Topics to Discuss…  Persecution  Refugee vs. Asylee  Deportation  Case Strategy  Trial Alternatives  Post Trial  Post Order Options  DHS Organization  USCIS Organization  Executive Office for Immigration Review  US Circuit Courts of Appeal  Criminal Court  EAST ASIA

Persecution Is Based On: Race- Examples include Apartheid in South Africa, the Holocaust and slavery. Religion- Could be forbidding membership in a religion or severe discrimination for people who practice a religion. Nationality- Includes citizenship or membership in an ethnic or linguistic group. Examples include Kurds in Iraq and ethnic groups in the former Soviet Union. Membership in a particular social group- Examples include members of a tribe, former government employees, or homosexuals. Political opinion- Examples include membership or activity in an opposing political party.

Persecution Other serious violations of human rights also constitute persecution, including: Slavery Prolonged detention without a charge or trial Torture Overwhelming discrimination Note: Not all unfair or unjust treatment is considered persecution. Assessments of persecution are made on a case by case basis.

Difference Between a Refugee and an Asylee. A refugee receives permission to come to the U.S. from outside of the country. A refugee receives permission to come to the U.S. from outside of the country. Refugees are resettled with the help of a refugee resettlement agency. Refugees are resettled with the help of a refugee resettlement agency. An asylee is already in the U.S. when s/he applies for protection. Asylees have to prove that they have reason to fear persecution in their home country.

TOTAL NUMBER OF DEPORTATIONS PER YEAR Source: Office of Immigration Statistics/Department of Homeland's 2008 Yearbook of Immigration Statistics

Deportation Process  Department of Homeland Security- Asylum /office  Executive Office of Immigration Review  Circuit Courts of Appeals  Motion to Reopen

Case Strategy

Trial Alternatives  Prosecutorial Discretion  Voluntary Departure  Administrative Closure  Termination  Motion to Suppress

Post Trial

Post Order Options Remand Prosecutorial Discretion Voluntary Departure

DHS Organization

USCIS Organization

Executive Office For Immigration Review The Executive Office for Immigration Review (EOIR) is an agency within the US Department of Justice which is responsible for deciding whether immigrants are deportable/removable from the United States. The EOIR is comprised of the Immigration Courts, the Board of Immigration Appeals and the Office of the Chief Administrative Hearing Officer (OCAHO). Immigration CourtsBoard of Immigration AppealsOffice of the Chief Administrative Hearing Officer (OCAHO)Immigration CourtsBoard of Immigration AppealsOffice of the Chief Administrative Hearing Officer (OCAHO)

Department of Justice EOIR Organization

US Circuit Courts of Appeal

Criminal Court to Immigration Court ARREST CONVICTIONBOND?RELEASE ICE CUSTODY ICE BOND? NTAIMMG COURT ICE Detainer 48 HOUR RULE

ICE ENFORCEMENT PRIORITIES LEVEL 1 LEVEL 1 LEVEL 2 LEVEL 2 LEVEL 3 LEVEL 3 “Aggravated felonies” as defined in INA Section 101(a)(43) OR 2 or more “felonies” (i.e., punishable for + 1yr imprisonment) One felony conviction OR 3 or more “misdemeanor” convictions Convicted of crimes punishable by less than 1 year EXAMPLES: rape, murder, kidnapping, weapons and/or drug trafficking, robbery, burglary EXAMPLES: theft, assault, forgery, property crimes, drug crimes, auto theft offenses EXAMPLES: drug crimes, theft, theft of services, trademark counterfeiting,

Criminal Charges and Convictions Deportation Deportation Detention – can be anywhere in country, can last weeks or years Detention – can be anywhere in country, can last weeks or years Ineligibility for U.S. citizenship Ineligibility for U.S. citizenship Ineligibility for Adjustment of Status (get green card) Ineligibility for Adjustment of Status (get green card) Inability to be readmitted to U.S. after trip abroad Inability to be readmitted to U.S. after trip abroad Any person who is not a U.S. citizen can be deported – including lawful permanent residents and refugees Any person who is not a U.S. citizen can be deported – including lawful permanent residents and refugees A broad range of offenses – even minor ones – can lead to deportation. A broad range of offenses – even minor ones – can lead to deportation. Some convictions lead to mandatory deportation – no chance to remain in the U.S. Some convictions lead to mandatory deportation – no chance to remain in the U.S.

