WANGLAW
Attorneys & Counselors-at-Law
Charleston C. K. Wang, Esq.
Of Counsel:  Mary Joan Reutter, Esq.
Immigration and Nationality Lawyers in Cincinnati, Ohio USA
Charleston Wang Immigration Lawyer Cincinnati Ohio  Charleston Wang Immigration Attorney Cincinnati Ohio
The Wanglaw Building
6924 Plainfield Road
Cincinnati, Ohio 45236
United States of America



Phones: 513/793-7776  and 513/891-2888
Fax: 513/793-7779

email: charlestonwang@wanglaw.net

Copyright 2007-2012 All Rights Reserved to Charleston C. K. Wang, Publisher
WANGLAW is a registered tradename

Caveat /Disclaimer:  U.S. immigration statutes,  regulations and interpretations of these and other federal, state and local law are subject to change and timely, competent counsel from a qualified legal professional on current and applicable law to particular facts is
indispensable.  This website provides information of a general nature and such information cannot pertain to any specific set of facts.  For any particular situation, the visitor should obtain counsel from a qualified legal professional.  The publisher reserves the right to amend
the contents of this website at any time and for any reason

U. S. IMMIGRATION COURT GRANTS ASYLUM TO
FORMER CAPTAIN OF  MONGOLIAN NATIONAL
WOMEN'S BASKETBALL TEAM 06/05/2008

On June 5, 2008, the United States Immigration
Court granted asylum protection under §208(a) of
the Immigration & Naturalization Act to Ms.
Bymbaa Ragchaa and her family because of
persecution by reason of political opinion.  Ms.
Ragchaa began playing to play volleyball at age
10 and became seriously involved in basketball
by age 15.   She represented her country Mongolia
in international matches, and in 1991 at age 21,
she became the captain of the Women's National
Team.  As team captain and then later as a
secretary of the Mongolian National Basketball
Committee, she encountered a reluctance on the
part of the government of Mongolia to fund
women's basketball, preferring to give the limited
money for the men.  She actively spoke up for
equality between men and women in the sport of
basketball.  For her advocacy, the government of
Mongolia in 2000 under the Communist Party
[officially known as the Mongolian People's
Revolutionary Party] fired her from her job and
barred her from teaching basketball.  She also
suffered sexual harassment and economic
deprivation from the loss of the only vocation she
was trained all her professional life to be good at.  
The women's basketball team effectively
collapsed after she was fired and in 2002 the
women's league for basketball was discontinued.
She fled Mongolia and came to the United States
in 2002 and eventually filed for asylum protection.

An individual hearing was conducted on the
merits by the Immigration Court in Cincinnati,
Ohio on December 8, 2005 and after being
continued was completed on April 21, 2008.   On
the basis of testimony and supporting
documentary evidence the Immigration Court
found that the respondent under deportation, Ms.
Ragchaa

"... has established that her political opinion was
at least a central reason for the government's
actions against her.  The respondent was often
told by government officials not to complain about
gender inequality in Mongolian basketball.  Her
pursuit for equal treatment of women in the sport
was supported by Democratic party members,  
She, along with her boss and several co-workers,
all of whom were affiliated with the Democratic
party, were fired from their positions in the
basketball association when the Communist
party gained governmental power."

The Immigration Court also found that the ban
against her from the sport "completely prevented
the respondent from gaining employment in her
field."  Ms. Byambaa Ragchaa and her family were
represented by Charleston C. K. Wang, Esq.
before the Immigration Court.

Click here for a complete copy of the Decision
and Order of the Immigration Judge.

AGGRAVATED VEHICULAR HOMICIDE IS NOT
CRIME OF VIOLENCE AND IS NOT
DEPORTABLE OFFENSE (2005).

On December 27, 2005, the United States
Board of Immigration Appeals (BIA) upheld
the decision of the Immigration Judge in the
case of IN RE: KOEUN YOU,  A27-819-377.
The BIA agreed with the position taken on
behalf of Mr. Kouen You that convictions for
aggravated vehicular homicide and vehicular
assault under Ohio state law which requires
a mens rea (mental state) of recklessness
do not constitute crimes of violence as
defined under 18 U.S. C. Section 16. The BIA
dismissed the government's appeal which
was based on the argument that aggravated
vehicular homicide was a crime of violence.
Accordingly, any permanent resident
convicted under a recklessness standard
(such as DUI violations) is not subject to
removal or deportation from the United States.

