Drafting a Client’s Declaration

Purpose of the Declaration The purpose of an asylum declaration is to tell the client’s story in a legally significant manner Explain who the client is – turn your client from a respondent into a person Discuss the facts that meet the elements of asylum Provide a voice for your client

Structure of the Declaration Introduction paragraph – summarize claim and state the purpose of the declaration (in support of application for asylum, withholding of removal, and protection under the Convention Against Torture) Brief background on your client – where and when born; childhood; schooling; etc… Events leading up to the harm Discussion of the harm – give several examples Explain what happen when harm was reported or why client did not report harm Any other harm suffered Decision to leave the client’s country

Structure of the Declaration Travel through other countries and whether received status Entry into the U.S. – when and where Discussion of any conflicting statements to Immigration Officials Reason afraid to return to home country Lasting effects of Harm Any threats or harm that occurred since client entered the U.S. Reason want to stay in the United States Address One Year Filing Deadline and Exceptions (if relevant)

Using an Interpreter Look at the client even if using an interpreter Keep your sentences short to allow for easier and more accurate interpretation (and remind client to do the same) Interpreting is hard! Remember to offer breaks and water to the interpreter.

Preparation Prepare an outline of what you want to cover in the declaration prior to meeting with your client. This will allow your declaration session with your client to be productive and efficient. It will also help you identify the relevant facts needed and stay focused when drafting the declaration.

Working with the Client to Write the Declaration Empower the client! Explain to the client the purpose of the declaration Tell the client that this is the client’s opportunity to explain to the Judge why she deserves protection Acknowledge that the client will have to discuss difficult events in her life Try to draft the declaration while asking client questions so to limit the number of times the client has to retell the trauma she suffered Take breaks Ask follow up questions to bring out important information Help the client build an approximate timeline of events Writing a declaration will often be done over several appointments.

Working with the Client to Write the Declaration Writing a declaration will often be done over several appointments. Practice Tip: keep appointments under two hours as recalling trauma and details is exhausting for the client (and for you and the interpreter!) While you can have a client write her story and use this as a basis for your declaration, you should work with your client to draft the final declaration as you will be able to help shape the declaration in a legally significant manner and bring out important details from your client.

Relevant vs. Irrelevant Facts A person’s life is very complex, and often what may seem important to your client is not legally relevant to the claim Try to have your declaration focus on facts that are relevant to your client’s claim Practice Tip: Ask your client a question; Listen to your client’s response; Paraphrase your client’s response Why do you not want to include irrelevant facts? Irrelevant facts can distract from your client’s claim Irrelevant facts can lead to more details that could be difficult to recall during testimony and thus could cause credibility issues

Relevant vs. Irrelevant Facts Example: Q: Where were you when your uncle first abused you? A1: Well, when I was little, I lived with my grandmother and she had two cats and a goat. The cats lived outside with the goat in this shed. They would roam outside, but that is where they slept. There was also firewood in this shed. I would have to go outside to get firewood from this shed for my grandmother. I would exit the backdoor of the house, turn right, go left past the water pump, and then enter the shed through the door. My uncle was waiting there and he began touching me. A2: When I was little, I lived with my grandmother. One of my chores was to bring firewood in from the shed behind her house. It was in this shed where my uncle first abused me. Which answer is better? A2. Discuss why.

How Much Detail? You want to provide enough detail to make the story credible and to sufficiently describe the suffering the client endured You do not want to include so much detail that your client will have difficulty recalling all of it when she is nervous on the stand For dates, use general language – ex. In approximately March of 2013; in the fall or early winter of 2008

Tone and Language – Using the Client’s Voice Stay away from legal jargon The client’s testimony should reflect the tone and language of the declaration (so it should not be your interpretation of the events). The vocabulary used should reflect the client’s education level.

Reading Back the Declaration to the Client The client must sign the declaration, swearing that everything in the declaration is true. You must read back the final declaration to your client in her language. Make sure the client feels comfortable to correct any errors or add any important details.

Certificate of Interpretation I declare that the foregoing was read to me in my native language, Spanish, and it is true and correct to the best of my ability under the penalty of perjury. ________________ __________________________ **client’s name Date I certify that I, ____________________________, am fluent in the Spanish and English languages, and that I read the foregoing to **client’s name in her native language, Spanish. Executed this ____ of _________________, 2016, at San Francisco, California. ___________________________

Quiz! True of False… A declaration should include legal arguments. (False) You must read back the final declaration to your client. (True) A client should write her declaration on her own. (False) The declaration should include everything that ever happened in the client’s life. (False) The tone and language of the declaration should reflect the client’s education level. (True) A best practice is to write the declaration in one appointment. (False)