Immigration Status Affects the Criminal Process Pre-trial release Pre-trial release Plea bargaining Plea bargaining Sentencing Sentencing Conditions of post-conviction confinement Conditions of post-conviction confinement

Lawful Permanent Residents LPRs can be deported for a wide range of convictions: LPRs can be deported for a wide range of convictions: Almost any drug offense – except one-time simple possession of 30g or less of marijuana Almost any drug offense – except one-time simple possession of 30g or less of marijuana Aggravated felony – a long list of offenses that have to be neither aggravated, nor felonies Aggravated felony – a long list of offenses that have to be neither aggravated, nor felonies Firearm offense Firearm offense Crime involving moral turpitude Crime involving moral turpitude Domestic violence, stalking Domestic violence, stalking Child abuse/abandonment/neglect Child abuse/abandonment/neglect Violating order of protection (civil or criminal finding) Violating order of protection (civil or criminal finding)

Deportations/Removals Based on Criminal Conviction ( ) DHS Secretary Napolitano’s October 2010 Announcement of record-breaking statistics for immigration enforcement of “criminal aliens”

East Asia 1) Family Plan => Coercive Population Policy 2) Religion => Communist Conflict 3) Chinese Democratic Party CDP => Support of North Korean Refugees 4) Falun Gong FG => Banned Cult

POPULATION POLICIES During Mao Zedong's rule the population policy of China was “the more people, the stronger we are”, leading to overpopulation and a series of famines. When Deng Xiaoping took power in 1978, his new policies focused on strengthening China's economy, and he saw overpopulation as a block to economic development.

1970 POPULATION POLICY In the 1970s the Chinese government had issued three policies to reduce the birth rate: 1 Late marriage – men were encouraged to marry no earlier than 28 years old (25 in rural areas) and women no earlier than 25 years old (23 in rural areas). 2 Longer spacing between births – couples were encouraged to allow at least a four-year gap after the first child before having another baby. 3 Fewer children – it was suggested that urban families should be limited to two children, and rural families to three children.

One Child Policy- Two Child Reality  If both parents are only children they are allowed to have more than one child provided the children are spaced more than 4 years.  In most rural areas if the first child is a girl couples are allowed to have another child  Families who have children with mental or physical disabilities are sometimes allowed to have another child.

Religion in China Religion in China covers a wide range of beliefs and practices including Confucianism, Taoism, Buddhism, Christianity, Islam, and the multiple, traditional religious practices of many Chinese. Each has played an important role throughout the history of China, with Confucianism, Taoism, and Buddhism molding the culture of the country into what it is today. Religion in China covers a wide range of beliefs and practices including Confucianism, Taoism, Buddhism, Christianity, Islam, and the multiple, traditional religious practices of many Chinese. Each has played an important role throughout the history of China, with Confucianism, Taoism, and Buddhism molding the culture of the country into what it is today. Since the Communist rule began in October 1949 all religions have been severely handicapped. This persecution of religion intensified during the Cultural Revolution, beginning in 1966 and ending in 1976 with the death of Chairman Mao. Gradually, religious freedom is returning to China, but the government still exerts firm control over what type of religion is suitable for the Chinese people. Since the Communist rule began in October 1949 all religions have been severely handicapped. This persecution of religion intensified during the Cultural Revolution, beginning in 1966 and ending in 1976 with the death of Chairman Mao. Gradually, religious freedom is returning to China, but the government still exerts firm control over what type of religion is suitable for the Chinese people.

Falun Gong Founded in 1992 by Li Hongzhi Founded in 1992 by Li Hongzhi A blend of Taoism, Buddhism, and the popular religious traditions of China (qigong), with a mystical understanding of modern science A blend of Taoism, Buddhism, and the popular religious traditions of China (qigong), with a mystical understanding of modern science Main purpose: the cultivation of vital energies through truthfulness, compassion, tolerance, and physical exercises prescribed by Hongzhi Main purpose: the cultivation of vital energies through truthfulness, compassion, tolerance, and physical exercises prescribed by Hongzhi

Falun Gong In order to place the ban on Falun Gong, the In order to place the ban on Falun Gong, the Chinese Government made specific accusations: Falun Gong is an evil cult. Falun Gong is an evil cult. It is harmful to the physical and mental well-being of the people. It is harmful to the physical and mental well-being of the people. It hurts society by disrupting social order and the work of institutions. It hurts society by disrupting social order and the work of institutions. It is superstitious and antiscience, hypocritical, criminal, treasonous, seditious, and well-organized. It is superstitious and antiscience, hypocritical, criminal, treasonous, seditious, and well-organized.

Persecution of Falun Gong In order to reach transformation targets, the government sanctioned the systematic use of torture and violence against Falun Gong practitioners, including:  Shocks with electric truncheons and beatings;  Black Jails and Re-Education Centers  Psychiatric Abuse  Prisons  Extrajudicial Killing  Torture and Abuse in Custody  Reeducation through labor. Depiction of an example of a torture method, sometimes used in relation to persecution of Falun Gong: a bamboo stick inserted under nails.

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