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Culture War Roundup for the week of May 22, 2023

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My God. I was getting real deja vu. This is the exact sequence that happened four months ago. Down to the exact evasions about an “American wife” SS deployed after being challenged.

How often is the spouse of an American citizen who applies for a Green Card arrested and deported? He was in the United States illegally because he was actually escaping political persecution unlike the millions of asylum seekers who are welcomed with open arms while their cases are adjudicated, but it did not qualify as such in the eyes of the United States and his application for political asylum was rejected. The United States deported him even though he faced prison for what would be legally protected speech in the United States.

On 11 September 2004, Rudolf married a US citizen and settled in Chicago; the couple later had a child.[8] He applied for political asylum, or at least for the right not to be expelled, but this was rejected in November 2004 on the basis that the application had no merits and was a case of frivolous litigation. Rudolf appealed against this ruling, and in early 2006 the US Federal Court in Atlanta found that his application was not "frivolous", but upheld the decision that it had no merit.[1] The Immigration Services said that Rudolf did not have a right to file an application to remain with his family. On 14 November 2005, Rudolf was extradited to Germany where he was wanted for incitement of racial hatred (Volksverhetzung).[9] On arrival there, he was arrested by the police and transferred to a prison in Rottenburg, then to another in Stuttgart in Baden-Württemberg

Good.

Dude was told he wouldn’t get asylum, then got married, then tried to appeal on grounds of the marriage, then tried to pull procedural nonsense.. No sympathy.

Nobody is asking for your sympathy, just a recognition of the fact that Rudolf has faced unfair treatment from the United States due to his holocaust denial. The US courts declared that he didn't prove he faced persecution "on account of imputed political opinion", and then deported him to a German prison where he was persecuted for his Revisionist work. I don't care if you have sympathy, but don't play dumb and pretend that his role as a prominent Holocaust denier didn't influence his treatment by the US immigration system.

Yeah, I looked into that.

As to Scheerer's first argument, the administrative record is devoid of any evidence that the German government ascribed a political opinion to him and then punished him for that imputed belief. Rather, as the IJ held, the evidence only reflects that Scheerer was "held to account by a highly developed and sophisticated legal system, . . . received due process, was convicted, and sentenced to a term well below the statutorily established maximum." Substantial evidence thus supports the IJ's conclusion that the only inference to be drawn from the record is that "[Scheerer] has been subjected to legitimate prosecution" in Germany.

He wouldn’t have committed a crime in America. That doesn’t mean he was entitled to our legal aegis. Germany would have prosecuted him just as hard if he voted for die Linke. Therefore, it wasn’t political prosecution. I expected a better case for “protected social group,” but for whatever reason, he didn’t make that appeal.

Out of curiosity, do you have a link to the IJ’s actual order? I can only find parts of it as quoted by the appeals courts.

Wait, what? So, if Saudi Arabia passed a law against Christians and then prosecuted them (after full "due process" of course!), they wouldn't be eligible for asylum in the US?

The definition of asylum can't be limited to just due process. It has to account for the laws that said due process is upholding!

In the US, asylum requires persecution on one of five grounds:

  • race

  • religion

  • nationality

  • political opinion

  • a particular social group

So Christians would be covered. Were Scheerer prosecuted for being German, for voting far-right, or similar, he would be covered. Holocaust revision, however, is not recognized as the political category.

“Particular social group” is notoriously fraught. Intuitively, I would have thought it applied to deniers, but apparently the usual meaning%2C%20and%2C) is more about professions, family ties, or social class. Or as a catchall for Title IX groups which didn’t hit the other categories. Regardless, Scheerer’s lawyers didn’t try that tack.

Feels like splitting hairs. How is supporting a highly unpopular opinions not covered? Because it's outside the Overton window in this case?

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