Lawyer - Christopher Kerosky

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Political Asylum


 Many Jews from Former USSR Still Have Strong Case for Asylum.
     Because many Jews are still the target of prevailing anti-Semitic attitudes throughout Russia, they can often still make a strong case for receiving asylum from the US Government. These prevailing attitudes towards Jews by ultra-nationalistic groups are often supported by government authorities. Anti-Semitic groups are popular throughout Russia. Many organizations-- including the Union of Councils for Soviet Jews, Human Rights Watch, and Amnesty International and even the US Department of State- have reported that conditions for Soviet Jews are unacceptable by basic human rights and torture co nventions.
  Throughout Russia, the anti-Semitic attitudes remain the same. According to a recent issue of the Russian newspaper Izvestiya, " Antisemitism in the Russian provinces is gradually becoming as customary and trivial as a foreign made cars on the roads and computers in people's apartments." Jewish centers and synagogues have increasingly become targets for anti-Semitic attacks. Skinheads play a large role in spreading antisemitism throughout Russia. Between two and five thousand skinheads live in St. Petersburg, with many more neo-fascist groups on the rise all over Russia. The most violent and largest of all the neo-Nazi groups, the Russian National Unity (RNU), actively recruit youths and distribute antisemitic information at local schools and community centers. They have mounted joint patrols with police in major provincial cities while local mayors publicly voice support for this violent hate group.
  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. 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 Jews. 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 Jewish 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. Id. 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 Jewish 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.