Archive for February, 2009

An Analysis of The Reforms for U.S. Immigration Courts

February 26th, 2009 by Leonard Birdsong


Birdsong’s Refugee Law student, Christina Workman, has done outstanding work in analyzing the supposed reforms to the U.S. Immigration Court system since  2006.  Read it and you will learn a lot.

A REVIEW OF THE 2006 MEASURES OF IMPROVEMENT TO THE IMMIGRATION COURTS AND BOARD OF IMMIGRATION APPEALS

Christina Workman

Refugee Law Paper

I.  Introduction

            Because David Ngaruri Kenney protested the Kenyan government’s inhumane treatment of tea farmers, he suffered dehumanizing torture and near execution at the hands of the Kenyan government.[1]  He fled for his life and eventually applied for asylum in the United States.  But his application was denied.  The immigration judge found that although he had been tortured on previous occasions by governmental forces, Kenney’s two-month return to Kenya [to save his brother from impending torture] meant that he could not reasonably have a well founded fear of persecution if returned to Kenya.  The Board of Immigration Appeals (BIA) affirmed the immigration judge’s decision.[2]  Kenney’s application for asylum was then rejected by the Fourth Circuit Court of Appeals.[3]  He was ordered deported back to Kenya.[4]

            Some critics of the United States immigration system, however, would argue that Kenney was not denied

Weird Criminal Law Stories 38

February 25th, 2009 by Leonard Birdsong


Birdsong continues to scour the wire services and the internet for those whacky,weird criminal law stories. Here are a few more for you reading delight.

Portland, OR: This granny didn’t need a hatpin. An 88-year old woman in Portland fended off an intruder in her home by grabbing his crouch and squeezing with all of her might. The defensive move forced the man to run out of her house in agony. He was arrested a short while later.
One might say her actions “took real balls.”

Ohio: A 4-year old Ohio boy — angry that his baby sitter accidently stepped on his foot — grabbed his father’s shotgun from a closet and opened fire.  The sitter suffered only minor injuries and the child has not been charged with a crime.  Authorities are investigating whether the parents were negligent.

Negligence my foot!  This kid is on an early start to becoming a sociopath.  He needs to be in reform school.

Portland, ME: In Maine a Portland man was arrested after cops found him drunk and slumped over the wheel of a Zamboni

Krystal Birdsong's Writings 9

February 24th, 2009 by Leonard Birdsong


Birdsong is proud that his daughter Krystal was  such a very good writer during the short time she stayed with us here on earth.  Our family misses her so!  Nevertheless, in going through her effects after her passing we have come upon her journals where she wrote her poems and songs.  Krystal never shared these writings with her family, but now that I have found them Birdsong would like to share them with a wider world.  The following work is labeled as a dream.

Violence Against Foreigners in Germany

February 23rd, 2009 by Leonard Birdsong


Birdsong’s student Kurt Bressler has written an outstanding paper concerning violence against foreigners in Germany since the fall of the Berlin  wall.  Birdsong wishes to share it  with the wider world.  Read and learn.

Immigration Reform and Violence Against Foreigners in Unified Germany

Written by: Kurt Bressler

  I. Introduction

           

            Since the fall of the Berlin Wall, Germany has struggled in its quest for an effective and all encompassing solution to the dichotomy between its immigration laws and the omnipresent xenophobic violence associated with them. In reality, this is not a problem which is unique to Germany; all countries struggle with racist violence in one form or another. Historically though, Germany has shown a correlation between the passing or relaxation of its immigration laws and a spike in racist violence, especially in the area formerly known as East Germany.

            An example of the racist violence faced by non-ethnic Germans can be seen in the United States asylum application filed by Zakia Mashiri. [FN1]. Zakia and her husband are natives of Afghanistan who lived in Germany following the fall of the Berlin Wall. On numerous separate occasions, the Mashiri’s were subjected to violence based on their non German background. One such incident occurred when Zakia’s husband was severely beaten in his taxi after being subjected to racial slurs and threats. [FN2]. He was also beaten in a similar fashion on several other occasions. The Mashiri’s son was also beaten by neo-nazi’s several times while returning home from school. [FN3]. Each time, the reason for the attack was explicitly stated: Germany is for German’s. 

________________________________________________________________________

[FN1].             Mashiri v. Ashcroft, 383 F.3d 1112 (9th Cir. 2004).

[FN2]. Id. at 1115.

[FN3]. Id. at 1117.

                        Another poignant example of the violence endured by foreigners in Germany occurred in November of 2007. A group of eight Indian asylum seekers were chased through the town of Muegeln while being subjected to racial insults. [FN4].

A Legislative Rejoinder to "Give Me Your Gays, Your Lesbians, and Your victims of Gender Violence, Yearning To Breathe Free of Sexual Persecution

February 19th, 2009 by Leonard Birdsong