He spoke no English, had no lawyer. An Afghan man’s case offers a glimpse into US immigration court

Hundreds of people gather near a U.S. Air Force C-17 transport plane at the perimeter of the international airport in Kabul, Afghanistan, Aug. 16, 2021. (AP)
Hundreds of people gather near a U.S. Air Force C-17 transport plane at the perimeter of the international airport in Kabul, Afghanistan, Aug. 16, 2021. (AP)
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Updated 25 September 2023
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He spoke no English, had no lawyer. An Afghan man’s case offers a glimpse into US immigration court

He spoke no English, had no lawyer. An Afghan man’s case offers a glimpse into US immigration court
  • The case reflects an asylum seeker who was ill-equipped to represent himself and clearly didn’t understand what was happening, according to experts who reviewed the transcript

NEW YORK: The Afghan man speaks only Farsi, but he wasn’t worried about representing himself in US immigration court. He believed the details of his asylum claim spoke for themselves.
Mohammad was a university professor, teaching human rights courses in Afghanistan before he fled for the United States. Mohammad is also Hazara, an ethnic minority long persecuted in his country, and he said he was receiving death threats under the Taliban, who reimposed their harsh interpretation of Islam after taking power in 2021.
He crossed the Texas border in April 2022, surrendered to Border Patrol agents and was detained. A year later, a hearing was held via video conference. His words were translated by a court interpreter in another location, and he said he struggled to express himself — including fear for his life since he was injured in a 2016 suicide bombing.
At the conclusion of the nearly three-hour hearing, the judge denied him asylum. Mohammad said he was later shocked to learn that he had waived his right to appeal the decision.
“I feel alone and that the law wasn’t applied,” said Mohammad, who spoke to The Associated Press on condition that only his first name be used, over fears for the safety of his wife and children, who are still in Afghanistan.
Mohammad’s case offers a rare look inside an opaque and overwhelmed immigration court system where hearings are often closed, transcripts are not available to the public and judges are under pressure to move quickly with ample discretion. Amid a major influx of migrants at the border with Mexico, the courts — with a backlog of 2 million cases -– may be the most overwhelmed and least understood link in the system.
AP reviewed a hearing transcript provided by Mona Iman, an attorney with Human Rights First now representing Mohammad. Iman also translated Mohammad’s comments to AP in a phone interview from Prairieland Detention Center in Alvarado, Texas.
The case reflects an asylum seeker who was ill-equipped to represent himself and clearly didn’t understand what was happening, according to experts who reviewed the transcript. But at least one former judge disagreed and said the ruling was fair.
Now Mohammad’s attorney has won him a new hearing, before a different judge — a rare second chance for asylum cases. Also giving Iman hope is a decision this week by the Biden administration to give temporary legal status to Afghan migrants living in the country for more than a year. Iman believes he qualifies and said he will apply.
But Mohammed has been in detention for about 18 months, and he fears he could remain in custody and still be considered for deportation.
AP sought details and comment from US Immigration and Customs Enforcement. The agency didn’t address questions on Mohammad’s case but said noncitizens can pursue all due process and appeals and, once that’s exhausted, judges’ orders must be carried out.
 
