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by clamprecht
3998 days ago
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The best part of the story is how he hacked the US immigration system to be able to stay in the US after serving his time: > Factoring in time served and a reduction for good behavior, Naskovets got out in September 2012. He faced a deportation order that would have sent him back to Belarus. Representing himself in immigration court, he argued that he risked torture if sent home, based on his run-ins with the KGB. As a signatory to the U.N. Convention Against Torture, the U.S. cannot send someone back to a country knowing he’s likely to be tortured. An immigration judge sided with Naskovets. The government appealed.
Here’s where Naskovets’s optimism proved justified. While he was buffing floors in a county prison in Pennsylvania, his case had caught the attention of Stephen Yale-Loehr, a law professor who runs an immigration clinic at Cornell. With the help of Yale-Loehr and his students, Naskovets fought Immigration and Customs Enforcement in court for two years—and in October 2014 the agency decided to let him stay. |
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I represented many, many individuals who were in removal proceedings (deportation) or where otherwise immediately detained while entering the US without authorization/documentation. In many instances there was a real threat to the lives of my Clients if returned to their home countries (Haiti and Columbia) that they would be killed/tortured by the political opposition and/or FARC. But they didn't hack the legal system, they availed themselves to it.
[1] http://www.uscis.gov/humanitarian/refugees-asylum/asylum/obt... [2]http://www.uscis.gov/humanitarian/refugees-asylum/asylum