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Experts: Leak On Obama's Aunt Could Make Persecution More Likely
It looks like last week's leak of information about the immigration status of Barack Obama's aunt might be even more despicable than we'd thought.
The Associated Press reported Saturday morning that an application for asylum made by Obama's aunt, Zeituni Onyango, was rejected four years ago by an immigration judge. It sourced the information to a federal law enforcement official, and another source in a position to know.
We added later that day that the leak -- which is now being probed by government investigators -- appears to clearly violate government regulations, as laid out in a memo written by a US Customs and Immigration Services official.
But the memo also contains one important reason why there's such a strong prohibition against disclosing asylum applications. It reads:
These regulations safeguard information that, if disclosed publicly, could subject the claimant to retaliatory measures by government authorities or non-state actors in the event that the claimant is repatriated, or endanger the security of the claimant's family members who may still be residing in the country of origin. Moreover, public disclosure might, albeit in rare circumstances, give rise to a plausible protection claim where one would not otherwise exist by bringing an otherwise ineligible claimant to the attention of the government authority or non-state actor against which the claimant has made allegations of mistreatment.
In other words, the leak could well increase the chances that Onyango could be persecuted -- maybe even tortured -- for seeking asylum in the U.S. if she is ultimately deported to Kenya. Or that her family members could be similarly mistreated, whether or not she's deported. And thanks to that very danger, the leak could even bolster Onyango's asylum claim.
Immigration experts confirmed to TPMmuckraker that this reading was accurate.
Matthew Hoppock, an immigration lawyer in Kansas City who focuses on asylum cases, noted the regulations in an email to TPMmuckraker, and argued that the leak has "made it more likely that if Ms. Onyango is removed to her home country, she will face persecution for having sought asylum in the United States."
Dan Kowalski, an immigration law expert and the editor of the the online newsletter, Bender's Immigration Bulletin, agreed. In an email to TPMmuckraker, he added that the leak is sufficiently serious that, because of it, Onyango now "has a good shot at reopening her case."
We'll keep you posted on the progress of the investigation into the source of the leak.













the right has never cared who gets killed or hurt in order for them to make a political point. This leaker should be disclosed as a threat to national security. Who else might they decide to leak if it helps their cause.
November 3, 2008 12:43 PM | Reply | Permalink
Sadly, I think you're right, and further, this news isn't something that's likely to emotionally affect the average far right winger, as it does those of us on the left.
November 3, 2008 12:51 PM | Reply | Permalink
The right to life begins at conception
-- and ends at birth!
November 3, 2008 1:10 PM | Reply | Permalink
Beautifully stated.
November 3, 2008 1:28 PM | Reply | Permalink
Seconded.
November 3, 2008 1:39 PM | Reply | Permalink
sigh. Thirded.
November 3, 2008 1:49 PM | Reply | Permalink
If that's the case, then maybe she'll qualify for asylum.
November 3, 2008 1:47 PM | Reply | Permalink
This sounds eerily familiar. Oh that's right, the Valerie Plame affair!
November 3, 2008 1:48 PM | Reply | Permalink
Here's hoping that prosecution is likely, too.
November 3, 2008 1:50 PM | Reply | Permalink
So she will properly be given asylum, because the leak now puts her in real danger.
Then the righties will blame it on favoritism on the part of the (knock on wood) Obama administration.
Just watch. These people are shameless.
November 3, 2008 1:53 PM | Reply | Permalink
Thank you, TPM, keep hammering on this, great job!!!!
November 3, 2008 2:01 PM | Reply | Permalink
By kenji
"The right to life begins at conception
-- and ends at birth!"
Only if you are the right color. The right doesn't give a damn about black life or brown life. They only care about white life.
November 3, 2008 4:02 PM | Reply | Permalink
By kenji
"The right to life begins at conception
-- and ends at birth!"
Only if you are the right color. The right doesn't give a damn about black life or brown life. They only care about white life.
November 3, 2008 4:06 PM | Reply | Permalink
I feel sick when I imagine them planning to ruin her life.
Thank you, Zachary and Josh.
November 3, 2008 4:21 PM | Reply | Permalink
Does TPM employ any black people?
November 3, 2008 4:24 PM | Reply | Permalink
Here's another view. Obama's aunt is an illegal alien. That's right. She came to this country unlawfully. She then applied to be granted Asylum before a U.S. Immigration Judge. The judge ruled against her. Once that happens, she has 30 days to leave voluntarily or be deported. It's been 4 years and she's still here. To top it off, she's leaving in state subsidized housing. State housing is a scarce resource. We have many U.S. Citizens languishing for years on waiting lists to obtain housing. Why is she not deported and why is she, an illegal, deportable alien living in an apartment when it should house a needy american citizen? These are the questions you should be asking instead of asking how you got the information. ???????
November 6, 2008 3:07 PM | Reply | Permalink
Obamma had many chances to help his auntie and his brother, and chose not to!
Amazingly...you idiot libs think he is going to give a flying "f" about you from the Oval Office.
The Obamma News Channel tells us Obamma will govern from the center...more like self-centered.
You had a chance to see the real Obamma during the campaign and you put on the blinders...I can't wait to see your faces when the Obammantra changes to a language far different than what you heard on the campaign trail.
November 10, 2008 9:44 AM | Reply | Permalink
I've just heard far to much of this bullshit. Barack is an American citizen. His mother was an American citizen. His aunt is not front cover news.
Where do you witless fruits get this crap from? Go waste somebody elses' time
November 16, 2008 12:29 AM | Reply | Permalink