For his April 27 hearing, Mohammad submitted photos of his injuries from the 2016 suicide bombing that killed hundreds at a peaceful demonstration of mostly Hazaras. He also gave the court threatening letters from the Taliban and medical documents from treatment for head wounds in 2021. He said militants beat him with sticks as he left the university and shot at him but missed.
In court, the government argued that Mohammad encouraged migration to the US on social media, changed dates and details related to his history, and had relatives in Europe, South America and other places where he could have settled.
In ruling, Judge Allan John-Baptiste said the threats didn’t indicate Mohammad would still be at risk, and that his wife and children hadn’t been harmed since he left.
Mohammad tried to keep arguing his case, but the judge told him the evidentiary period was closed. He asked Mohammad whether he planned to appeal or would waive his right to do so.
Mohammad kept describing his claim, but John-Baptiste reminded him he’d already ruled. Mohammad said if the judge was going to ignore the humanitarian situation in Afghanistan, he wouldn’t ask for an appeal. John-Baptiste indicated he had considered it.
“You were not hit by the gunshot or the suicide bomber,” John-Baptiste said. “The harm that you received does not rise to the level of persecution.”
Mohammad continued, explaining how his family lives in hiding, his wife concealing her identity with a burqa.
“OK, are you going to appeal my decision or not?” John-Baptiste ultimately asked.
“No, I don’t,” Mohammad said.
“And we don’t want you to make the decision now that you can’t come back later and say you want to appeal. This is final, OK, sir?” John-Baptiste said.
“Yes. OK, I accept that,” Mohammad said.
He later asked whether he could try to come back legally. The judge started to explain voluntary departure, which would allow him to return in less than a decade, but corrected himself and said Mohammad didn’t qualify.
“I’m sorry about that, but, you know, I’m just going to have to order you removed,” John-Baptiste said. “I wish you the best of luck.”
Mohammad later told AP he couldn’t comprehend what was happening in court. He’d heard from others in detention that he had a month to appeal.
“I didn’t understand in that moment that the right would be taken from me if I said no,” he said.
 
Former immigration judge Jeffrey Chase, who reviewed the transcript, said he was surprised John-Baptiste waived Mohammad’s right to appeal and that the Board of Immigration Appeals upheld that decision. Case law supports granting protection for people who belong to a group long persecuted in their homelands even if an individual cannot prove specific threats, said Chase, an adviser to the appeals board.
But Andrew Arthur, another former immigration judge, said John-Baptiste ruled properly.
“The respondent knew what he was filing, understood all of the questions that were asked of him at the hearing, understood the decision, and freely waived his right to appeal,” Arthur, a fellow at the Center for Immigration Studies, which advocates for immigration restrictions, said via email.
Chase said the hearing appeared rushed, and he believes the case backlog played a role.
“Immigration judges hear death-penalty cases in traffic-court conditions,” said Chase, quoting a colleague. “This is a perfect example.”
Overall, the 600 immigration judges nationwide denied 63 percent of asylum cases last year, according to Syracuse University’s Transactional Records Access Clearinghouse. Individual rates vary wildly, from a Houston judge who denied all 105 asylum requests to a San Francisco one denying only 1 percent of 108 cases.
John-Baptiste, a career prosecutor appointed during the Trump administration’s final months, denied 72 percent of his 114 cases.
Before Mohammad decided to flee, his wife applied for a special immigrant visa, which grants permanent residency to Afghans who worked for the US government or military, along with their families.
But that and other legal pathways can take years. While they waited, Mohammad said, the Taliban came looking for him but instead detained and beat his nephew. Mohammad described making the devastating decision to leave his family, who had no passports.
He opted for a treacherous route through multiple countries to cross the US-Mexico border, which has seen the number of Afghans jump from 300 to 5,000 in a year.
Mohammad said he crossed into Pakistan, flew to Brazil and headed north. He slept on buses and trekked through Panama’s notorious Darien Gap jungle, where he said he saw bodies of migrants who didn’t make it.
Mohammad planned to live with a niece in North Carolina. Now he fears if he’s sent home and his wife gets her visa, they’ll be separated again.
Deportations to Afghanistan are extremely rare, with a handful each year.
Attorney Iman said they’re grateful Mohammad’s case has been reopened, with a hearing scheduled for Oct. 4. She is fighting for his immediate release.
“I have no doubt that his case would have turned out differently had he been represented,” Iman said. “This is exactly the type of vulnerable individual that the US government has promised, has committed to protect, since it withdrew from the country.”
 

