[barrkel]

Case summary here: http://www.ca3.uscourts.gov/opinarch/104369np.pdf

It seems clear to me that at this point he is an economic migrant, rather than a refugee; and as that was the basis of his initial plea to stay (i.e. he was seeking asylum from persecution), the generally brutal machinery of bureaucracy is ejecting him from the country. (Apparently, credible death threats don't constitute sufficient grounds for asylum. But I don't think he is credibly at risk, even of that.)

It's very harsh on him and his wife, uprooting them from their community, etc., but on the other hand he ought to have little difficulty finding work and living anywhere he chooses in the EU.

Frankly, I don't think the US deserves him.

[tallanvor]

Well, no, credible death threats aren't sufficient grounds - they would have to show that not only are the death threats credible, but that the government is purposefully not protecting him from the threats.

I can understand that he feel's the US is his home and he shouldn't have to leave, but he's basically been trying to play the system for 20 years. He was told what he had to do to get a visa legally, but he wasn't willing to do so.

[0x12]

It is the system that allows you to play the system for 20 years. If the process were more clear cut and less slow then I'd agree with you but after some reasonable period of time (say 5 years) has passed and someone has proven to be a productive member of society it is in everybody's interest to maintain the status quo.

People have come to the US in their 40's and have died of old age waiting for their paperwork in cases where everything went A-ok (ditto for Canada), it's no surprise that the negative side is just as slow.

Case not finished in 5 years? Here is your passport.

It's typically not the people that go through this mill that control the speed with which it turns but the government side.

Note that it took more than 4 years before they even had their first hearing.