updated 01/062017

Ladies and Gentlemen,

My name is Gopalan Nair, an Attorney in California with over 20 years of experience. I have done hundreds of asylum cases countries from as far and wide as Tajikistan to Pakistan. My telephone number is (510) 491 8525 and my Email is nair.gopalan@yahoo.com. I practice in the San Francisco area. Immigration is federal practice which allows me to represent client in all 50 states of the US.

Amos Yee, a Singaporean blogger was recently jailed twice for religious insults against Muslims and Christians in his native Singapore. He has recently entered the United States at Chicago asking for asylum and is presently on Immigration Hold at McHenry Correctional Facility, a prison, in Woodstock Illinois. Please see my post previous to this.

Asylum proceedings are confidential and information about any case is hard to get except for legal counsel or his own contacts. My understanding is that his "credible fear interview" has not yet been held. Normally if a credible fear interview is successful the asylum applicant is released on bond pending his Asylum hearing before an Immigration judge. If he fails in his credible fear interview, he still can request a hearing before an Immigration Judge except that he will not be released while he waits for his Asylum hearing.

My reckoning is that Amos Yee will not be released on bond. A judge among other considerations considering release should consider whether he will be a danger to himself or to the others or the community. Amos Yee is a religion hater, a hater of Islam and Christianity. He has insulted Islam and Christianity in Singapore which landed him in jail. The question for the American Immigration Judge is to decide whether his release to the community would be a danger to himself or others. We have seen the religious carnage in the not too long ago, Orlando shootings and San Bernardino shootings in the name of Islam. A judge will not allow this sort of thing to happen by releasing Amos Yee who may repeat his hate speech in the US resulting in others to retaliate with deadly force.

There should be no doubt that his release to the community would be a danger to himself or others. There is a serious danger that an self proclaimed religion hater like him would repeat his hate speech conduct in the United States. This may result in Muslims or Christians to retaliate. Although it is true that Americans have to right to say anything they want, Amos Yee is not American. The court need not release him to face racial violence in this country. Amos Yee does not have all the constitutional rights that an American citizen has.

I don't believe that he would be released on bail even if his credible fear interview is successful. He would be held in custody and I reckon in the end his asylum request would also be denied. This is not a case of protecting free speech. It is a case whether anti-Christ or Anti Islam hate speech should be given asylum protection in the United States.

Amos Yee has not suffered any past persecution at the hands of the Singapore government and neither has he any evidence of a well founded fear of future persecution at the hands of the Singapore government. He was merely given 2 short jail terms for hate speech against religion, a just and fair law in a multi racial crowded island. There is no evidence whatsoever that if he is returned to Singapore island he will be persecuted. And neither was he persecuted in the past. This is a man who believes he has a right to insult religions and therefore should be granted asylum in the US by reason thereof.

Another reason why his bail would be denied is his desire to avoid national service. National service is a universal requirement in the island of Singapore and the refusal to do it, shows bad moral character. In the United States, a draft dodger is even denied citizenship. This is a major point which will effect the judgment of the Immigration judge who will consider this whether to grant or deny asylum. An asylum applicant has to be of good moral character. A draft dodger does not have good moral character.

Gopalan Nair
Attorney at Law
Fremont (San Francisco) California
Tel: 510 491 8525
Email: nair.gopalan@yahoo.com