Previously on August 22, 2005, in the Matter
of Koeun You, File No. A 027-819-377, an
U.S. Immigration Judge of the Executive
Office for Immigration Review, United States
Department of Justice ruled that conviction for
aggravated vehicular homicide by reason of
driving while intoxicated and while attempting
to use a cell phone, under Ohio Revised
Code §2903.06(A) and §2903.08(a)(2) are
not deportable offenses and are not crimes
of violence under U.S. Immigration law. Mr.
Koeun You is a permanent resident of the
United States who resides in Hamilton
County, Ohio.

Mr. Kouen You was represented by
Charleston C. K. Wang, Esq. before the
Board of Immigration Appeals and the
Immigration Court.


To read the complete Decision by the United
States Immigration Judge,
click here.


To read the complete Decision of the United
States Board of Immigration Appeals,      
click here.

A NOTE ON BIA DECISIONS: A precedent
decision of the Board of Immigration Appeals
applies to all immigration proceedings in the
United States involving the same issue
unless it is modified or overruled by the
Attorney General, the Board, Congress, or a
Federal Court. See,
In re E-L-H et al.

A CASE CONCERNING THE EMPLOYMENT OF
A CHINESE CHEF 01/20/2006

An Ohio corporation, Kwan Ping, Inc. dba King
Wok Chinese Restaurant petitioned to employ
a specialty Chinese Chef permanently in the
United States.  The ETA 750 was duly
approved by the U. S. Department of Labor.
The Director of the Immigration and
Naturalization Service refused to approve the
green card citing that the Petitioner had not
established that it had the continuing ability to
pay the employee beneficiary the proffered
wage.  

Charleston C. K. Wang, Esq. appealed to the
Administrative Appeals Office in Washington,
D.C. and filed a legal argument and
supplemented with additional evidence.  
Counsel argued that the INS Director had
erred and requested the reversal of the
denial.  On consideration of the evidence and
legal brief, the Administrative Appeals Office
agreed with the Petitioner and reversed the
INS Director, holding that:

“After a review of the federal tax returns, it is
concluded that the petitioner has established
that it had the ability to pay the proffered
wages as of the priority date of the petition and
continuing until the beneficiary obtains lawful
permanent residence.  The burden of proof in
these proceedings rests solely with the
petitioner.  Section 291 of the Act, 8 U.S.C.
§1361.  The petitioner has met that burden.  
ORDER:  The appeal is sustained.  The
petition is granted.”

Click here for a complete copy of the Decision
of Robert O. Wiemann, Director of the
Administrative Appeals Office of the U S
Citizenship and Immigration Services, U S
Department of Homeland Security.

                      -=0=-


Click here to read an OSHA case decision by
the U. S. Occupational Safety & Health Review
Commission, wherein the OSHA proposed
penalty of $135,000.00 was reduced at the
conclusion of trial to $11,200 and finally
settled for a fraction of that amount.

A NOTEWORTHY DECISION ON  COERCIVE
POPULATION CONTROL - FORCED ABORTION AND
STERLIZATION FROM THE U. S.  SIXTH CIRCUIT.

In the case of Huang v. Ashcroft, No. 03-3435 (6th
Cir. 11/04/2004), the United States Sixth Circuit
Court of Appeals reversed the Board of Immigration
Appeals and the Immigration Court in the coercive
family planning/forced abortion claim of Huang
Guang Hua. Huang had sought asylum under the
special provision of immigration law that protects
victims of forced abortions or sterilizations in China.
Under this provision, the BIA has determined that
the spouse of someone who has been forced to
undergo an abortion or sterilization qualifies as
having suffered past persecution on account of
political opinion. During the individual hearing
before an Immigration Judge, Huang testified that
his wife had suffered from both a forced abortion
and sterilization. He claimed Chinese officials
forced his wife to undergo an abortion in 1989. He
also claimed that after his second child was born in
1993, she was forcibly sterilized. Under §1101(a)
(42), either of these events would be grounds for
establishing past persecution.

The Immigration Judge (IJ) denied Huang asylum
protection citing inconsistencies in Huang’s
testimony. The Board of Immigration Appeals (BIA)
upheld the denial. Huang appealed to the United
States Sixth Circuit Court of Appeals.

On 11/04/2004, the United States Court of Appeals
for the Sixth Circuit  held that:

"[T]inconsistencies noted by the Immigration Judge
may cast doubt as to Huang's relationship to the
child, but not as to whether the sterilization occurred.
As to the abortion, these inconsistencies in no way
suggest that it did not occur. To the contrary, Huang
gave detailed testimony about the events leading to
and following his wife's abortion, none of which is
internally inconsistent or inconsistent with other
aspects of his depiction of events."

