For undocumented immigrants who are seeking asylum in the United States, a sense of consistency needs to be present. One of the most important portions that are involved in the process of seeking asylum deals with the Convention Against Torture. If you are an immigrant who has reason to fear torture from the country that you originate from, it is essential for you to apply for protection under the United Nations Convention Against Torture. The requirements involved in the application for protection under the CAT are very specific. You can easily be disqualified for protection because of inconsistencies in your accounts or for some other violation related to immigration. The case of Gonchigsharav Nadmid clearly illustrates the need for consistency if an undocumented immigrant wants to benefit from the protective measures that are made available through the CAT.
Nadmid’s story starts in 2007 when he entered the United States through the use of a visitor’s visa. Nadmid is a native of Mongolia and stayed in the United States from 2003 to 2007. Nadmid had a brief run in with the law when he was charged with a DUI in 2007. Following these events, Nadmid chose to return to his country of origin to start a business.
Nadmid entered the United States again in 2009 using his visitor’s visa. Once Nadmid reached the Chicago O’Hare International Airport, he was detained by a customs officer and was subjected to two interviews. During the first interview, Nadmid stated that he was there to visit his daughter who was a U.S. green card holder. The officer interviewing Nadmid asked him if he had any reason to fear a possible return to Mongolia. Nadmid answered no to this question. After the first interview, Nadmid had a conversation with his daughter. After Nadmid’s conversation, he headed for his second interview where he delivered an account that contradicted his previous statement.
During the second interview with the same official, Nadmid claimed that he feared a possible return to his country because of threats that he had received from a mining operation that was based there. Nadmid claimed that he rejected the mining operation’s extortion offers and was subjected to ominous threats as a result. A month after his second interview, Nadmid had a meeting with an asylum officer. During this interview, the asylum officer determined that Nadmid did have credible reason to fear persecution upon his return to Mongolia.
In spite of this development, an immigration judge did not grant Nadmid’s pleas for asylum and protection under the CAT. The immigration judge found the contradictory accounts that Nadmid delivered during his two airport interviews too difficult to ignore and promptly rejected the Mongolian’s bid for asylum. Cases involving asylum and protection against torture require the assistance of a capable team of lawyers. If you or someone you know needs legal counsel regarding immigration issues, please contact the immigration attorneys at Lyttle Law Firm in Austin, Texas by visiting our website or calling us today at 512-215-5225.