CASE: Asylum in Immigration Court
CLIENT: Chinese
LOCATION: Cleveland Immigration Court
Our Chinese client came to the United States on a B-2 visa in September 2009. He was persecuted and harmed in China based on his religious beliefs and its related activities, so within one year of his entry (in October 2009), he filed an asylum application (Asylum, Withholding of Removal, and relief under the CAT) to the USCIS.
He was interviewed at the Asylum Office in Los Angeles, but his case was referred to an immigration judge in December 2009. The Notice to Appear was issued and our client was placed in removal proceedings. The USCIS thought that our client’s testimony was different from that of his written statement and referred the case to the Court.
The case was initiated at the Los Angeles Immigration Court. However, our client moved to Columbus, Ohio in 2011. After he moved to Columbus, OH, our client contacted our office in early April 2011, and eventually retained our office on April 11, 2011. Once retained, our office immediately filed a Motion to Change Venue which was eventually approved by the Los Angeles Immigration Court. Our client’s case was then transferred to Cleveland, OH.
Our client was scared to go back home to China, fearing that he will be persecuted based on his religious belief and his active participation in religious events which are considered anti-government activities.
While our client was in China, he attended numerous underground home church meetings. As a result, he was arrested and detained by Chinese police and experienced harm and mistreatment.
We helped him supplement his asylum application and represented him in his immigration court hearings. We also asked him to provide supporting documents corroborating his claim, some of which were letters family and church members in China, and documents related to his religious activities. Our firm also did some research on articles related to his claim, and the type of persecution he will experience in China if sent back.
Our client’s individual hearing was scheduled on March 3, 2014 at the Cleveland Immigration Court. Attorney JP Sarmiento from our firm prepared him extensively. He also represented our client at his Individual Hearing.
During the hearing, our client testified about his past persecution in China and the likelihood of future persecution. After the hearing, the Immigration Judge re-set the case for a decision hearing which was originally scheduled for September of this year. Nevertheless, on April 24, 2014, the Immigration Judge issued a written decision and granted asylum relief for our client. He is now an asylee who will get his work permit in a short period of time and will be eligible to apply for permanent residency in one year.