Asylum Approval for Russian Client with Ethnicity Issue at the New York Immigration Court

CASE: Asylum in Immigration Court
CLIENT: Russian
LOCATION: New York Immigration Court

Our Russian client came to the United States on a J-1 visa in June 2009. She was persecuted in Russia based on her ethnicity, so within one year of her entry, she filed an asylum application (Asylum, Withholding of Removal, and relief under the CAT) to the USCIS. She was interviewed at the Asylum Office in New York, but her case was referred to an immigration judge in June 2010. 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 her written statement.

After the case was referred to the Immigration Court, our client contacted our office in late January of 2011. We met her in New York City for the consultation. She then retained our office on February 4, 2011.

Our client was scared to go back home to Russia, fearing that she will be persecuted based on her ethnicity. Our client lived in Russia with her mother, however, her mother was attacked by racial extremists and she was severely injured by the attack. Later in 2008, our client was severely attacked by a group of skinheads based on her ethnicity. As a result of this attack, she had rib fractures and a concussion. The Russian police did not fully investigate the incident and could not arrest any attackers.

We helped her prepare her asylum application and represented her in immigration court hearings. We also asked her to provide supporting documents corroborating her claim, some of which were a letter from her mother and friends in Russia, Russian medical documents of our client and her mother, and her membership certification with the anti-fascist front. Our firm also did some research on articles related to her claim, and the type of persecution she will experience in Russia if sent back.

Our client’s individual hearing was scheduled on August 11, 2011 at the New York Immigration Court. Attorney Sung Hee Yu represented our client at the hearing. During the hearing, our client testified credibly as to her past persecution in Russia and likelihood of future persecution. After the hearing, the Immigration Judge requested us to submit a new X-ray and psychiatry report from U.S. doctors. The court also requested our client’s doctor to testify at the hearing. On April 5, 2012, after the doctor’s expert testimony, the Immigration Judge granted asylum relief for our client. She is now an asylee who will get her work permit in two weeks and will be eligible to apply for permanent residency in one year.