BIA Pro Bono Project Summer Victories

Despite the current difficult immigration climate, CLINIC’s BIA Pro Bono Project celebrated tremendous victories this summer at the Board of Immigration Appeals and in the Federal Circuit Courts of Appeal. Over the last year new DHS regulations and opinions from the Attorney General have been issued almost weekly, with the purpose of making it more difficult for noncitizens to win their immigration cases. Despite these hurdles, our talented volunteers have continued to take on difficult appeals and win protection for vulnerable asylum-seekers. We and our clients are so grateful to the pro bono attorneys who dedicate their time and skills to these cases. Below are some of the successes from this summer:

  1. The BIA remanded the case of a Haitian asylum seeker on numerous grounds, including that the Immigration Judge, or IJ, did not apply the proper framework for assessing firm resettlement, the IJ mixed up the respondent’s political party when assessing his claim for withholding of removal and the IJ did not meaningfully consider the respondent’s risk of future persecution. Thank you to Michael Ward of Alston & Bird!
  2. The BIA overturned the IJ’s adverse credibility finding against an asylum seeker from Burkina Faso. The BIA also found that the IJ erred in concluding there was no nexus between the harm the respondent suffered and his political opinion, including that the prosecution he endured was actually pretext for persecution. Thank you to Gregory Proctor, Marjorie Sheldon, and Christian Roccotagliata of Kramer, Levin, Naftalis & Frankel!
  3. The BIA granted asylum to a Cuban refugee. Contrary to the IJ, the BIA found that the harm suffered by the respondent did cumulatively rise to the level of past persecution and he did have a well-founded fear of persecution. Thank you to Austin Manes and Aaron Frankel of Kramer, Levin, Naftalis & Frankel!
  4. The BIA remanded the case of a Cuban asylum seeker because the IJ failed to consider the evidence of past economic persecution along with the physical harm suffered. The BIA also reminded the IJ that where the persecution is committed by the government, it is presumed that internal relocation is not reasonable, and the burden shifts to DHS to demonstrate that it would be reasonable in this case. Thank you to Dean Galaro of Perkins Coie!
  5. The BIA reopened the case of a Cuban asylum seeker because he had new evidence of harm and threats against his family that occurred after his final hearing with the immigration judge. Thank you to Astrid Ackerman and Aaron Webman of Kramer, Levin, Naftalis & Frankel!
  6. The Ninth Circuit granted the petition for review of a Ghanaian asylum seeker, overturning the IJ’s negative credibility finding and concluding that the Board had failed to adequately consider the country conditions evidence when it denied Convention Against Torture, or CAT, relief. You can read the full decision here. Thank you to Kari Hong of Boston College Law School!
  7. The Third Circuit, in a published decision, granted a Honduran asylum seeker’s petition for review, finding that the IJ and BIA erred in analyzing whether the respondent had suffered past persecution. The Court also found that the IJ failed to conduct the proper analysis regarding the need for evidence in an application for CAT protection. You can read the full decision here. Thank you to Aaron Rabinowitz and Gary Levin of Baker & Hostetler!
  8. The Sixth Circuit, in a published decision, granted a Russian asylum seeker’s petition for review, finding that the IJ and BIA erred in concluding that the respondent was not persecuted on account of his political opinions and that his indictment for peacefully protesting under Russian law was a pretext for persecution. You can read the full decision here. Thank you to Brenna Duncan and Andrew Caridas of Perkins Coie!
  9. DHS withdrew its appeal of a grant of asylum from Mexico to a Cuban national. DHS conceded to the IJ that the respondent was eligible for asylum from Mexico, but not Cuba because of the Third Country Transit Ban. DHS changed their mind and filed an appeal, which was withdrawn after the pro bono counsel filed his brief. Thank you to James Montana of The Law Office of James Montana!
  10. The BIA dismissed an appeal by the Department of Homeland Security and upheld a Cuban woman’s grant of asylum. The Board found that the IJ was correct in deeming the respondent eligible for asylum and not subject to the Third Country Transit Bar. Thank you to Aaron Rabinowitz and Jeffrey Lyons of Baker & Hostetler!
  11. ICE released a Venezuelan asylum seeker from detention to reunite with her spouse, after immense advocacy efforts by her pro bono attorney. Thank you to David Gottlieb!
  12. The Ninth Circuit remanded the case of a Honduran victim of domestic violence, at the request of the Department of Justice. The Court ordered the BIA to reconsider whether the respondent had demonstrated that the Honduran government acquiesced in her persecution, whether the respondent is part of a viable particular social group, whether it would have been futile for her to report the harm to local authorities, and whether internal relocation would be reasonable. Thank you to Alicia Chen!
  13. A victim of the Eritrean military’s notorious human rights violations was granted withholding of removal, after the BIA overturned the IJ’s adverse credibility finding and found that the IJ failed to consider that the country conditions evidence corroborated the respondent’s claim. Thank you to Jonaki Singh, Hien Lien, and Susan Jacquemot of Kramer, Levin, Naftalis & Frankel!
  14. The Ninth Circuit remanded the case of an asylum seeker from Mexico, at the request of the Department of Justice. The Court ordered the BIA to reconsider whether the respondent had been persecuted and sexually assaulted on account of her sexual orientation, and whether the government of Mexico could adequately protect her from future harm. Thank you to Tim Patton of The Appellate Immigration Project!

