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USA: White S.African family get asylum because they are White

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Original Post Date: 2005-05-14  Posted By: Jan

From the News Archives of: WWW.AfricanCrisis.Org
Date & Time Posted: 5/14/2005 2:41:13 PM
USA: White S.African family get asylum because they are White
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USA: White S.African family get asylum because they are White

From the News Archives of: WWW.AfricanCrisis.Org


Date & Time Posted: 5/14/2005 2:41:13 PM

USA: White S.African family get asylum because they are White

[I received this email from Jani Allan who in turn received it from Adriana Stuijt in Holland who is trying to enlighten Europeans about the murder of Afrikaners in South Africa. According to Adriana this family from South Africa were apparently granted asylum in the USA “because they were White”. Her take on this is that this could be a landmark ruling… maybe the American Judiciary will be more sympathetic to Whites wanting to flee from Africa. I did try to download the case record as specified in the URL below, but it did not work for me. If anyone can find the actual case details, please drop me a line on the Contact Us page of my website (Under Forums). Jan]

Dear Jani – please note the importance of the wording in this following successful asylum case. (the Thomas family from KwaZulu-Natal)

If anybody qualifies for political asylum, Jani – it would be you. Your political opinion was clearly known, your flat was bombed, you were attacked on the street and you are even now, constantly being reviled in the South African newsmedia – witness the latest grossly inaccurate report from Herman Jansen. It’s all evidence – print it out and put it in your asylum-seeker case file! All this taken together means that you would NEVER be safe if you were forced to return to South Africa -because of your continuing and strongly=held political beliefs and because of your spirited defence for the Afrikaner people, who are facing the very real threat of genocide, something our Foundation can prove. It’s also very important now that you remain on the radio stations in the USA right now and keep talking because your political opinions clearly count!
Love – Adriana

————————————————————————–Sent: Tuesday, May 10, 2005 10:51 PM
Subject: SA family granted asylum because they were ‘whites’

The INS vs Thomas case (California March 2004: ‘white’ SA family granted political asylum because of proven persecution by black workers because they were ‘members of a social group” (whites):

READ THE ORIGINAL COURT RECORDS HERE:
http://caselaw.lp.findlaw.com/data2/circs/9th/0271656p.pdf

a.. Attorney for the Thomas couple:
Errol Ivor Horwitz
California Bar Number 86098
Current Status Active – explanation of “Active” status
CA Admission Date May 31, 1979
District District 7, County Los Angeles
b.. Contact Info
Address 5550 Topanga Cyn Blvd
Woodland Hills, CA 91367
Phone Number (818)347-5268
Education background:
University of Witwatersrand, Johannesburg, South Africa

– March 22 2004 David and Michelle Thomas, formerly of Umbilo, KwaZuluNatal,proved in their application to the US government that the South African government had failed to protect them from attacks by black workers employed by David’s “racist” father.

a.. READ CASE ON FOLLOWING WEBSITE:
b.. http://caselaw.lp.findlaw.com/data2/circs/9th…br>c.. In their submission to the court, the couple described how they were harassed, threatened with death and threatened with kidnapping all because dad Ronnie Thomas, 66, was a racist and had ill-treated workers in his capacity as foreman of a company called Strongshore Construction.
d.. This had led to the black workers threatening David’s family in a very aggressive manner — poisoning their dog, slashing their tyres, smearing human faeces on their door, issuing death threats and threatening to kidnap their daughter.
e.. Proof was submitted that these constant harassments and threats had been repeatedly reported to police, but that police had failed to protect them — and nothing had been done about it.
The Thomas family were initially denied political asylum but had won their case on appeal after the Ninth Circuit Court in California ruled they belonged to a persecuted “social group” and were legitimately fleeing persecution.

United States law permits foreigners to apply for asylum if they fear returning because of “persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion”.

Errol Horwitz, a former South African who now practises as a lawyer in the US and lives in Woodland Hills, California Telephone USA (818)347-5268 had successfully argued the couple’s case.

Here’s how Mrs Thomas described the attempt to kidnap her daughter in the affidavit:

“I was sitting on the veranda the one evening with my children playing in the front yard and a Black man had come up to me and asked me if I knew Boss Ronnie (referring to father-in-law Ronnie Thomas) and he said to me he”s come back and cut my throat. At that stage I’d taken the kids inside. The kids were very upset… at this stage I was really, really fearing for my life.”
a.. Apparently the individual who approached Michelle Thomas was wearing overalls bearing a Strongshore logo.
b.. Next, in March of 1997, Michelle was outside of her gate, on the way to the store, when four black men approached her and tried to take her daughter from her arms.
c.. “They surrounded me and the next thing I knew is that they were trying to get tyneal out of my arms. I held her tight and fell to the ground with her…”
The men apparently ran off after Michelle’s neighbor had come out of his house in response to Michelle’s screaming.

a.. Michelle testified that one of the men wore Strongshore overalls. She testified that, after this incident she was scared that “they were going to come back and either kill one of us or take one of my children.”
b.. It was at that point that Michelle decided that she needed to leave.”
The petition also submitted evidence of the widespread crime problem in South Africa.

On August 30, 1999, the IJ (immigration judge) had denied the petitioners’ request for asylum and withholding of removal.
a.. The IJ determined that the respondent was fearful for her life and the lives of her family “because she believes as a White citizen of South Africa that she is subject to persecution by Black Citizens of South Africa… the respondent’s position is that she and her family are being attacked because of their race.”
Mr Horwitz cited from previous findings that the Attorney General ‘may grant asylum to an alien who qualifies as a refugee, that is, one who is unable or unwilling to return to her home country because of “persecution or a well-founded fear of persecution on acocunt of race, religion, nationality, membership in a particular social group, or political opinion.”
a.. Attorney for the Thomas couple:
Errol Ivor Horwitz
California Bar Number 86098
Current Status Active – explanation of “Active” status
CA Admission Date May 31, 1979
District District 7, County Los Angeles
b.. Contact Info
Address 5550 Topanga Cyn Blvd
Woodland Hills, CA 91367
Phone Number (818)347-5268
Education background:
University of Witwatersrand, Johannesburg, South Africa

READ THE ORIGINAL COURT RECORDS HERE:
http://caselaw.lp.findlaw.com/data2/circs/9th/0271656p.pdf


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