The Sixth Circuit concluded:

“We therefore cannot say that the inconsistencies
relied on by the IJ go to the heart of Huang's claim.
Because we believe that any reasonable adjudicator
would be compelled to conclude that Huang was
credible in describing his wife's forced sterilization
and abortion, we now REVERSE the IJ and BIA's
adverse credibility determination. We accordingly
remand this case to the BIA for further
consideration.”

To read the full opinion of the U. S. Sixth Circuit,
please
click here.

During the individual hearing, Huang Guang Hua
was represented by Charleston C. K. Wang, Esq.
and Mary Joan Reutter, Esq. The favorable decision
of the United States Sixth Circuit Court of Appeals
was based on the strong evidentiary record
established by trial counsel before the Immigration
Judge in 2000.

        NEWS                               NEWS                              NEWS                                NEWS
                                                                             CHARLESTON & SHIRLEY WANG SCHOLARSHIP 2012-2013















The Charleston & Shirley Wang Scholarship was established to recognize the importance and achievements of the foreign-born students at Sycamore High School, City of Montgomery, Ohio. The
scholarship is intended to encourage Sycamore’s foreign-born students whose first language is other than English, to continue their education and excel academically at institutions of higher
learning. The scholarship also recognizes the importance of the mastery of the English language as a foundation to success in life in USA.

In order to be considered for this Scholarship, the applicant must:

Be a graduating senior of Sycamore High School.

Have received at least ONE full year of ESL (English as a Second Language) instruction while at either Sycamore Junior High School and/or Sycamore High School.

Have a minimum cumulative GPA of 3.0.

If awarded the scholarship, apply the award to tuition, room and board, and/or books at a 2 or 4 year college immediately following their senior year.

This Scholarship will be offered and all interested persons are encouraged to contact Sycamore High School, 7400 Cornell Road, Cincinnati OH 45242, (Phone: 513-489-0405) for further details
and application form.


WANGLAW®™
NEWSLETTER
                                                                NON-RESIDENT ALIEN ON APPEAL WINS RIGHT TO SEEK SPOUSAL SUPPORT IN OHIO COURTS (2003).

In the case of Yawei Zhao v. Qin Qian Zeng (Appeal No. C-020131 First Appellate District, Hamilton County, Ohio 2003), the Court of Appeals affirmed the right of a non-resident alien to seek
spousal support via a Complaint for legal separation in the Domestic Relations Division of the Court of Common Pleas of Hamilton County, Ohio.  

In this case, the husband, Yawei Zhao, held a F-2 temporary student visa because of his marriage to Qin Qian Zeng, a F-1 student.  When his wife completed her graduate degree, obtained a
job in Syracuse, New York and a new H1-B temporary work visa, she decided to file for divorce in Hamilton County, Ohio on February 9, 2001.  The husband succeeded in obtaining a dismissal
of this divorce action because the wife was a F-1 student and could not satisfy the domiciliary resident requirement for jurisdiction in an Ohio county court.  The wife then initiated a petition for
divorce via the Consulate General of the People's Republic of China located in New York City. This divorce petition was duly filed in Shanghai Zuhui District Court, China on June 5, 2001. The
husband was served with the Chinese divorce petition on August 2, 2001. On August 3, 2001, the husband filed for divorce in Domestic Relations Division of the Court of Common Pleas of
Hamilton Count.  On Ocotober 29, 2001, the wife filed a motion to dismiss the divorce initiated by the husband.  In response, the husband on November 7, 2001  amended his complaint from
divorce to one for legal separation and continued his action for spousal support.   

After a hearing before a Hamilton County Magistrate, the trial court issued a decision that for a complaint for legal separation, jurisdiction and venue were proper in Hamilton County but the
action must be dismissed because the wife had already invoked the jurisdiction of the Chinese courts by perfecting service upon the husband one day prior to his filing a complaint in Hamilton
County.   The Magistrate noted that both parties were Chinese nationals who were in the United States on temporary visas and that while both parties wanted to terminate their marriage, Ohio
residency requirements precluded them from obtaining a divorce in Hamilton County, Ohio, but permitted the husband to proceed for legal separation.  Nonetheless, the husband's effort to get
spousal support was denied because jurisdictional priority was given to the Shanghai court to decide all issues related to the marriage and termination of the same.

Charleston C. K. Wang, Esq. brought an appeal into the First Appellate District of Ohio on five questions of law.  On June 13, 2003, the Court of Appeals after reviewing each issue of law
de
novo,
reversed on the fifth assignment without deciding the other four, holding that Ohio's jurisdictional priority rule applies only to state courts with concurrent jurisdiction and not to foreign
courts.  Accordingly, the lower court erred as a matter of law when it dismissed the husband's action for spousal support by reason of a pending divorce action in China.  In his appeal, the
husband had also argued that the trial court violated his due-process rights, his right of access to Ohio court, and the sovereignty of the state of Ohio, issues which were not reached because
of the disposition of the fifth assignment of error in his favor.

