Legal Question in Immigration Law in California

I'm a paralegal studies studen at Kaplan University online, and I'm taking Advanced Legal Writing, currently. I'm having trouble finding asylum cases for minors. I've been at this all day, and I seem to be spinning my wheels. I've been through westlaw and google and some law reviews and have not found cases similar to the one I'm working on. It's a 14 year old girl who's parents divorced when she was little and her father has custody and lives in canada, and the mom lived in NY. The girl wanted to go home, initially, but the father told her she had to stay for the remainder of her visit with her mom. She then decided to run away to her uncle's house in California. Her mother becomes frantic and ends up in a car accident in which she died. The girl wants to stay in California. She says she'll be used for propoganda and that her father is physically abusive. I've been on the USCIS site as well as supreme court cases and they all say the burden is on the seeker and they have to prove persecution. Where is a good place to search for the information I need? Thanks for your help.


Asked on 3/20/12, 10:09 pm

1 Answer from Attorneys
Bill Klein Law Office of Bill Travis Klein

I think you need to focus on the key issues in order of their priority. First issue is whether she will meet the test for asylum through past persecution by the government (or by people the government cannot or will not control). It appears like there are a lot of other issues involved as well but meeting the tests for asylum is the key in the absence of other forms of relief available. Therefore, identify the basis (reason and what social group she is a member of) for harm or future harm and use key serach terms in your case law research. Good Luck.

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Answered on 3/22/12, 8:28 am


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