This post is by my esteemed law partner Todd Pilcher. Todd’s practice focuses on asylum and family-based immigration. Over the course of his career, Todd has represented hundreds of immigrants and asylum seekers from all over the world, with a particular focus on asylum seekers from Central Asia and Latin America. He is also an adjunct professor of asylum and refugee law at the George Washington University Law School. Prior to joining Dzubow & Pilcher, Todd worked for many years as a senior managing attorney at Whitman-Walker Health Legal Services in Washington, DC.
Until the recent coup d’état attempt in Turkey on July 15, 2016, most people in the United States–including journalists and human rights advocates–had never heard about the Gulen Movement or its founder Fethullah Gulen. That all changed after the Turkish government blamed the coup effort on Mr. Gulen and his followers and demanded his extradition from the U.S., where he has lived in exile since 1999. Since then, American and international press agencies have published numerous articles about this man and his movement.
While people in the West may be surprised that they only recently learned about “one of the world’s most important Muslim figures” and his movement promoting secular government, democracy, and religious tolerance, they should not be surprised that some governments in Central Asia and Eastern Europe have persecuted Mr. Gulen’s followers for many years.
I am an attorney specializing in political asylum. In my practice, I have worked with several Gulen movement followers who have fled horrific government abuse in their home countries and applied for asylum in the United States. In the wake of the failed coup and the vicious crackdown against followers in Turkey and throughout Central Asia, I expect to assist more such asylum seekers in the coming months.
Gulen movement supporters who have been persecuted or who fear persecution in their home country due to an association with the movement should qualify for a grant of asylum in the U.S. on the basis of both religion and political opinion. Even those who are not closely associated with the movement, but who fear persecution because the government falsely accuses them of involvement, should have strong cases for asylum.
Any religious movement, such as the Gulen movement, that promotes the ideals of secular governance, nonviolence, religious and cultural pluralism, and respect for science alongside its spiritual teachings should be a welcome element in Central Asia and Russia. Unfortunately, many governments see the Gulen movement as a mortal threat to their dominance. In Turkey, Russia, Uzbekistan, and Tajikistan, Gulenist schools have been shut down. In many instances, followers have been subjected to harassment, detention, and torture. We have learned from clients and press reports that in Russia, government security agents have routinely raided Gulen movement meetings in private residences, confiscated reading materials, and arrested the participants. Once in detention, the Gulen movement followers undergo interrogations and severe beatings. The women are frequently raped and movement leaders are sentenced to long prison terms or killed outright. The treatment of Gulen movement followers in Uzbekistan is at least as horrific due to the country’s chronic conflict with Turkey and the consistently unhinged behavior of the country’s dictator, Islam Karimov, and his henchmen.
For the present, international focus on the crackdown against Gulen movement followers remains on Turkey. But the mistreatment of Gulen followers will also likely rise dramatically throughout the region and beyond as dictatorial governments seek to confirm their paranoid suspicions and keep their prisons filled with perceived opponents. The U.S. and other countries that respect their moral and international legal obligations to protect refugees will continue to face the dilemma of speaking out forcefully against the mistreatment of Gulen movement followers while also trying to maintain important strategic relationships with the countries that have ramped up their persecution.
Hi Jason,
I’m a former officer dismissed from Turkish National Police. I was dismissed on January, 2017. A juidical file was opened against me but a non-prosecution decision was made. So my case is closed but I see people that their case closed but after some alleged new evidences, by another court new cases opened against them and all judicial process start from beginning. Unfortunately, this time some of them got a prison sentenced.
How do I apply for asylum? How can I tell countries that I’m still in fear of was putting in prison?
Thanks.
It sounds like a reasonable asylum case. We have done a number of Turkish cases based on the coup attempt a few years ago, and those cases tend to be strong. I think you will need evidence that other people who had their cases closed ended up being prosecuted and jailed (among other evidence about your job, the original case, country conditions in Turkey, etc). A lawyer should be able to assist with this, and to identify what evidence is useful. Take care, Jason
Hi Jason,
I used to serve for Turkish government, but dismissed on 2017. My wife also used to serve for Turkish government and she was dismissed too. We will apply for the asylum. We both have lawsuit filed against us! Would you recommend applying separately or together?
