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MEMORANDUM OF LAW
2
Memorandum (IRAC)
Dated: 4 December, 2012
Sub: Jane’s Asylum Case (IRAC)
Issue #1: The question whether any deadlines have passed that would now not allow Jane
to file a Petition for Asylum with the USCIS. Likewise, will the Court consider the death of
the mother an extraordinary circumstance affecting Jane’s eligibility.
Analysis: Since Jane has been in the country only for six months and two days, she is under the
deadline offered by USCIS to file a petition for seeking asylum. The loss of an only guardian and
one in a foreign country will be treated as an extraordinary circumstance, given the age of Jane.
Issue #2: Can asylum be sought by a 14 year old like Jane on her own behalf (absence of
guardian)?
Analysis: As in the case of Elian Gonzalez, since the one parent is alive and willing to take Jane
back in, Jane’s asylum petition will be declined without his endorsement. A federal judge may
dismiss the petition in all other cases (Vulliamy, 2010).
Issue #3: Whether Jane’s uncle Billy, without legal custody or guardianship of Jane, can
apply for asylum on Jane’s behalf?
Analysis: Jane’s uncle may not apply for legal custody or guardianship of Jane because one of
the parents is alive and Jane is a minor. Legally the uncle has not been entrusted the custody
of Jane by either or both of the parents, who shared and held it. There is no legal guardianship
agreement. Background of Billy may also come under the microscope, should the allegations of
MEMORANDUM OF LAW
abuse hold.
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Issue #4: How plausible it is for the persecution fears to hold? How strong would
allegations of abuse and allegations of being used as a propaganda tool affect the asylum
process?
Analysis: The fears of persecution stand a meagre chance of standing scrutiny because the nation
concerned, Canada, is fairly transparent in its dealings and is not otherwise known for human
rights excesses. The Courts will concur that the victim stands a fair chance of receiving justice in
a corresponding court of law across the border. Notes would be made about whether during the
divorce proceedings, any issues related to abuse were outed? Finally, the court will also take into
consideration the circumstances of Jane’s exit from her mother’s house and the impulsive nature
of it, which had tragic circumstances in the followup. These will detract from the credibility of
Jane, who will be seen as unstable.

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