#61
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Re: Amos Yee flees to US
https://www.facebook.com/martynsee/p...08648444104284
Yee argues that his persecution was on account of his political opinion. A political opinion is an opinion "that is expressed through political activities or through some sort of speech in the political arena." Li v. Gonzales, 416 F.3d 681, 685 (7th Cir. 2005). This may include "someone who campaigns against the government and urges the voters to throw the rascals out' and “someone who writes an op-ed piece or otherwise urges the people to rid themselves of corrupt officials.” Musabelliu v. Gonzales, 442 F.3d 991,995 (7th Cir, 2006). An asylum applicant may show a persecutor's motives through direct or circumstantial evidence, INS v. Elias-Zacarias, 502 U.S. 478, 483 (1992). Such evidence may include statements by persecutors or treatment of others in the population who are in a similar situation. See Matter of S-P., 21 I&N Dec. 486, 494 (BIA 1996). “In certain cases, the factual circumstances alone may constitute sufficient circumstantial evidence of a persecutor's motives.” Martinez-Buendia y, Holder, 616 F.3d 711, 715 (7th Cir. 2010) (internal citations omitted). The court should look to the context in which these circumstances occurred, and evaluate “what individual or group of individuals issued a particular threat, in what setting, and for what purpose." Miley v. INS, 67 F.3d 1325, 1331 (7th Cir. 1995). A persecutory motive is one in which an individual seeks to "overcome a protected characteristic of a victim.” Matter of Kasinga, 21 I&N Dec. 357, 365 (BIA 1996). Yee has produced evidence from which it is reasonable to believe that his persecution at the hands of the Singapore government was on account of his political opinion, Singapore's stated reason for Yee's prosecution was for his wounding religious feelings, AS explained below, Singapore's prosecution of Yee for wounding religious feelings was pretextual, as its real purpose was to stifle Yee's political speech. The Department of Homeland Security, which opposes Yee's asylum request, argues that Yee was prosecuted under laws of general applicability and therefore does not qualify as persecution on account of Yee's political opinion. But prosecution under laws of general applicability may still constitute persecution when executed for a "nefarious purpose." Sharify, INS, 87 F.3d 932, 935 (7th Cir. 1996); see also Matter of Acosta, 19 I&N Dec. 211, 222 (BIA 1985) (“Prosecution for violating travel restrictions and laws of general applicability did not constitute persecution, unless the punishment was imposed for invidious easons."); Guchshenkov v Ashcroft, 366 F.3d 554, 559 (7th Cir. 2004) (quoting Perkovic v INS, 33 F.3d 615,622 (6th Cir. 1994) ("International law. . . does not permit the prohibition and punishment of peaceful political expression and activity, the very sort of conduct in which the petitioners engaged here,”)). Importantly, as the Second Circuit has held, "prosecution that is pretext for political persecution is not on account of law enforcement.” Jin Jin Long v. Holder, 620 F.3d 162, 166-167 (2d Cir. 2010) (citing Xun Liv. Holder, 559 F.3d 1096, 1108-10 (9th Cir. 2009)). To determine whether legal prosecution under laws of general applicability may be a pretext for persecuting an asylum applicant for his political speech, the court looks to factors such as “the nature of the crime and the severity of the punishment, as well as the applicant's political opinion, the motives behind his actions, the nature of the act committed, the nature of the prosecution and its motives, and the nature of the law on which the prosecution is based.” In the matter of S-P, 21 I&N Dec. 486, 493 (1996) (quoting Matter of Izatula, 20 I&N Dec. 149, 157 (BIA 1990) (Vacca, Bd. Member, concurring). Examining these factors, it is clear that Yee's prosecutions for wounding religious feelings and obscenity was just a pretext to silence his opinions. First, the video “Lee Kuan Yew is Finally Dead' video, which is transcribed as Exhibit 5, Tab B4, was scathing in its criticism of not just Yew but of the Singapore regime in general. About Yew; "He was a dictator but managed to fool most of the world to think he was a democrat, . . . During your rule, you controlled the entire media and education, proliferating nationalistic propaganda on a daily basis, . . . Despite our voting rights, he is undoubtedly totalitarian,’ ld. About Singapore in general: “We are one of the richest countries in the world, but we have one of the highest income inequalities, highest poverty rates, and our government spends one of the lowest on healthcare and Social Security. The money spent on the public is so low, it's more representative of a third world country, And yet the amount of taxes is one of the highest in first world countries." Id So, the video contained harsh criticism of both Yew and the Singapore government, Second, religion was only tangential to the video. The video is almost entirely about Yew and Singapore, and its discussions of religion were only used to make a point about Yee's dismal opinion of Yew. In fact, religion took up only about 30 seconds of the video's 8%-minute (Content, Third, the public response to the video was entirely about its criticism of Yew, not about its offense to religion. Yee and both his witnesses testified similarly about the nature of the public attention to the video, and their testimony went unrebutted by DHS. Fourth, the evidence presented showed that Yee's prison sentence was unusually long and harsh, especially for a young offender, Fifth, the terms of Yee's pre-trial release prohibited him from posting to social media. These restrictions were also highly unusual and restrictive and served the main purpose to silence Yee's criticism of the government. Sixth, other people who made disparaging comments about religions but who were not similarly critical of the Singapore regime avoided prosecution. These include Calvin Cheng and Jason Neo, See Exh. 5, Tabs D1 and D3. Both made comments critical of Islam, equating Muslims with terrorists. Neither was charged. Seventh, regarding the obscenity charge related to the line drawing, many more-explicit pictures are available to the Singapore public and do not result in prosecutions. But this particular drawing had the face of Yew superimposed on one of the figures (behind one with Margaret Thatcher's head). This again raises the inference that the prosecution was politically motivated. Eighth, the country condition reports and expert and lay witness testimony all describe that this is the modus operandi for the Singapore regime - critics of the government are silenced by civil suit for defamation or criminal prosecutions. So, though Yee's prosecutions may have been legal under Singapore law, they clearly served a "nefarious purpose,” namely, to stifle political dissent, See Sharif, 87 F.3d at 935. Thus, Yee has demonstrated he suffered past persecution on account of his political opinion. 