Thanks for your answer,
Regards
Brad
It depends on the case(s). My preference is normally to present the stronger case and present only one person’s case, but that is just a strategic (and economic) decision. Either spouse can be the principal, or each spouse can file an individual case. Take care, Jason
Dear Mr. Jason:
I am an officer in the Turkish Air Force. The government suspended me from duty and cancelled my passport when I was outside of Turkey. Turkish government thinks that I am one of the followers of Gulen movements but I am not. If I can return to Turkey, I am scared to will be held in prison until the court decides which takes many years. Is there any chance to grant my case what can you say about my case?
Kind regards,
We are working on a number of cases like yours (they are all pending since they were filed under the old, slower system), and I think you would probably have a strong case. The “protected category” for you is “imputed political opinion,” meaning that you are not a Gulen supporter, but the Turkish government believes you are. This is a basis for asylum, and so if the US government believes what you are telling them, you should have a good chance to win asylum. Take care, Jason
Hello Jason,
Did you get any decision for any of the cases from Turkish military? I had my interview for around 16 months ago but I haven’t received any decision yet.
Do you think they consider our cases as ‘politically’ sensitive due to Turkey’s membership to NATO?
Also, due to our training and higher education (most of the dismissed officers are US educated on technical fields), do you think we are under more thorough background check?
My law partner does more Turkish cases than me, and he has received decisions. I have a bunch of pending cases, but I think none have been interviewed yet. As far as I know, there are not extra long delays for all Turkish cases, but it may depend on the case. You can try to contact the asylum office or go there to make an inquiry. Take care, Jason
Hi Jason,
I wanna thank you for helping people, after recent coup d’état attempt in Turkey on July 15, I have been dismissed from my job at a university through an emergency decree in september 2016 and I have been arrested because of I am related to Gulenist movement and opposite to AKP (Justice and development party)and Tayyip Erdoğan then I was detained for 7 months in prison I faced mistreatement in prison, I have released in march 2017, I have being judged . After judgement I wanna come to USA and apply Asylum, is there any chance to grant my case what can you say about my case.
It sounds to me like you have a strong case, but it depends on the specifics. Once you are here, talk to a lawyer to fully evaluate the case. Also, remember that you must apply for asylum within one year of arrival; if not, you could be barred from asylum. Good luck, Jason
I appreciated for your advice Jason, God bless you and thank you very much again.
Hi Jason,
I am J1 visa holder with the 2-year rule (ends in August 2020) living in Florida now. I have been dismissed from my job at a public institution through an emergency decree last month. I am preparing my documents to apply for asylum. My question will be if I get my asylum before or later than August 2020, what do I need to expect about my J1 2-year rule? Having an asylum status replace my previous J1 holder status and I don’t have to go back to Turkey?
If you have a two-year home residency requirement due to a J-1 visa, and you win asylum, you are no longer subject to the two-year rule, and you can get your GC and later your citizenship. In other words, if you win asylum, you do not need a J-1 waiver. Take care, Jason
Hello, my father was a Turkish police officer. He was dismissed from his duty in 2020 for participating in the FETO movement. During this process, as his son, I was subjected to a lot of discrimination. I was overwhelmed by the pressures coming from my environment and the state. I felt obliged to leave the law school. I am currently in America with a J1 visa. I am thinking of seeking asylum. What is your opinion?
Talk to a lawyer about your specific situation. We have done a lot of FETO cases and in general, such cases are very strong. However, if your father’s only problem in Turkey is that he was dismissed from his job and he is otherwise living there safely, I think it will be difficult to show that you face harm as his dependent. That said, it really depends on the specific situation, any threats against him or you, and country conditions, so you have to talk to a lawyer about all that. Do be careful about the one-year asylum filing deadline: To seek asylum, you have to file the application within one year of arriving here. There are exceptions, and if you were in valid J status, that is an exception. However, once you leave school, you need to file for asylum within a month or two to be safe (assuming you have already been in the US for over one year). I wrote more about this issue on January 18, 2018, but the point is, if you have been here fo more than a year already, and you left your school, you have to take action very quickly if you want to seek asylum. Take care, Jason