 

 


US combat ship ‘illegally’ entered territorial waters: China’s military

US combat ship ‘illegally’ entered territorial waters: China’s military
Updated 04 December 2023
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US combat ship ‘illegally’ entered territorial waters: China’s military

US combat ship ‘illegally’ entered territorial waters: China’s military
  • China is in dispute with several of its neighbors over its extensive claims of territorial waters in the South China Sea

BEIJING: China’s military on Monday said a US combat ship illegally entered waters adjacent to the Second Thomas Shoal, a disputed South China Sea atoll.
“The US seriously undermined regional peace and stability,” said a spokesperson for China’s Southern Theater of Operations in a statement.
The spokesperson also said the US deliberately disrupted the South China Sea and seriously violated China’s sovereignty.
China is in dispute with several of its neighbors over its extensive claims of territorial waters in the South China Sea.
In recent months it has had several confrontations with Philippine vessels, and also protested about US ships patrolling the disputed areas.
The spokesperson said the Chinese People’s Liberation Army organized maritime troops to follow and monitor the US ship., and that “its troops in the theater are on high alert at all times to resolutely defend national sovereignty.”

On Sunday, the Philippine Coast Guard deployed two of its vessels in the South China Sea after monitoring an “alarming” increase in the number of Chinese maritime militia vessels at a reef within the country’s exclusive economic zone.

 


Indonesia’s Marapi volcano erupts and blankets nearby villages with ash

Volcanic ash spews from Mount Marapi during an eruption as seen from Tanah Datar in West Sumatra on December 3, 2023. (AP)
Volcanic ash spews from Mount Marapi during an eruption as seen from Tanah Datar in West Sumatra on December 3, 2023. (AP)
Updated 04 December 2023
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Indonesia’s Marapi volcano erupts and blankets nearby villages with ash

Volcanic ash spews from Mount Marapi during an eruption as seen from Tanah Datar in West Sumatra on December 3, 2023. (AP)
  • Marapi’s alert level was maintained at the third-highest of four levels, Abdul Muhari said, and confirmed that authorities had been closely monitoring the volcano after sensors picked up increasing activity in recent weeks

PADANG, Indonesia: Indonesia’s Mount Marapi in West Sumatra province erupted Sunday, spewing white-and-gray ash plumes more than 3,000 meters (9,800 feet) into the air and sending hot ash clouds several miles (kilometers) away.
There were no immediate reports of casualties, said Ahmad Rifandi, an official with Indonesia’s Volcanology and Geological Hazard Mitigation Center at the Marapi monitoring post. The two routes for climbers were closed after the eruption and villagers living on the slopes of the mountain were advised to stay 3 kilometers (1.8 miles) from the crater’s mouth because of potential lava.
About 70 climbers started their way up the nearly 2,900-meter (9,480-foot) mountain on Saturday and became stranded. So far, 49 have been successfully evacuated with the rest still awaiting rescue, said Hari Agustian, an official at the local Search and Rescue Agency in Padang, the capital city of West Sumatra province.
He said about 168 rescuers, including police and soldiers, have been deployed to rescue all the climbers.
A video on social media shows the climbers were evacuated to a shelter, their faces and hair smeared with volcanic dust and rain.
National Disaster Management Agency spokesperson Abdul Muhari said several villages were blanketed with falling ash, blocking out the sun in many areas. Authorities distributed masks and urged residents to wear eyeglasses to protect them from volcanic ash, he said.
About 1,400 people live on Marapi’s slopes in Rubai and Gobah Cumantiang, the nearest villages about 5 to 6 kilometers (3.1 to 3.7 miles) from the peak.
Marapi’s alert level was maintained at the third-highest of four levels, Abdul Muhari said, and confirmed that authorities had been closely monitoring the volcano after sensors picked up increasing activity in recent weeks.
Marapi has been active since January when it also erupted without causing casualties. It is among more than 120 active volcanoes in Indonesia, which is prone to seismic upheaval due to its location on the Pacific “Ring of Fire,” an arc of volcanoes and fault lines encircling the Pacific Basin.
 

