05-06-2007, 04:04 AM
X posted from BRF
From NY Times:
Torn From Parents, a Top Speller Vents His Anger <!--QuoteBegin-->QUOTE<!--QuoteEBegin-->...Kunal Sah, a 13-year-old eighth-grader, is an angry speller. He lives with his uncle and aunt at the Ramada Limited Motel in this tough former railroad town in eastern Utah. Kunal is making himself into a great speller by way of unhappiness and the immense pressure he feels to reunite his family, which was blown apart across two continents when his parents were sent back to India last year after being denied political asylum.
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Something I noticed looks interesting and unexpected: for example see:ORDER AND JUDGMENT document:
<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->Mr. Sah was born in India in 1964 and came to the United States in 1990. He is Hindu.(1) Shortly before his entry visa expired in 1991, Sah applied for asylum, alleging that he would be targeted by Muslims in his home province, located in the southeastern part of India.
When Sah lived in India, he was active in a group called Vishwa Hindu Parishad (Vishwa). Vishwa, according to Sah, is an organization committed to Hindu nationalism. In his 1991 asylum application, Sah stated that Vishwa was "fighting to demolish Babri Mosque," a mosque in <b>southern India</b> (?!?), because "[t]his mosque is built on our sacred land." R. 148. In fact, in 1992, after Sah had already come to the United States, Hindu extremists rioted and destroyed the mosque. In his asylum application..
....
Sah also claims that the IJ erred by finding that Vishwa was affiliated with the BJP. Our review of the record suggests that the IJ may have indeed confused the BJP with a group called Rashtriya Swayamsewak Sangh (RSS). According to the State Department, there is considerable overlap among the leadership and membership of the BJP and the RSS, but "the BJP is an independent political party, and the degree of RSS influence over its policy making is not clear." R. 112. Sah acknowledged that Vishwa was linked to the RSS but did not describe any connection with BJP. ...
... Finally, the IJ found that Vishwa was affiliated with the Bharatiya Janata Party (BJP), which a State Department report characterized as "a Hindu nationalist party with links to Hindu extremist groups that have been implicated in violent acts against Christians and Muslims." R. 45 (quotation omitted).
....Nevertheless, the connection between Vishwa and the RSS does not undermine the IJ's conclusion that Sah was complicit in the attempted persecution of Muslims and Christians. It is evident from the State Department's report about India that the RSS and the BJP espouse similar principles. Thus, it is immaterial whether Vishwa was linked to the RSS (as described by Sah) or the BJP (as stated by the IJ); the effect on this appeal is the same..
...What is important is Sah's own evidence about his role in anti-Muslim activities...
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Don't understand why Sah would claim "asylym" here in US but understand even less why the judge would take it as an established fact as "BJP a party of anti Christians and Muslims" and any one having any relationship with these automatically has role in "anti-Muslim" activities and thus automatically can not be considered a person worthy of asylum...
Obviously I don't know the whole story about Sah (he came here in US with a student visa why didn't he apply for visa instead of asylum ?) and IMO he had bad legal representation etc ...but the Judge's statements etc makes me wonder how competent and fair these judges are..)
From NY Times:
Torn From Parents, a Top Speller Vents His Anger <!--QuoteBegin-->QUOTE<!--QuoteEBegin-->...Kunal Sah, a 13-year-old eighth-grader, is an angry speller. He lives with his uncle and aunt at the Ramada Limited Motel in this tough former railroad town in eastern Utah. Kunal is making himself into a great speller by way of unhappiness and the immense pressure he feels to reunite his family, which was blown apart across two continents when his parents were sent back to India last year after being denied political asylum.
<!--QuoteEnd--><!--QuoteEEnd-->
Something I noticed looks interesting and unexpected: for example see:ORDER AND JUDGMENT document:
<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->Mr. Sah was born in India in 1964 and came to the United States in 1990. He is Hindu.(1) Shortly before his entry visa expired in 1991, Sah applied for asylum, alleging that he would be targeted by Muslims in his home province, located in the southeastern part of India.
When Sah lived in India, he was active in a group called Vishwa Hindu Parishad (Vishwa). Vishwa, according to Sah, is an organization committed to Hindu nationalism. In his 1991 asylum application, Sah stated that Vishwa was "fighting to demolish Babri Mosque," a mosque in <b>southern India</b> (?!?), because "[t]his mosque is built on our sacred land." R. 148. In fact, in 1992, after Sah had already come to the United States, Hindu extremists rioted and destroyed the mosque. In his asylum application..
....
Sah also claims that the IJ erred by finding that Vishwa was affiliated with the BJP. Our review of the record suggests that the IJ may have indeed confused the BJP with a group called Rashtriya Swayamsewak Sangh (RSS). According to the State Department, there is considerable overlap among the leadership and membership of the BJP and the RSS, but "the BJP is an independent political party, and the degree of RSS influence over its policy making is not clear." R. 112. Sah acknowledged that Vishwa was linked to the RSS but did not describe any connection with BJP. ...
... Finally, the IJ found that Vishwa was affiliated with the Bharatiya Janata Party (BJP), which a State Department report characterized as "a Hindu nationalist party with links to Hindu extremist groups that have been implicated in violent acts against Christians and Muslims." R. 45 (quotation omitted).
....Nevertheless, the connection between Vishwa and the RSS does not undermine the IJ's conclusion that Sah was complicit in the attempted persecution of Muslims and Christians. It is evident from the State Department's report about India that the RSS and the BJP espouse similar principles. Thus, it is immaterial whether Vishwa was linked to the RSS (as described by Sah) or the BJP (as stated by the IJ); the effect on this appeal is the same..
...What is important is Sah's own evidence about his role in anti-Muslim activities...
<!--QuoteEnd--><!--QuoteEEnd-->...
Don't understand why Sah would claim "asylym" here in US but understand even less why the judge would take it as an established fact as "BJP a party of anti Christians and Muslims" and any one having any relationship with these automatically has role in "anti-Muslim" activities and thus automatically can not be considered a person worthy of asylum...
Obviously I don't know the whole story about Sah (he came here in US with a student visa why didn't he apply for visa instead of asylum ?) and IMO he had bad legal representation etc ...but the Judge's statements etc makes me wonder how competent and fair these judges are..)