Non-Orthodox Christians such as Pentecostals, Baptists, Seventh Day Adventists and
other denominations are widely unpopular throughout the former Soviet Union and often subject to
persecution. Although it has become harder for them to obtain refugee status from the U.S. government
in Russia., they can obtain asylum from the US Government here in the U.S.. Some persons who were denied
refugee status in Russia may still apply for asylum once in the U.S. on the grounds that they have new
evidence or facts supporting their application. These applications can be supported by documents from
organizations such as Christian Concern, the Keston Institute, Human Rights Watch, and Amnesty
International which have reported the unacceptable conditions for non-Orthodox Christians living
in the former Soviet Union.
To obtain asylum in the U.S., an applicant must prove a "well-founded fear of
persecution" if they are returned to their home country. The Courts have said that "persecution" may
include physical attacks, beatings, imprisonment, interrogation, loss of job and loss of housing, among
other things.
The Lautenberg Amendment, a statute passed by the U.S. Congress, states that Jews and
Evangelical Christians from the former Soviet Union, shall be presumed to be eligible for asylum/refugee
status. First enacted in 1989, the Lautenberg Amendment requires that the historical persecution of among
other Soviet Jews, be considered when evaluating individual applications for refugee status. The Lautenberg
Amendment can likewise be used to support asylum claims by Jews and Evangelical Christians here in the
United States. Under this legislation, a category applicant may establish a well-founded fear of persecution
by asserting a fear of persecution and asserting a credible basis for concern about such fear.
In a recent case decided by one of the highest courts in the country, the Ninth
Circuit Court of Appeals, Korablina v. INS, the federal appeals court defined persecution as "the
infliction of suffering or harm upon those who differ (in race, religion, or political opinion) in
a way regarded as offensive." In addition, "acts of violence against a petitioner's friends or family
members may establish a well-founded fear of persecution." Persecution may be found by cumulative,
specific instances of violence and harassment toward an individual and his family members, not only by
the government, but also by a group the government declines to control.
In Korablina, for example, the applicant testified that she witnessed repeated violent
attacks and experienced one violent attack herself. She presented evidence of widespread harassment
and violence by Ukrainian ultra-nationalists against religious minorities. In addition, she testified
to having been robbed and attacked, tied to a chair with a noose around her neck and threatened with
death. This incident resulted in medical treatment for shock and a concussion. She also testified that
because she was not Orthodox she was refused admission to the university of her choice, encountered
obstacles to career advancement, and finally lost her previous job when the department was taken over
by an ultra-nationalist boss. Considering the totality of the evidence, the Court felt Korablina had
met her prima facie case of persecution, entitling her to asylum and withholding of deportation.
Our experience is that, in cases decided here in San Francisco and Northern California,
persons who can document similar harassment and abuse on account of their Christian background can
qualify for asylum.
WARNING: The following is article
discussing legal issues. It is not intended to be a substitute
for legal advice. We recommend that you get competent legal
advice specific to your case. If you would like such advice
from our office, call (415) 777-4445 or (916) 349-2900 or
(408) 993-9737. |
