US-based Ghanaian immigration lawyer Angela Moore has emphasised that the United States immigration system operates strictly under US law and is not influenced by public protests or demonstrations.
Speaking on JoyNews’ AM Show on Wednesday, January 28, Ms Moore was responding to questions following a recent demonstration by pressure group Arise Ghana at the US Embassy in Accra, where protesters demanded the extradition of former Finance Minister Ken Ofori-Atta from the United States.
According to the Founder and Managing Attorney of JJ Moore & Associates, PLLC, while protests may attract public attention and media coverage, they do not alter the legal processes governing immigration and extradition matters in the US.
“The US immigration system runs on US immigration laws. They don’t change it because of protests,” she stated.
She acknowledged that public pressure can sometimes prompt institutions to act more quickly, but said such pressure does not override established legal procedures.
“I know there are certain circumstances where pressure can be brought to bear on governments or institutions to act faster or try to steer them in one direction or another. But I will tell you this, he would go through the same process as everybody else, regardless.”
Ms Moore explained that deportation and extradition are separate legal processes and should not be confused.
“Barring the extradition request and focusing on deportation wouldn’t mean anything at all,” she said.
Touching on asylum and humanitarian protections, Ms Moore noted that individuals seeking such relief are not treated differently under US law, although the grounds for applying are specific and demanding.
“They don’t treat them differently. The grounds for applying for asylum are very peculiar and unique,” she explained.
Applicants must show evidence of past persecution or a well-founded fear of future persecution on protected grounds such as political opinion or religion.
“You must show that there is some past persecution or future persecution you can face on some protected grounds, such as political or religious reasons, or something unique that makes you more targeted than others,” she said.
“Let’s say if Ken Ofori-Atta was inclined to pursue immigration, maybe he could stay political,” she added.
Ms Moore cautioned that filing an asylum claim does not guarantee approval and is often difficult to win.
“Just because somebody can file an asylum claim doesn’t mean it will be approved. In fact, they are very difficult to win. But they must be accorded due process.”
She noted that pursuing asylum could delay proceedings, as US immigration law requires sufficient time to properly assess cases.
“My statements were to the point that it might delay his process because due process must proceed. Let’s say he didn’t have any other basis for staying in the United States. If we’re behaving as if we want him here more because of his political perspective and things like that, his lawyers might think, maybe let’s just throw in asylum as well.”
Ms Moore explained that such a move would not be frivolous, even though it does not guarantee success, and would keep Mr Ofori-Atta in the United States while the process unfolds.
“It’s not frivolous. It’s a good basis because if I were him, yeah, I would totally try to pursue that path. And when he does, now we must, immigration law must give him the time to fully develop the facts of his case and see if it’s a winnable case. And that doesn’t bring him here. It will keep him there.”
Read also: Arise Ghana continues protest at US Embassy, vowing to continue until Ofori-Atta returns
She further clarified that the right to pursue asylum does not depend on whether a person is detained, noting that bond remains a key factor.
“The right to pursue asylum does not depend on whether you’re detained or not. If a judge grants bond because he finds that the person is not a flight risk, the case can move from a detained docket to a non-detained docket, possibly before a new judge,” Ms Moore said.
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Source: www.myjoyonline.com