 


Despite rising demand, arms sales hampered by production woes: study

Despite rising demand, arms sales hampered by production woes: study
Updated 04 December 2023
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Despite rising demand, arms sales hampered by production woes: study

Despite rising demand, arms sales hampered by production woes: study
  • US arms suppliers are particularly vulnerable to supply chain disruptions as many of the weapon systems they produce are more complex

STOCKHOLM: Even with the war in Ukraine fueling demand, revenue for the world’s top arms suppliers dipped in 2022, as production issues kept companies unable to increase production, researchers said Monday.
The sales of weapons and military services by the 100 largest arms companies in the world totalled $597 billion in 2022, a decrease of 3.5 percent compared to 2021, according to a new report by the Stockholm International Peace Research Institute (SIPRI).
At the same time, geopolitical tensions coupled with Russia’s invasion of Ukraine fueled increased demand for weapons and military equipment.
Diego Lopes da Silva, a senior researcher at SIPRI, told AFP that in this context the slowdown in revenue was “unexpected.”
“What the decrease really shows is that there is a time lag between a demand shock like the war in Ukraine and the ability of companies to scale up production and really meet that demand,” Lopes da Silva said.
According to SIPRI, the decline was in large part due to diminished revenues among major arms makers in the United States, where manufacturers struggled with “supply chain issues and labor shortages” stemming from the Covid-19 pandemic.
The United States alone saw a 7.9 percent decrease but still made up for 51 percent of total arms revenue in 2022, with 42 companies among the world’s top 100.

US arms suppliers are particularly vulnerable to supply chain disruptions as many of the weapon systems they produce are more complex.
“That means that the supply chain is also more complex, and it has more parts, which means it’s more vulnerable,” Lopes da Silva said.
Russian arms makers also saw revenues drop significantly in the report, falling by 12 percent to $20.8 billion.
The decline was in part due to sanctions imposed on Russia over Ukraine, but Lopes da Silva also noted that lower revenues could also be the result of delayed payments from the Russian state.
In addition, the transparency of arms makers in Russia has diminished and only two Russian companies were included in the top 100 “due to a lack of available data,” according to SIPRI.
In contrast in other parts of the world such as the Middle East and Asia and Oceania, weapon makers producing less complicated systems were able to respond to the increased demand.
The Middle East in fact saw the biggest increase of any region by percentage, growing 11 percent to reach $17.9 billion.
Turkish companies in particular saw an increase, with Baykar — which produces an unmanned drone widely used in Ukraine — seeing a 94 percent increase in revenue.

The combined revenue for arms suppliers in Asia and Oceania rose by 3.1 percent, reaching $134 billion in 2022.
China, which after the US represented the second largest supplier by country, saw its eight arms companies in the ranking increase their combined revenues by 2.7 percent, reaching to $108 billion.
Looking forward, Lopes da Silva said there were no signs of demand slowing down.
“In the company reports, something very interesting that we found is that the order intake and the backlogs of the companies, they are increasing by a lot,” he told AFP.
Added to that, many European countries have pledged increased military spending targets in the wake of Russia’s invasion of Ukraine, with some targets reaching all the way to 2030.
“We’re seeing that this demand will continue for the years to come. So we expect military spending to continue to increase and consequently arms revenues,” Lopes da Silva said.
 

 


Magnitude 6.9 quake latest to rattle southern Philippines

Magnitude 6.9 quake latest to rattle southern Philippines
Updated 04 December 2023
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Magnitude 6.9 quake latest to rattle southern Philippines

Magnitude 6.9 quake latest to rattle southern Philippines
  • At least two people were killed and several were injured after Saturday’s quake, authorities said. It was followed by a series of aftershocks of magnitudes exceeding 6.0 through Sunday, according to the USGS

MANILA: A magnitude 6.9 earthquake struck off the coast of the southern Philippines early Monday, the United States Geological Survey said, the latest in a slew of strong quakes all concentrated in the same area.
Monday’s quake hit just before 4:00 am local time, (2000 GMT Sunday), at a depth of 30 kilometers (18 miles), some 72 kilometers northeast of Hinatuan municipality on Mindanao island.
That followed a magnitude 6.6 earthquake on Sunday and a deadly magnitude 7.6 quake Saturday in the same region, which had briefly triggered a tsunami alert.
At least two people were killed and several were injured after Saturday’s quake, authorities said. It was followed by a series of aftershocks of magnitudes exceeding 6.0 through Sunday, according to the USGS.
Hinatuan police Staff Sergeant Joseph Lambo said Sunday evening’s quake sent people rushing out of their homes again.
“They were panicking due to the memory of the previous night’s quake,” Lambo told AFP.
He said police were checking for any further damage or casualties.
Saturday’s quake triggered tsunami warnings across the Pacific region and sent residents along the east coast of Mindanao fleeing buildings, evacuating a hospital and seeking higher ground.

