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X Y is a 34-year old Palestinian from the Occupied Territories of the West Bank, which are under Israeli occupation.   Mr. Y and his family were persecuted by the Israeli military throughout the 1970s, 1980s, and 1990s.   He came to the United States on October 11, 1993 and applied for asylum on May 27, 1994.

During the 1948 Arab-Israeli war, Mr. Y’s parents fled from their hometown in present day Israel to a West Bank refugee camp known as Dair Ammar.  During the June 1967 war, Israel invaded the West Bank and took over Dair Ammar.  In 1972, one year after Mr. Y’s father passed away, the Israeli army transferred Mr. Y’s family to the Am’ari camp near Ramallah, where Mr. Y was detained, beaten, and tortured.   The first incident occurred in 1972 when he was five years old and was trying to protect his 55-year old mother who was being beaten by soldiers.   Between 1972 and 1992, he was placed many times in detention, several times for up to four months.  While in custody, Mr. Y was beaten on the head, torso, teeth, and hands; forced to stand in cold water and keep his arms raised above his head to avoid being beaten; blindfolded and subjected to mock executions; and deprived of sleep during interrogation sessions that lasted more than 24 hours at a time.   The last incident occurred just before he came to America in 1993.   Three of his four brothers also have been subjected to administrative detention and tortured.  His brother Z was once held for 5 years, and eight months ago was again placed in administrative detention.

Despite the Madrid peace talks of 1991 and the Oslo Accords that were signed in 1993 and eventually led to the creation of a Palestinian Authority having control over non-contiguous patches of the West Bank, many Palestinians continue to be persecuted today.  Mr. Y comes from an area of the West Bank that is still under Israeli military control.   Mr. Y faces a very real threat of death or other persecution if he is deported.  Conditions in all of the Occupied Territories, not just the areas that are under Israeli military control, are worse than when he left.   The Israeli government continues to use lethal force against demonstrators in connection with the current uprising in the Occupied Territories.

Mr. Y’s return to the Occupied Territories will be immediately known by his former persecutors because entry into the Occupied Territories is controlled by the Israeli military.   Because he was given a special travel document to leave Israel with the understanding that he may never return, Mr. Y is likely to be detained, interrogated, and subject to further torture.   According to the Immigration and Naturalization Service’s Resource Information Center, Mr. Y is stateless and cannot legally return to the Occupied Territories because he has lost his residency by failing to return to the Occupied Territories every two years to renew his residency papers.   Mr. Y is greatly concerned that he will be mistreated like fourteen Palestinian Americans, who returned to visit the Occupied Territories, were arrested and are currently held in Israeli administrative detention without having been charged.

Mr. Y is eligible to apply for asylum in the United States.   Mr. Y therefore requests that this court grant asylum and withholding of removal and also relief under the Convention Against Torture.  The requested relief is amply warranted in this case because Mr. Y has been brutally persecuted in the past by Israel on account of his nationality, political opinion, and race and has a reasonable fear that he will be killed or persecuted if he is forced to return to any area in the Occupied Territories.

Mr. Y also is entitled to relief under the Convention Against Torture.  In view of the history of torture that will be presented at trial, Mr. Y has substantial grounds for believing he is in danger of being subjected to future “torture” as defined by the Convention should he return to Israeli-occupied Palestine.