This morning, Judge Travieso of the Los Angeles Immigration Court granted my Indonesian client asylum, in a case which was tried over several days spread out over more than a year. The case commenced in 2007 at the Asylum Office (AO) and was denied by the AO and referred to the Immigration Court in Removal Proceedings where the asylum claim was renewed as a defense to removal.
The applicant was not only required to demonstrate a "well founded fear of persecution" in Indonesia, but also, to show why after residing in the United States for many years before the 2007, such filing was justified, given the general one-year filing requirement in asylum claims, which requires that an applicant must apply for asylum within one year of his or her arrival in the United States.
We were ultimately able to establish that the applicant qualified for one of the very narrow exceptions to the one year requirement, and after extensive testimony, documentation, and legal citation, that the requisite burden had been met to qualify the client for asylum.
The client was relieved and at the same time overjoyed to hear the judge's words of welcome to the United States, and to have concluded a long and challenging journey for lawful status in the United States. Asylees (those granted asylum) may apply for lawful permanent residence (green card) one year after the asylum claim is approved, and then for naturalization (US Citizenship) five years after the green card is approved. The asylee is also permitted to apply for and upon approval, travel to, any country of the world (except of course, the country of persecution) on a Refugee Travel Document.
This approval has been my 16th completed immigration trial of the year 2012 in Removal Proceedings, and the 16th in which my client has secured some form of permanent or indefinite immigration relief.
By: Duane M. Hamilton
