Jane Doe, Asylum / Gonzalez v. Reno

Topics: United States, Law, Appeal Pages: 2 (558 words) Published: March 11, 2014
UNIT 3 ASSIGNMENT
To: Professor, Meegan Zickus
From: Jennifer Guerrieri
Date: January 19, 2014
Re: Jane Doe, Asylum
Subject: Case Brief: Gonzalez v. Reno, 212 F.3d. 1338 (2000) Facts:
The plaintiff a minor alien who survived a tragedy at sea, was rescued and placed in the custody of his great uncle, a temporary legal custodian. His great uncle filed several asylum applications on his behalf against the wishes of the minor's father in Cuba. The Immigration and Naturalization Service (INS) rejected the applications as void. The plaintiff appealed to the district court, which was dismissed because the father was the only one that could apply for his asylum case. The plaintiff appealed stating that the INS had violated §1158 of the Immigration and Nationality Act of 1996. The issue here was whether a non parental relative could apply or submit an application for asylum on behalf of the plaintiff against parental wishes. Issue:

1) Whether a temporary legal custodian, can file on behalf of a six (6) year old child, who lacks the capacity to file for himself, against the wishes of his father (sole survivor). Rule:
1) 8 USC § 1158
§1158 Asylum
(a) Authority to apply for asylum
(1) In general. Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section or, where applicable, section 1225 (b) of this title. Analysis:

The issue here is whether a non-custodial parent could submit an application for asylum on a minors behalf against the wishes of the minor's father. The ruling of the court states that under §1158 Asylum, Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival...
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