Amos Yee to remain in detention pending appeal

Supporters of Amos Yee who expected the teenage blogger to be released from detention in the weekend were stunned to find that the Immigration and Customs Enforcement (ICE) is still detaining him at a detention facility in Chicago, United States of American (USA).

Many supporters were expecting Amos to be released latest on Monday (27th March) following the ruling by Immigration Judge Samuel Cole, but ICE has reportedly decided to keep the 18-year-old in detention pending an appeal by Department of Homeland Security (DHS).

Amos, who has been detained in a detention facility in Chicago since 16th December 2017 is unlikely to be released anytime soon, possibly till the upcoming appeal by DHS has been dealt with.

Should his asylum is overturned, he will most likely be deported back to Singapore to ‘face the music’.

Amos a hostage to the climate of fear generated by Donald Trump’s abusive policies

It is interesting to note that Amos has been detained in USA for a period longer than the sum of all his incarcerations in Singapore combined.

The teenage blogger could have been released after his initial assessment by an asylum official, but he was not. Amos could have also been released pending his upcoming appeal, but he was not.

This was probably, in the words of Mr Phil Robertson, Deputy Asia Director of Human Rights Watch, the result of the “climate of fear created by President Donald Trump’s abusive policies”.

Sadly, it appears Amos has become a hostage to the climate of fear generated by Donald Trump’s abusive policies towards refugees and migrants, and the knee-jerk tightening of practices at U.S. Immigration and Customs Enforcement in response to the new President’s executive orders.

Apparently the ICE do still ‘take phone calls’ from those at the top and may not be that independent as perceived to be.

Commenting on Amos’s continued detention, Mr Phil Robertson reportedly added:

U.S. immigration’s continued detention of Amos Yee is both cruel and unnecessary, and appears to be completely arbitrary because US government lawyers did not raise any national security or other such overriding concerns that would justify holding Amos after he received political asylum.

Meanwhile, TRE has written to Amos’s pro-bono lawyer Ms Grossman for more information but have yet to receive a reply.

.

Update 30th March @ 1200 hours: Although Amos continues to be detained, it appears that no appeal has been lodged with the Executive Office for Immigration Review (EOIR) aka United States Immigration Courts.

 

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20 Responses to “Amos Yee to remain in detention pending appeal”

  • Sharon Ann Gabriel:

    Champagne bottles have been popping since the news broke that Amos Yee was granted asylum. The ICE’s decision to join in the fray looks as if it has thrown a spanner in the works but is likely to be a mere formality. It will be a case of all’s well that ends well. 18-year old Amos Yee was persecuted. No doubt whatsoever. Judge Samuel Cole’s findings will be vindicated and the PAP government will have to live with the humiliation.

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  • will PAP be terrified?:

    PAP will now be terrified: The PAP will now be terrified if the appeal judge were to agree with the DHS’ assertion and Amos Yee is sent back to SG.

    For Amos will now be able to say all the things (criticisms) he wants about the PAP and the PAP will be afraid to persecute him or imprison him again for the whole world (especially the US) will now be monitoring their actions under microscopic lens.

    That would also lead them (the whole world) to follow the persecution of other dissidents and critics by the PAP regime closely.

    PAP will now be terrified: For Amos will now be able to say all the things (criticisms) he wants about the PAP and the judiciary or how the PAP controls the judiciary …

    Will PAP be terrified?

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  • Lee Hsia Lan:

    If I were Amos, I’d rather die in US than to come back to face the MONSTERS! They’ll surely skin him alive.

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  • oxygen:

    THE APPEAL IS A SURPRISE TO ME – it is not known to happen in Down Under if a case decision is granted in favor of the Applicant for refugee.

    Courts or Refugee Tribunals Down Under – if they grant the successful application of a refugee would do either one of the two things

    - direct the primary decision maker (Minister of Immigration in refusing the refugee application in the first instance) withdraws it prior decision and SUBSTITUTE IT WITH THE ORDER AND DIRECTION of the Tribunal (to grant the successful applicant) that the Applicant be granted permanent residency visa.

    or

    - directs the Department of Immigration to re-open the file of the applicant for reconsideration and be granted as a refugee

    THE END RESULT IS THE SAME – the respondent (Minister of Immigration) shall concede it prior judgement “error” and the applicant can remain indefinitely in Australia.

    Here is one case law example of a successful application.

