Friends, The new Alliance Alert Daily Digest is finally here! You can subscribe to the daily e-mail here: Subscribe to our mailing list * indicates required Email Address * First Name * Last Name *
FOX News: “A German home-schooling family facing deportation following the Supreme Court’s refusal to hear their appeal is being allowed to stay in the U.S. The Department of Homeland Security has granted the family “indefinite deferred status,” their attorney confirmed to Fox News.”
Religion Clause: “The U.S. Supreme Court today denied certiorari in Romeike v. Holder, (Docket No. 13-471, cert. den. 3/3/2014)). (Order List.) In the case, which has been widely followed by home school advocates, the 6th Circuit denied asylum to a German evangelical Christian family that sought to remain in the United States based on a fear of persecution in Germany because of Germany’s ban on home schooling.”
Religion Clause: “In Chang Qiang Zhu v. Holder, (2d Cir., Jan. 23, 2013), the U.S. Second Circuit Court of Appeals vacated and remanded for further proceedings the denial by an Immigration Judge of an application for asylum, withholding of removal and relief under the Convention Against Torture brought by a Chinese Christian man who claimed religious persecution in China.”
Charisma News: In a joint amicus brief filed Dec. 19, 2013, regarding Romeike v. Holder, Alliance Defending Freedom and the German home-school organization Schuzh pointed out that Germany is violating international human rights standards and asked the U.S. Supreme Court to take the case because of its bearing on human rights issues around the world. (Read the amicus brief online.)
Inquistr: The Romeike family deportation case is awaiting a hearing in the US Supreme Court. A friend-of-the-court brief was recently filed by the Alliance Defending Freedom group. The organization is a support group for German homeschooling families. Attorneys with the Alliance Defending Freedom office in Vienna, Austria drafted the legal document in support of the Romeike family’s request for a review of the deportation order issued by Eric Holder’s Department of Justice.
Alliance Defending Freedom and a legal support group for German homeschooling families submitted a friend-of-the-court brief with the U.S. Supreme Court Thursday that asks the court to reinstate asylum for a persecuted German family.
WorldNetDaily: The most recent order from the Supreme Court instructs U.S. Attorney General Eric Holder to respond to a petition by the Home School Legal Defense Association for the high court to hear arguments in the case of Uwe and Hannelore Romeike and their six children.
Religion Clause Blog: Citing legal attacks in Sweden on kosher slaughter and ritual circumcision, a Jewish political adviser to the Swedish party Folkpartiet announced in an article in Mosaic Magazine that she is applying for refugee status in her own country.
Christian News Network: The Homeschool Legal Defense Association (HSLDA) is calling for a day of prayer and fasting on behalf of a Christian homeschooling family that is fighting deportation to their homeland of Germany . . . HSLDA has now set Sunday, November 17th as a day of prayer and fasting for the Romeike family, as it anticipates that the Supreme Court will decide whether or not to hear the case on November 26th.
AP: Refugees facing imprisonment in their home country because they are gay may have grounds to be granted asylum in the European Union, the 28-nation bloc’s top court ruled Thursday. | European Court of Justice press release: Homosexual applicants for asylum can constitute a particular social group who may be persecuted on account of their sexual orientation | Judgment
Lambda Legal: Last April, the Immigration Judge concluded that Anthony had not proved he was gay, pointing to the children, to Anthony’s earlier relationships with women, and to testimony that Anthony had not told his children or their mothers that he is gay. However, in their friend-of-the-court brief, Lambda Legal and CHLP cited several studies documenting that for many LGB individuals, acknowledging that one is lesbian, gay or bisexual is often a prolonged process.
House of Lords discusses persecution of Christian’s outside of Britain and the challenges faced by Christian asylum seekers to the UK.