In summary, this case stands for the legal proposition that a non-resident alien in Ohio may access Ohio domestic relation courts for the purpose of obtaining spousal support under an action
for legal separation, notwithstanding the fact that a parallel action is pending in the courts of another country, including the country of origin.  To read the complete decision,
click here.

CLICK HERE TO GO TO PAGE 2 OF WANGLAW NEWSLETTER
Charleston C. K. Wang                                                                    Attorneys & Counselors-at-Law
                                                                                    
       THE STORY OF WONG KIM ARK, A NATIVE SON WHO STRUCK A BLOW AGAINST THE CHINESE EXCLUSION  ACT OF 1882.

Wong Kim Ark was born in the year 1873 at No. 751 Sacramento Street, city of San Francisco, county of San Francisco, state of California, United States of America.  His mother and father
were persons of Chinese descent, simple subjects of the Emperor of China, were not engaged in any diplomatic or official capacity on behalf of China, but were residents of the United
States.  Wong Kim Ark grew up to be a laborer.

In 1890, at the age of seventeen, Wong Kim Ark visited China, the distant land of his ancestors.  He returned on the steamship Gaelic, and was admitted to his country of birth in the same
year.  After coming of age, he departed once more for China in 1894 and returned to the United States in August 1895.  He sought to enter his country of birth but was refused entry by
government officials.

Wong Kim Ark was caught up in a time of intense public hysteria and agitation against the presence of Chinese and other Asian minorities (the “Yellow Peril”) in the American West.  Local
political and general public sentiment were bent on getting rid of the Chinese.  The “Chinese must go” demands intensified with each cycle of economic slow-down when jobs became
scarce and the Chinese were willing to work hard for less pay.  In conformance with prevailing exclusionary prejudice, the local customs collector and later the local United States district
attorney asserted that Wong Kim Ark was not a citizen of the United states and had no privilege to enter the country.   For you see, in 1882, Congress had passed the racially discriminatory
Chinese Exclusion Act which was designed to barr Chinese from coming to  America.   Wong Kim Ark was held in confinement as an illegal alien awaiting deportation.

Wong Kim Ark protested that neither he nor his parents have ever renounced his allegiance to the United States, and that he had never done or committed any act or thing to exclude him
from his country of birth.  Wong Kim Ark insisted on his right to come home.  He initiated a lawsuit for habeas corpus (order to release a prisoner illegally detained) in federal district court
for Northern California.  The court ordered Wong Kim Ark to be discharged from confinement upon finding him to be a citizen of the United States.

The United States government, not satisfied with the findings of the lower court, appealed to the United States Supreme Court.  In
United States v. Wong Kim Ark, the question presented to
be answered by the high Court was this:

Is a child born in the United States, of parents of Chinese descent, who at the time of his birth are subjects of the Emperor of China, but have a permanent domicile and resident in the
United States, and are carrying on business, and are not employed in the any diplomatic or official capacity under the Emperor of China, a citizen of the United States?

For the Supreme Court it was a simple case.  After the American Civil War (1861-1865), the Civil Rights Act of 1866 expressly provided:

All persons born in the United States and not subject to any foreign power,  excluding Indians not taxed, are hereby declared to be citizens of the United States.

The United States Congress, shortly afterwards in 1868, obviously thinking it unwise to leave so important a concept of citizenship as an ordinary law, elevated it to constitutional stature
through Section I of the Fourteenth Amendment to the United States Constitution.  Thus, the relevant part of the Constitution expressly provides:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.

It is not surprising, therefore that in 1898, the Supreme Court, true to its long but checkered  tradition of rendering justice independent of public hysteria, popular emotions, and political
pressure, addressed the Chinese Exclusion Act of 1882 in this manner:

Whatever considerations, in the absence of a controlling provision of the Constitution, might influence the legislative or executive branch of the government to decline to admit persons of
the Chinese race to the status of citizens of the United States, there are none that can constrain or permit the judiciary [i.e. the Supreme Court] to refuse to give full effect to the preemptory
and explicit language of the Fourteenth Amendment, which declares and ordains that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are
citizens of the United States.”

The United States government was thus ordered to release Wong Kim Ark from confinement and to admit him to his country of birth as a full fledged citizen.  Having struck a legal blow
against the Chinese Exclusion Act of 1882, a natural born, native son had finally come home.    