    N93/00619 [1997] RRTA 2494 (1 July 1997)

    http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/RRTA/1997/2494.html?stem=0&synonyms=0&query=refugee%20%20%20well%20founded%20fear%20%20%20zHANG

    Decision – The Tribunal sets aside the decision of the primary decision-maker and substitutes the following decisions:

    (a) the Applicant is a refugee under the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 as amended by the Protocol relating to the Status of Refugees done at New York on 31 January 1967[.]

    (b) The Tribunal remits the deemed application for a Domestic Protection (Temporary) Entry Permit to the Department for re-consideration with a direction that the Applicant is a refugee.

    WHEN THE JUDGE MADE A DECISION WITH SUCH A DIRECTION TO THE MINISTER FOR IMMIGRATION OR THE DEPT OF IMMIGRATION, it is very unusually for the Minister or his Department to file an appeal unless it is confident of proving the Tribunal’s decision is either

    - an error of facts

    - an error of law and its interpretation.

    This case is very intense of its cross-examination – unlikely to uncover any error of facts tested in the courtroom of credibility and factual integrity. Error of law? Unlikely again, the judge can’t be too far off unless it is his/her first judicial decision determination of migration law which Australia is a signatory.

    It should be interesting to find out what grounds the US Homeland Security is pleading in filing for an appeal in Amos Yee’s case.

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  • Akan datang!! Show of century:

    If Amos were to be forced to return, he will know that everything he says or does together with the response of the PAP to his words and deeds will now be closely watched by the International community. And will surely push the PAP to the limits.

    The PAP has shown themselves to be unimpressive, to have been no match for the brilliance and courage of Amos. Most of these scholars have shown themselves to be cowards when put to the test. (Like the police commanders in the Little India riot, or the prosecutor of Amos Yee who went into hiding and removed his personal information on the official government website when criticized and challenged by an American Youtuber. I will put the link when I find it later).

    Amos has shown he has been able to outwit them over and over again, provoking the PAP into making false steps and doing stupid things that kept boomeranging back at them. Judge S.Cole judgment statement together with unparallel International publicity that highlighted the despotic rule of the PAP is just one of these.

    So sit back and watch the next show of the century. (Could be) coming soon. Akan datang!!!

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  • Rooster 0.1:

    Amos Yee is one tough nut to crack and the PAP government worries that fortune may smile on this brave lad.

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  • nizhemoshou:

    How did DHS earlier came to conclude that AY was legitimately punished by SG as to refuse his bid for asylum?. Is there an unseen hand at work to influence DHS conclusion? If so, afraid it is the same unseen hand at work to prevent AY release as they buay song with what the Immigration judge said in his judgement .

    Bear in mind US agencies have pple who are cronies of DT opponents. So AY continued detention might not have anything to do with DT immi policies. It is only DT opponents who are saying he is against all migrants and refugees when he meant only those from a certain religion from certain countries and certain countries notorious for illicit drugs trade.

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  • Akan datang!! Show of century:

    Akan datang!! Show of century:
    (Like the police commanders in the Little India riot, or the prosecutor of Amos Yee who went into hiding and removed his personal information on the official government website when criticized and challenged by an American Youtuber. I will put the link when I find it later).

    The person mentioned was DPP Kelvin Kow Wei Jie. You can watch it on minute 6:40 to 7:20 and 9:20 to 10:30 on the following video:

    https://www.youtube.com/watch?v=qKZhtdZ5gp0

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  • Amos "untouchable":

    If Amos is deported back to Singapore he will be “untouchable”. Why? Because to persecute /prosecute him would only validate the findings and decision of the US judge that granted him asylum that Singapore Government is persecuting him. PAP would be “better off” if Amos remains in the US and hopefully overtime Singaporeans will forget him.

    Still amazed (and laughing) at what Amos has accomplished. A teenager has “destroyed” / humiliated PAP. The US Judge decision was based on the finding that the Singapore is not a real democracy and that its legal (and political) systems are “rigged” in favour of PAP. This effectively “destroys” PAP credibility and legitimacy. Must by why PAP is so “quiet”. It must still be in shock and does not know how to respond. Stooges like Law Society and ACLS doing “damage limitation” by arguing “form” instead of “substance”. They should know that if the system is “rigged” all their counter-arguments are irrelevant.

    L*L went all-out to defend his father’s reputation and wound up “flushing (PAP) down the toilet. This is karma in spades. I am convinced the barn owl and the collapse of the hundreds year old tree in Botanic Gardens were “omens”. The end is near for PAP. With its credibility and legitimacy destroyed it has no future. Singaporeans can bury PAP with LKY. PAP headstone should read “taken down in court by a juvenile delinquent”. I am still laughing.

