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New case Andrei Blan MEMORANDUM

New case Andrei Blan.I just met with Andrei and Tonya Blan. Andrei is a potential new client, and Tonya is his mother. The Blans are from Romania. Andrei asked us to evaluate his case to see whether he might be eligible for asylum in the United States. I have attached a transcript of my interview with Andrei and Tonya. I met first with both of them and then spoke separately with Andrei. Also, I did a little preliminary research and have attached the relevant statutes and two cases, together with an excerpt from the U.S. State Departments 2014 Romania Country Report on Human Rights Practices.This is an unusual case, and Ill need your help in analyzing it and determining whether we think Andrei has a case. Id appreciate your first reading over the interview and the attached materials and identifying any legal issues you see. To do this, I expect that youll first have to set out the statutory elements of a claim for asylum. Once youve done that, lets meet to decide exactly what issues should be covered in your office memo. Also let me know if you think we need any additional facts.Good morning, Mrs. Blan. What can we do for you?A My son and I are in the United States on tourist visas, and I would know whether my son is eligible to apply for asylum here.Q I see. Let me ask you a few questions, and then I will give you my opinion on it.A Okay.Q Are you also interested in applying for asylum yourself?A No. I must return to Romania, but Andreis life is very difficult there, and I would like him to stay here with family members who live here.Q I see. Where are you from?A Romania. We lived in Bucharest.Q And why did you come to the United States?A Andrei was born with have cerebral palsy, and I originally came to get medical treatment for him and to see whether he could attend school here.Q Could you tell me a little about your life in Romania?A Yes. Andrei was born with cerebral palsy, and the hospital nurses told us that we should refuse him. I could not do that, and insisted on seeing and holding him. Both Maksim, Andreis father, and I loved Andrei and could not stand to refuse him.Q What did the hospital nurses mean by refuse Andrei?A That we should let him die. And the hospital staff also told us that we must put Andrei in an institution for children with birth defects. We had to petition to keep them from putting Andrei in the institution and take him home with us.Q Did Andrei receive medical treatment in Romania?A He received basic medical care. But there was no special care for his illness. And once he was diagnosed as having infantile cerebral palsy, the government permanently labeled him as disabled.Q Were you ever able to get the treatment Andrei needed?A Yes, but we had to bring him outside of Romania to get the treatment. I did research on the internet and found the Osteopathic Center for Children in La Jolla. They gave Andrei treatment without charging him, and we went to the Center three times. As a result of the treatment he received there, Andrei was able to learn to walk. But we had one problem when we returned to Romania, because Dr. Capulet, Andreis American doctor, said that we should not allow him to be vaccinated because his health was too fragile. So when we returned to Romania, we told the doctor there that we did not want him to be vaccinated. Because he was not vaccinated, it was difficult to obtain any medical care in the state medical facilities.Ws Andrei able to attend school in Romania?A No. Because he was diagnosed with cerebral palsy, the schools would not admit him, even though he had a physical disability and not a mental one. The schools required a certificate of good health, which we could not get for Andrei. His Romanian doctor recommended that, if we insisted on refusing to institutionalize him, we should isolate him at home and not take him into public places.Q Did you follow this advice?A Usually. But sometimes we took him out and it resulted in problems. Sometimes I would hear other parents say things to their children like Get away from that boy, cant you see that hes abnormal. Or, Dont get near him, hes sick. And sometimes children would even throw things at him. Twice he had to go to the hospital. Once was when he

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