British Pakistani Christian Association: A gathering of humanitarians of different faiths convened at the House of Lords yesterday at a meeting hosted by Baroness Berrige, Chair All Party Parliamentary Group on International Freedom of Religion and Belief
AP: A couple who fled Germany in order to home-school their children is asking the U.S. Supreme Court to grant them asylum.
LifeSiteNews: Today the Home School Legal Defense Association (HSLDA) is filing a petition with the United States Supreme Court to hear Romeike v. Holder, the German homeschooling asylum case.
his is one of a series of cases in which we have similarly upheld the BIA’s determination that there have not been changed country conditions for Christians returned to China who wish to practice in unregistered churches, such as to warrant an exception to the time limits on motions to reopen.
Legal Insurrection: I’ll have to leave the next questions to the immigration law experts: Would the Romeikes have been better off under the Gang of 8 bill and/or Obama administrative policy if they did not apply for asylum, which is a legal route to permanent residency, but instead came here illegally?
Boston.com: Attorneys for Christian parents who fled Germany in order to home school their children but have been denied U.S. asylum said they are preparing to ask the U.S. Supreme Court to hear the case and were working with Congress to try to change asylum law.
British Appeals Court Upholds Asylum Denial; Returning Boy To Be Circumcised and Rasied As Muslim Does Not Violate His Rights
Religion Clause Blog: In SS (Malaysia) v. Secretary of State, (EWCA, July 18, 2013), Britain’s Court of Appeal, upheld the denial of asylum to a Roman Catholic woman from Malaysia visiting England and to her 6 year old son. The woman, whose husband (still in Malaysia) had recently converted to Islam, objected to the fact that if she returned her husband would insist their son be raised as a Muslim and circumcised.
Art Leonard Observations: A three-judge panel of the U.S. Court of Appeals for the 11th Circuit ruled on July 8 that Oleksiy Okhremenko, a gay man from Ukraine, is entitled to reconsideration of his petition for asylum in the United States . . . Okhremenko v. U.S. Attorney General, 2013 U.S. App. LEXIS 13719 (11th Cir., July 8, 2013) (unpublished disposition).
HSLDA: On Wednesday, June 12, the Court of Appeals for the Sixth Circuit took the encouraging step of ordering the Department of Justice to respond to Home School Legal Defense Association’s request to have the Romeike case reheard by the entire Sixth Circuit.
The American Spectator: Mr. Goldstein rightly notes that the U.S. grants asylum to people “seeking protection because they have suffered persecution or fear that they will suffer persecution due to: Race, religion, nationality, membership in a particular social group or political opinion.” It seems to me that the Romeike’s religious beliefs, which led them to pull their kids out of public school, qualify. And beyond all of the legal wrangling, this one just doesn’t pass the smell test. Do the right thing, Mr. Holder.
The Hill: Attorney General Eric Holder is under pressure from House Republicans to give a German family asylum so its children can be homeschooled in the United States and be taught “Christian values.”
Turtle Bay and Beyond: The AP reports on a US Apeals Court decision to leave a family of homeschoolers at the mercy of the German Government, even though the Court found that the US Constitution forbids the state from prohibiting homeschooling. The family faces impossible fines and loss of custody of their children if they are returned to Germany. They should have just pretended to be gay.
Eugene Volokh at the Volokh Conspiracy: Jonathan posted earlier today about Romeike v. Holder (6th Cir. May 14, 2013), which reject German homeschoolers’ asylum claim. The opinion is quite readable and persuasive, and I recommend it to those interested in the subject. But here’s my general thinking (reprised from 2010 post on the original immigration judge decision in the case), and stressing that I’m not an expert on asylum law:
Jonathan Adler reports on the ruling at the Volokh Conspiracy: The relevant legislation applies only to those who have a “well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. § 1101(a)(42)(A). There is a difference between the persecution of a discrete group and the prosecution of those who violate a generally applicable law.
Rod Dreher at the American Conservative: Do, do, do read Andrew Doran’s TAC essay today about how US Mideast policy toward Iraq and others is destroying Christianity in the land of its birth. Note well this . . .