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  • if Amos uploads it:

    Bapak:
    USA should reopen this case – http://www.dailymail.co.uk/news/article-2280635/Shane-Todd-Death-American-engineer-Singapore-working-Gallium-Nitrate-project.html!

    This will get more publicity and maybe the attention of some US investigating journalists if Amos uploads it in his blog or Youtube channel.

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  • Please finish the job:

    Now, the US government is Obviously the bad guy.

    So, will the relevant rights group/individuals Please sue the
    US government?

    Please finish the job started by You all.

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  • NotMyProblem:

    Come to think of it. It could be a blessing in disguise. If Amos was released in US, what’s he going to do? He needs to look for board and lodging. Now he is taken care of by US’s ICE.

    In the meantime, Amos can prepare for himself for life in the USA, since he is already granted asylum.

    Even if Amos is deported back to SG, Amos is still the winner. PAP will be careful in treating Amos, otherwise PAP would prove the Immigration Judge was right in his judgement and the world is watching.

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  • Cpf no enough:

    I felt it was too good to be true…the trial n verdict granting AY asylum folded too quickly n smoothly..
    When something seems too good to be true, it usually is!.
    Now we can only speculate who or what is behind the stalling.

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  • Sperm:

    No reply is no good sign.
    And it rhymes.

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  • JasonHak:

    i think Amos will be sent back.

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  • oxygen:

    @ Jason Hak

    YOU ARE DEAD WRONG – please read this opening statement by a judge in the US Supreme Court landmark decision – re INS vs Cardoza-Fonseca

    JasonHak:
    i think Amos will be sent back.

    Here is exactly what STEVENS,J. said in that judgment decision

    Stevens, J:Section 243(h) of the Immigration and Nationality Act (Act) requires that the Attorney General withhold deportation of an alien who demonstrates that his “life or freedom would be threatened” thereby on account of specified factors.

    https://supreme.justia.com/cases/federal/us/480/421/case.html

    The word “requires” above said it is MANDATORY in law – against deportation.

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  • Hen on working visit:

    JasonHak:
    i think Amos will be sent back.

    Yes, politics is very predictable and naked once you understand how dark it is.

    The HEN went to usa on working visit a few days ago.

    Trying to prove that authoritarianism extends beyond the borders?

    Many evil want him sent back for further handling.

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  • Dosh:

    Sharon Ann Gabriel:
    Champagne bottles have been popping since the news broke that Amos Yee was granted asylum. The ICE’s decision to join in the fray looks as if it has thrown a spanner in the works but is likely to be a mere formality. It will be a case of all’s well that ends well. 18-year old Amos Yee was persecuted. No doubt whatsoever. Judge Samuel Cole’s findings will be vindicated and the PAP government will have to live with the humiliation.

    Response:

    Hi, Sharon.

    It has been a while since I had a yarn with you at this forum. As a concerned fellow citizen over the violation of the rights of a minor (Amos was 16 years old) when he made the infamous video speech, ‘Lee Kuan Yew Is Finally Dead’. Most importantly, the issue of Free Speech and the government’s undermining/restricting it.

    Freedom of speech and Assembly are our INALIENABLE rights. Full stop. Unless there are just or reasonable grounds we, the citizens, shall have FULL rights to speak and assemble. The latter is more complex. However, the proper paperwork for Police approval to ensure Safety and Non-hindrance of the PUBLIC should be obtained prior to a mass protest. This is NORMAL in any democratic nation. Why is Singapore so special???

    I share your OPTIMISM. American Judge Samuel B. Cole had made an excellent decision to grant Amos Yee asylum. The Department of Homeland Security’s appeal against the grant of asylum to Amos Yee should therefore be rejected.

    This is an interesting situation. Hopefully, a second round of champagne popping to celebrate the confirmation of the grant of asylum to Amos Yee becomes a Reality.

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  • amos now quite jialat:

    did KJ’s role and testimony at the hearing backfired and amos’ asylum status is now in jeopardy? ex sinkies gopalan nair had said something to the tune that KJ was not a suitable witness at amos’ asylum hearing.

    KJ’s attack on PAP as part of his testimony left the PAP no option but to come out officially on all angles to refute the us judge’s decision and justify the way amos was charged in SG for hate speech and was not politically motivated?

    the us government is appealing the judge’s decision to grant amos asylum. now damn jialat for amos.

    the ex sinkies now usa citizen gopalan nair will now come out to say he was right all along that KJ was not a suitable witness at amos asylum hearing?

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