4. Inflicted by the Singapore Government The political persecution was a criminal prosecution by the Singapore government and was therefore inflicted by the government, Tarraf v. Gonzales, 495 F.3d 525, 527 n.2 (7th Cir. 2007); see also Firmansjah, 424 F.3d at 606. 5. Presumption of a Well-Founded Fear of Persecution Past persecution raises a rebuttable presumption of a well-founded fear of future persecution on the basis of his original claim, 8 C.F.R. S. 1208. 13(b)(1); Marquez v. INS, 105 F.3d 374,379 (7th Cir. 1997); see also Xiao v, Mukasey, 547 F.3d 712, 716 (7th Cir. 2008). The government may rebut this presumption by establishing, by a preponderance of the evidence, that either: (1) there has been a fundamental change in circumstances in the country of removal, such that Yee's life or freedom would not be threatened on account of the protected ground; or (2) Yee could avoid future persecution by relocating to another part of the country and under the circumstances, it would be reasonable to expect Yee to do so. 8 C.F.R. 8 1208. 13(b)(1)(i)-(ii). DHS has not presented any evidence to rebut this presumption, nor could they; the regime is the same and there's nowhere safe in Singapore for Yee to hide from the government, AS noted, Yee's return to Singapore would likely result in additional prosecutions, 6. Discretion The court will exercise its discretion in favor of granting asylum. The court's discretionary determination should be based on the totality of the circumstances. Matter of Pula, 19 I&N Dec. 467, 473 - 474 (BIA 1987) (balancing the fraud the alien committed when entering the United States against relevant humanitarian considerations such as age or poor health); Alsagladi, 450 F.3d at 701 ("An alien who enters the United States by fraud must show strong equities to merit a favorable exercise of that discretion,”); Aioub v. Mukasey, 540 F.3d 609, 612 (7th Cir. 2008), Yee's social media posts in Singapore, though undoubtedly offensive to many, do not create any basis to deny asylum as a matter of discretion. III, CONCLUSION Yee has met his burden of showing that he suffered past persecution on account of his political opinion and has a well-founded fear of future persecution in Singapore. Accordingly, this court grants his application for asylum. |
#62
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I already knew and said that long time ago. Fucking shame. SHAME!!!! That Stupid sporeans choose to support garbagement instead of sympathising with this dumb boy. Retribution coming La. After water hike, even more ways garbagement will invent to screw dumb sporeans And Kenneth will b even more targetted next. ______ Exchange points sympathetic ma |
#63
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Re: Amos Yee flees to US
He already succeeded in siam peng when he was given a certificate earlier by IMH.
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#64
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Re: Amos Yee flees to US
What was there to worry about NS. I enjoyed my 2 years thoroughly.
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#65
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Re: Amos Yee flees to US
My exact sentiments.
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#66
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Re: Amos Yee flees to US
During my time it was an honour to serve my country doing NS as at that time we know we are protecting our jobs ; our families and our homes . We could dream of the 5 Cs .
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How can you protect Singapore when you can't protect your own military hardware ? Many thanks to 70% who voted for them . |
#67
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Re: Amos Yee flees to US
Well we could only wish him all the best in the US . He definitely cannot come back to Singkieland .
__________________
How can you protect Singapore when you can't protect your own military hardware ? Many thanks to 70% who voted for them . |
#68
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Re: Amos Yee flees to US
But not many dare to make fun of a dead men in youtube
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#69
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I can't wait for TAM II when army boys drive their vehicles over protesting sporeans ______ Exchange points change ma |
#70
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______ Exchange points can come back ma |
#71
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U can make fun of dead men la.
Just read obituaries n choose one. Man or woman. Nothing will happen to u la ______ Exchange points scared ma |
#72
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Even a dumb kid like Amos KNOWS he will be targetted in ns. Do u honestly think garbagement will declare no one must touch him. Do u think saf will white horse Amos?? Bear In mind he already got whack twice by brain dead sporeans. For sure he go in, will b worse than prison. Just becos u have fun in ns doesn't mean everyone will ______ Exchange points white horse ma |
#73
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Re: Amos Yee flees to US
Oi young cheebye unicuntboy, be an obedient bitch and come in
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#74
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Re: Amos Yee flees to US
Hi all,
Amos boy already move on, nothing going to change. Just wish him well like any other who have left. As for NS, it's actually a kind of life experience. Place where u make many friends and withness many "outstanding" actor in the making. There are time that is painfully and time u have lots of fun. I have lots of fun and enjoy my NS days. For those yet to be enlisted, just go in and live your 2 years. U will look back thinking about it many years later. (Not everyone have this opportunity) Fish
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* Committed to return all kind mate who up my point, there are some with no new post that I can't up due to the long waiting list. apologize for the slow response. Almost 20bro in my return list, please take note. Thanks. |
#75
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Cos they're brainwashed that Amos is evil n evil ppl will b punished. Turns out he's now better than other sporeans. So now they sibei dulan... If there's an American address they can write to, confirm they'll write in to sabo Amos ______ Exchange points sour grapes ma |
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