Today, most immigrants in America know that their children who are born in the United States are automatically vested with natural citizenship by virtue of the birth.  Now, we should know
and remember how this fundamental right was attacked, defended and won at law:  Wong Kim Ark, a simple Chinese laborer, refused to accept the attempted infliction of an unjust act
and chose to vigorously pursue his rights under the law.  His efforts were fruitful and the fruits continue to benefit many people to this day.

To read the complete Supreme Court opinion
click here.    If you enjoyed reading this story, click here to read the story of Yick Wo.

NEWS                                       NEWS                                   NEWS                                  NEWS
CHARLESTON C. K. WANG, ESQUIRE WINS DUE PROCESS DECISION IN THE OHIO COURT OF APPEALS FOR HAMILTON COUNTY.
On May 2, 2012, in the case of State of Ohio v. Zou, the Ohio Court of Appeals for the 1st Appellate District of Hamilton County held that Ohio
Criminal Rule 29(A) applies to traffic violations of the Cincinnati Municipal Code because they are criminal misdemeanor offenses and "the idea
that a defendant is presumed innocent until his guilt is established beyond a reasonable doubt is the very cornerstone of our criminal justice
system. It is, by design, a difficult standard to meet, and any charge to the jury which lessens the standard or which leaves the jury uncertain as
to what the standard is or how it is to be applied is not acceptable. .....If it is error for a trial court to fail to properly instruct a jury on reasonable
doubt, it is also error for a court to fail to apply the correct standard in a bench trial."    To read the entire decision,
click here.  
CHARLESTON C. K. WANG, ESQUIRE WINS AMENDED DECISION
WITH STRONG DISSENTING OPINION IN U. S. COURT OF APPEALS.
On August 11, 2010, after requesting a rehearing en banc, the United States
Court of Appeals for the Sixth Circuit issued an amended opinion which
incorporated a strong dissent by Judge Boyce Martin in the case of
Japarkulova
v. Holder
,  615 F.3d 696 (6th Cir. 2010).   Japarkulova  has been noted in  
more than one subsequent published cases for the proposition that
non-precedential BIA decisions by a single member are not entitled to
Chevron
expert agency deference mandated by the U.S. Supreme Court.   To read the
amended decision, please
click here.
CHARLESTON C. K. WANG, ESQUIRE OBTAINS AN AMENDED
DECISION IN THE U. S.  COURT OF APPEALS.
On March 1, 2012, the United States Court of Appeals for the
Sixth Circuit amended its decision after a petition for rehearing
en
banc
by Charleston C. K. Wang in the case of Abdurakhmanov v.
Holder,
666 F. 3d 978 (6th Cir 2012)  cert. den. 566 U.S.____
(U.S. Supr. Ct. 2012).  Both decision and amended decision are
published cases.   To read the amended decision, please
click
here and the decision prior to amendment, click here.
A WIN IN THE U.S.  SIXTH CIRCUIT COURT OF APPEALS. On August 18, 2014 in Nifadev v. Holder, (Case No. 13-3704/4222 6th Cir.
2014), the United States Court of Appeals for the Sixth Circuit held that Mikheil B. Nifadev has proven his claim that he had suffered
persecution by reason of his Russian ethnicity at the hands of the security and regular police of Uzbekistan.   The Court vacated the
decision of the Board of Immigration Appeals (BIA) in Washington, D.C. which had denied Mr. Nifadev asylum, and the Court remanded the
case with additional instructions to the United States Attorney General, including that the BIA should determine whether the BIA should also
reconsider its denial of Nifadev’s application for withholding of removal and protection under Convention Against Torture (abbreviated CAT
for Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of the United Nations) in light of the
opinion of the Court.  The Sixth Circuit opinion essentially and explicitly held that
"[b]ecause the IJ [Immigration Judge] appears to have
erred in her determination that Nifadev did not suffer past persecution and because the IJ clearly misinterpreted Nifadev’s credible
testimony regarding the ethnic animus of the Uzbekistan security officials, we find that Nifadev has made out a credible case of being a
refugee under the definitions of 8 U.S.C. § 1158(b)(1)(A)."  
[Emphasis added].   The United States Immigration Court in Cleveland, Ohio,
had initially found Mr.  Nifadev and his witnesses to be credible but declined to grant asylum because it erroneously determined that Mr.
Nifadev had NOT suffered persecution.   Shown in photograph on the right is Mr. Mikheil B. Nifadev with Charleston C. K. Wang, Esq.  who
represented Mr. Nifadev during trial and both appeals.  To read the complete opinion, please
click here.