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Tibetan National receives asylum due to ICS
In the Executive Office for Immigration Review (EOIR), an American flag hangs from its post next to the judge's bench while the young man with the dark brown hair, square jaw and warm brown eyes sits quietly with his hands folded in front of him. His attorney, Susan Rossiter, of Immigration Counseling Service (ICS), double-checks his paperwork as he folds and unfolds his hands. "What will happen if I don't get granted asylum?" "What will I do if I get sent back?" Tenzin* ponders, perhaps still feeling the ache of the torture he suffered last year in India.
Tenzin, a Tibetan national, born in India, has come before the court to plead for asylum. Like many Tibetans, Tenzin has suffered for his nationality. In 1959, Chinese troops overtook the capital of Tibet, Lhasa, forcing Tibetans to flee to other countries for refuge. Tenzin's parents arrived in Bhutan, India in 1959, the country in which approximately 100,000 Tibetans have sought refuge. Although India has allowed Tibetans to reside there, Tibetans are not considered citizens of India. In a country filled with poverty and a rigorous caste system, Tibetans have difficulty in obtaining jobs, housing and medical care.
Due to the many barriers Tibetans face as non-citizens in India, they struggle daily just to survive, but worse, many undergo abuse and torture for attempting to stand up for their rights. Threats of death for demonstrating for their rights cause many to flee the country, seeking asylum in countries such as the United States. Immigration Counseling Service (ICS) was begun in 1978 to provide help for individuals such as Tenzin, by providing legal representation. Asylum cases are very difficult to process, due to the lack of evidence readily available to prove a case and the time required to successfully prepare a client to testify convincingly. Most asylum clients have little resources and cannot afford a private attorney.
Tenzin's journey to the United States began after he suffered persecution from the Indian government for demonstrating on behalf of Tibet. March 10th, 1959, was the day when the Chinese overtook Tibet and has been used as a day for Tibetan's to publicly demonstrate their desire for their country's return to freedom. In 1994, and again in 2000, Tenzin was jailed for participating in these demonstrations which involve walking to the Chinese embassy and giving speeches. Throughout his times in jail, he was repeatedly beaten. During his second time in captivity, the severity of the beatings increased. His captors used a bamboo stick with nails protruding from it to beat him, while he was handcuffed.
When released from prison in 2000, Tenzin was threatened by his captors that they would release him to the Chinese government to be killed. His injuries from this second jailing were so severe that it took him a month to recover, while receiving medical treatment. His family, fearing for his life, insisted he travel to the United States to seek asylum. Like many individuals, Tenzin had heard that one could obtain freedom in the United States. It was not until he arrived that he learned that it was a complex legal process. Individuals trying to navigate the legal system on their own find themselves ensnared in complex laws that govern immigration. Incorrect paperwork can be filled out, a question can be misunderstood and an individual can end up being wrongly denied legal status, detained in jail or worse, sent back to a country in which horrible human rights abuses occur.
Tenzin was told by friends in the United States to obtain a lawyer to help him. Like many asylum seekers, and typical of the clients which ICS serves, Tenzin had no resources and was in debt for his passage to the United States. He was relieved to find that ICS existed and would take his case. In presenting the case, Tenzin relayed the details of his imprisonment and torture. Additionally, he testified that other family members had been killed for doing the same type of demonstrating he had done. He produced photographs of family members demonstrating. These same family members died under suspicious circumstances.
With all the facts presented, the INS representative gave no opposition to the case. Immigration Judge Bennett summarized the facts of the case by acknowledging that the situation of the Tibetan people is fairly common knowledge and there is danger to a Tibetan individual for demonstrating publicly. Coupled with these general facts, Tenzin's acts of speaking out endangered his life should he be forced to return to India. With that, Immigration Judge Bennett granted Tenzin asylum and Tenzin buried his head in his hands as tears of relief flowed down his face.
Currently in Oregon, almost 3,000 individuals have pending asylum cases. Overall in Oregon, 60% of asylum cases get approved. In comparison, cases in which ICS represents a client have a 95% success rate. In a world where persecution and hardship afflict people in many nations, ICS remains a beacon of light to immigrants finding their way to the United States.
*Name has been changed due to safety concerns for family still remaining in India
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