TO: Meegan Zickus, Attorney
FROM: Jennifer Beverly, Paralegal
DATE: September 17, 2013
RE: Jane Doe Asylum
SUBJECT: Legal Memorandum for Jane Doe’s Asylum
STATEMENT OF FACTS
Jane is a 14-year-old Canadian. She is not a dual citizen of any countries. She is not a United States Citizen. Her parents have been divorced for six years; since the divorce, she has lived with her father, John, in Quebec during the school term and with her mother, Anne, in New York during school breaks and holiday vacations. Under Canadian law, both Anne and John retained full custodial and parental rights following the divorce. Jane has historically had a good relationship with both of her parents; however, over the past two years she has become argumentative with and emotionally distant from both parents. Six months ago, Jane was living in New York during a school break. Halfway through the break, Jane telephoned her father in Toronto, asking to be allowed to return to Quebec early because she and Anne were not getting along. Her father told her she was to try to get along with her mother and remain in New York until the end of her school break as usual. Two days later, Jane left home in the early morning with friends for the day, her usual routine. At 6:00 that evening, Anne returned from work to find a message on her answering machine from Jane, saying that she was going to live with her 21-year-old uncle Billy in California. John received a similar message. On her way to stop Jane, Anne was killed in a car accident. Jane refuses to return to Canada. Since Jane is a minor, her Uncle Billy wants to file an asylum petition with U.S. Citizenship and Immigration Services on her behalf. The Uncle claims that Jane is afraid to return to Canada because John has physically abused her and that she will be used as a propaganda tool for the separatist movement.
1. Whether Jane, a minor, can petition for asylum on her own behalf....