There have been no reports of major damage to buildings or infrastructure so far, disaster officials told AFP earlier on Sunday.
A 30-year-old man died in Bislig City, in Surigao del Sur province, when a wall inside his house collapsed on top of him, said local disaster official Pacifica Pedraverde.
Some roads in the city were cracked during the earthquake and aftershocks but vehicles could still drive on them, she said.
A pregnant woman was killed in Tagum city in Davao del Norte province, the national disaster agency said, without providing details.
Two people suffered minor injuries from falling debris in Tandag City, about 100 kilometers north of Bislig, an official said.
The Philippine seismology institute initially warned of a “destructive tsunami” after the first quake Saturday, expecting “life threatening” waves, though none occurred and the warning later ended.
Small swells were reported as far away as Japan’s eastern Pacific coast, where a tsunami warning was also briefly in effect. Palau, a western Pacific archipelago located about 900 kilometers off Mindanao, reported no impact.
The recent temblors came some two weeks after a 6.7 magnitude quake hit Mindanao, killing at least nine people, shaking buildings and causing part of a shopping mall ceiling to collapse.
Earthquakes are a daily occurrence in the Philippines, which sits along the Pacific “Ring of Fire,” an arc of intense seismic and volcanic activity that stretches from Japan through Southeast Asia and across the Pacific basin.
Most are too weak to be felt by humans.

 


At least 47 dead in Tanzania landslides: local official

A general view of Dar es Salaam, Tanzania. (AFP)
A general view of Dar es Salaam, Tanzania. (AFP)
Updated 04 December 2023
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At least 47 dead in Tanzania landslides: local official

A general view of Dar es Salaam, Tanzania. (AFP)
  • “Up to this evening, the death toll reached 47 and 85 injured,” Queen Sendiga, regional commissioner in the Manyara area of northern Tanzania, told local media

DAR ES SALAAM: At least 47 people were killed and 85 others injured in landslides caused by flooding in northern Tanzania, a local official announced Sunday, with warnings the toll would rise.
Heavy rain on Saturday hit the town of Katesh, some 300 kilometers (186 miles) north of the capital Dodoma, district commissioner Janeth Mayanja said.
“Up to this evening, the death toll reached 47 and 85 injured,” Queen Sendiga, regional commissioner in the Manyara area of northern Tanzania, told local media.
Both warned that the death toll was likely to increase.
Mayanja added the many roads in the area had been blocked by mud, water and dislodged trees and stones.
Tanzania’s President Samia Suluhu Hassan, in Dubai for the COP28 climate conference, sent her condolences and said she had ordered the deployment of “more government efforts to rescue people.”
Images broadcast on state television TBC showed many flooded homes and vehicles stuck in thick mud.
After experiencing an unprecedented drought, East Africa has been hit for weeks by torrential rain and flooding linked to the El Nino weather phenomenon.
The downpours have displaced more than a million people in Somalia and left hundreds dead.
In May, torrential rains caused devastating floods and landslides in Rwanda that killed at least 130 people.
El Nino is a naturally occurring weather pattern that originates in the Pacific Ocean and drives increased heat worldwide, bringing drought to some areas and heavy rains elsewhere.
Scientists expect the worst effects of the current El Nino to be felt at the end of 2023 and into next year.
Between October 1997 and January 1998, massive flooding exacerbated by heavy El Nino rains caused more than 6,000 deaths in five countries in the region.
Scientists say extreme weather events such as flooding, storms, droughts and wildfires are being made longer, more intense and more frequent by human-induced climate change.