Baptist Press: A German family should be granted asylum in the U.S. because their s native government is denying a fundamental human right by preventing them from homeschooling their children, attorney Michael Farris told a three-judge panel of the U.S. 6th Circuit Court of Appeals Tuesday (April 23) in Cincinnati.
Robert Knight at Townhall: A courageous German Christian couple refused to hand over their children to the government schools and fled to America three years ago. Now, the Obama Administration is trying to send them back. A likely outcome would be the state seizing the children and imprisoning the parents.
Christian Newswire: Focus on the Family spokesman and Truth Project founder Dr. Del Tackett yesterday declared his support for HSLDA’s efforts to defend the Romeike family. Tackett believes that the U.S. government is siding with the restrictive homeschooling laws in Germany and that this could have serious implications for American homeschoolers.
Jillian Kay Melchior at NRO: Uwe and Hannelore Romeike fled to the United States in 2008, claiming the German government had denied their religious freedom by forbidding them from homeschooling their children. Now, the Obama administration is trying to send them back, even though the Romeikes might lose their children if they’re deported to Germany.
Todd Starnes at Townhall: The Romeike family fled their German homeland in 2008 seeking political asylum in the United States – where they hoped to home school their children. Instead, the Obama administration wants the evangelical Christian family deported.
Gary Ledbetter at Baptist Press: The reasoning of the U.S. Department of Justice is that no religious liberty issue exists with the Romeike case because the German law is not religiously orientated — all Germans are forbidden to educate their children, not just Christian ones.
Ben Bull at Townhall: Some sentences are made of words while others are made of jail time. And home-schooling families focused on the former kind of sentences are increasingly finding themselves under the threat of the latter—even in America. For example, consider Uwe and Hannelore Romeike
Baptist Press: The 6th U.S. Circuit Court of appeals has agreed to hear the case of a Christian family from Germany seeking asylum in the U.S. over their resolve to homeschool their five school-age children.
AP: A couple who fled Germany with their five children over fears they would lose custody for not sending them to school has asked a federal appeals court to grant them asylum in the U.S.
Religion Clause Blog: Last week (Aug. 27), the U.S. 9th Circuit Court of Appeals heard oral arguments in Ruiz-Diaz v. United States.
Religion Clause Blog: In Bundesrepublik Deutschland v Y and Z, (EU Ct. Justice, Sept. 5, 2012), the Court of Justice of the European Union interpreted the EU’s directive on the status of refugees in the case of two Pakistani members of the Ahmadiyya community who are seeking asylum in Germany. As summarized by the Court’s press release . . .
ACLJ: We are pleased to report that the ACLJ has successfully represented an Iranian man who converted from Islam to Christianity and applied for asylum in the United States
Religion Clause Blog: In Zhang v. Minister of Citizenship and Immigration, (Fed. Ct., May 4, 2012), Canada’s Federal Court ruled that it was improper for Canada’s Immigration and Refugee Board to decide that an applicant for refugee status was not a genuine Christian, based on questioning about the applicant’s knowledge of Christianity.
LifeNews: Chen Guangcheng, the Chinese forced abortion opponent, was reportedly pressured to leave the U.S. Embassy and accept the deal the United States struck with China to release Chen from its temporary protection.
LifeNews: Likely Republican presidential nominee Mitt Romney called on President Barack Obama today to provide any diplomatic protection possible for Chinese forced abortion opponent Chen Guangcheng, who escaped house arrest this past week.
LifeNews: An Obama administration official today would not say whether the Obama administration plans to provide political asylum or some sort of other diplomatic protection for Chen Guangcheng, the forced abortion opponent in China.
Europe News: There was concern over the plight of several Iranian Christian asylum seekers in Sweden Tuesday, April 24, after Swedish authorities decided to deport them despite fears they may be jailed or even executed there, Christians said.