The Fall of Kunduz, Afghanistan and Asylum for Afghanis

Recently, the city of Kunduz, Afghanistan has fallen to the Taliban. Kunduz, major commercial hub, is the first major city in Afghanistan to be captured by the Taliban since the radical group was ousted from power by U.S. military forces. Although Afghani security forces are typically able to recover cities from Taliban control quickly, the fall of Kunduz is a worrisome indicator that the country may become increasing unstable and dangerous. Due to the Taliban’s capture of the city, Afghani nationals in the United States may have increasingly strong cases for asylum in the United States.

Fall of Kunduz, Afghanistan and Asylum for AfghanisWHAT IS AYLUM

An asylee is an individual who establishes a well-founded fear of persecution on account of race, religion, nationality, political opinion or membership in a particular group. An asylee is a person applying for such protection within the US. In addition to i) proving a well-founded fear on one of the enumerated bases, applicants for asylum should ii) apply within 1 year of entering the US.

A “well-founded fear,” again, has to be on account of a specific basis of race, religion, nationality, political opinion or membership in a particular group. This basic definition is proven to be difficult to consistently implement, particularly in cases where a person is claiming that their persecution is due to membership in a particular group. Generally, social group should be somewhat narrowly defined. Another issue within the discussion of “well-founded fear” include the fact that an applicant must prove that the fear is reasonable, and “reasonable”means that there is a reasonable possibility that the person would be persecuted. The US Supreme Court suggests that a 1/10 rule, in that if there is a 10% risk that the applicant will suffer persecution, the fear is well-founded.

THE FALL OF KUNDUZ AND ASYLUM

While there is a rule requiring asylum applicants to apply within 1 year of entering the US, there are exceptions. Some of these exceptions include changed country conditions and extraordinary circumstances. In the case of changed country conditions, the applicant would have to show that the circumstances have changed in their home country, to the point a claim for asylum would accrue. At the point that the claim accrued, the asylum applicant must apply within a reasonable time. As for extraordinary circumstances leading to delay in filing, such circumstances can include serious illness or disability, which may include PTSD as a result of past harm.

Because of the city of Kunduz was recently captured by the Taliban, such changes in country condition and extraordinary circumstances as described above may have taken place for many Afghani nationals. Although Afghanistan already high rates of asylees in the United States, the fall of Kunduz presents increasing odds that requests for asylum will be granted.

HOW WE CAN HELP

The asylum process is complicated and can be difficult to navigate. An attorney will ensure that the best evidence available will be submitted, including evidence that the applicant may secure, to relevant details emphasized in human rights reports as they apply to the applicant. The statutory and precedential case law is very nuanced, and a qualified attorney will be able to properly classify the applicant and present a strong case. In cases of defensive asylum, in which the applicant is in removal proceedings, it is critically important to have a qualified attorney to present a case before an immigration judge. Experience and success in presenting asylum cases before immigration court is key.

Feel free to call our office at (415) 643 4342 and (510) 742 5887