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July 31, 2015

ADEMO v. LYNCH



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A person who is granted asylum (often called an "asylee") has the immediate legal right to live and work in the United States.

While asylum is a relative secure immigration status to have in the United State, there are certain limitation and responsibilities which come with the status. 

Some asylees who who are applying fro a green card will have to submit additional paperwork along with their applications, for example, if an asylee has been convicted of certain crimes, or was forced to make misrepresentation in an initial visa application in order to escape persecution, that person must apply for a "waiver of inadmissibility" to qualify for lawful permanent resident status. Certain crimes and misrepresentation can legally bar a person from obtaining lawful permanent status, and in some instances can lead to revocation of a person's asylum status.  This is what happened to Mr. Ademo. 

Mr. Ademo travel from Etiopia, and entered the U.S. in 2002. He carried a valid Ehiopian passport and non-immigrant visitor's visa issued under the name of Hiko. Shortly thereafter, he sought asylum. He asserted that the Ehiopian government persecuted him on account of his political opinion, and that he had a well-founded fear of persecution if he were returned. Mr. Ademo claimed that he was detained and beaten because of his membership in ithe Oromo ethnic group and in retaliation for his support of an organization called the Oromo Liberation Front. Mr. Ademo admitted that he traveled under a false name and the Immigration Judge expressed concern about his testimony that he was allowed to leaved jail to take a school finishing exam during a period of alleged persecution, but granted he his application for asylum. In July 2006, however, newly discovered evidence relating to Mr. Ademo's identity. The Immigration judge granted the motion. Ultimately, the Board of Immigration Appeals denied Mr. Ademo application for asylum, withholding of removal, and protection under the Convention Against Torture. See Ademo v. Lynch, No. 13-2621 (8th Cir. 2015) decided on July 30, 2015.