facts Jane Doe, a 14-year-old Canadian, has been living with her
TO: Supervising Attorney
FROM: Polly Paralegal
RE: Jane Doe’s Asylum Case
DATE: August 16, 2000
Questions Presented 1. Whether Jane, a minor, would be able to file a petition for asylum on her own behalf? 2. Whether Billy, the minors uncle and non-custodial adult, would be able to file a petition for asylum on behalf of Jane, if being a minor is an issue? 3. Whether Jane can use claims of physical abuse and being used as a governmental propaganda tool as grounds for filing a petition for asylum under United States law?
Short Answers 1. No. Although Jane satisfies most of the requirements to filing for asylum, Jane would have problems with getting asylum due to her mother and father having guardianship agreement in regards to Jane, which conflicts with one of the requirements. Also, it interferes with Jane’s father’s rights to be a parent. 2. No. Billy would not be able to file for asylum on behalf of Jane against the wishes of Jane’s father, in which, he is still present and has custody of Jane. 3. Yes. Jane would be able to use the claims of physical abuse and being used as a governmental propaganda tool to file for asylum. However, Jane may need to provide proof of the abuse. It is kind of hard to prove that Jane is afraid to go back to Canada if for six years Jane has been going back and forth from Canada to New York willingly.
Rule
8 U.S.C. § 1158 (a) Authority to apply for asylum (1) In general.
Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section or, where applicable, section 1225 (b) of this title.
Statement of Facts Jane Doe, a 14-year-old Canadian, has been living with her