The BIA Pro Bono Project matches volunteer attorneys and fully accredited representatives with indigent respondents in need of representation before the BIA. If you would like to volunteer with the BIA Pro Bono Project, please fill out our volunteer form.

Delayed Appreciation: My Naturalization Story

This blog post was originally published on Sept. 13, 2016, when Williams managed CLINIC’s state-level immigration policy portfolio. Williams is now a staff attorney with CLINIC’s Religious Immigration Services.

I was born in Monrovia, Liberia where I grew up with my mother and older brother. My father lived in the United States. Growing up, I played along the beautiful shores of the Atlantic Ocean just a couple of miles from home. I ate my favorite vegetables during the rainy season, like cabbage and cassava; and the dry season brought me my favorite tropical fruits, like paw paw and mangoes. On weekends, my mother took us to visit my grandparents in Harbel, Margibi, and to church for youth activities.

My mother worked for the United Nations in Liberia, and education was very important to her. We often talked about my future plans. When I was really young, I wanted to be an executive secretary like my mother. Then, when I was eight, I watched the 1984 Karate Kid movie and realized my true calling was to be a professional karate fighter. I spent nearly every day reenacting scenes from the movie and challenging my brother to spar with me, with his necktie tied across my forehead. My karate dreams lasted until about high school, then I set my eyes on becoming a doctor.

During my senior year of high school, my mother told me we were moving to the United States. As you can imagine, it was quite overwhelming for a teenager to hear that she would be leaving everything she knew to go to a strange place and start life anew. My friends and family who lived in the United States tried to help me see the great opportunities that waited for me in the United States, but I certainly did not want to think about any of that. I was concerned that I would be leaving my homeland and my culture, and I was afraid to walk away from my friends and the life I knew.

We met my father in Bensalem, Pa., a few days after Christmas, and boy was I shocked by the cold winter air! I was used to only seeing ice in my freezer, but here, I was walking on ice and trying not to fall. It did not take long for life to get back to normal. I graduated high school in 2004 and headed off to college. I had no idea what my immigration status was and did not care to know. My family, or friends, and I did not talk about immigration issues.

I first learned of my lawful permanent resident status when I applied for my first part-time job as a college student. My father gave me my “green card” to show to my new manager. It was my first time seeing one and I wondered why it was called a green card when, at the time, there was nothing green about it.

When I became eligible to naturalize a few years later, my parents encouraged me to apply. I filled out the naturalization application with ease. A few weeks later, I went for my biometrics appointment and received the civic test materials for my interview. I did not open the study booklet until the day before my interview. I read for a couple of hours and was confident that I would do well on the test. At the time, I lived in Detroit. I checked-in at the U.S. Citizenship and Immigration Services, or USCIS, office about 45 minutes before my interview. As I waited to be called nerves set in. I was anxious about being in a federal building knowing my every move was being monitored by security cameras and federal agents. I was there to provide information about myself, my family and explain why I wanted to become a U.S. citizen, but the uncertainty ate away at me. What if I forget my mother’s date of birth or the address where I lived five years ago, I wondered. What will happen to me? I reviewed my copy of the application nearly 10 times because I did not want to give any inconsistent information to the officer.

Finally, my name was called. I looked up to find an immigration officer standing in the doorway with a folder in her hand. I walked across the waiting room rehearsing my full name and address in my head. She swore me in, then reviewed my driver’s license, Liberian passport and asked my full name and birth date. She asked me a few other questions about my family history, places of employment and then moved on to the civic test. Of the seven questions she asked, I answered six of them correctly. When she finally said, “Congratulations on passing the civic test. I will recommend your case for approval,” I was filled with relief. It felt like a huge weight had been lifted off my shoulders. A few days later I received a letter in the mail instructing me to go to the federal courthouse in Detroit to be sworn in as a citizen.

On Jan. 4, 2010, I became a U.S. citizen. The interesting thing was that I was completely oblivious to the fact that I had just experienced one of the greatest privileges in my life – a privilege so many immigrants make life-altering sacrifices for. I was more excited about the fact that I could use my U.S. passport to visit several countries without needing a visa.

Around this time, I decided that I was not interested in medicine, and my karate training had ended years before. So, I set out to become a lawyer. Two years into law school I volunteered at my school’s immigration outreach program where I completed intake forms and helped applicants prepare for their naturalization test. One day, I asked an applicant why she wanted to be a U.S. citizen and she told me her story. She had lived in the United States for years without documentation and because of that she could not travel home to see her sick mother. She found it very difficult to make enough money to support herself and her family in her home country and feared she would get caught by immigration authorities and be deported. Years later, she met her husband and through him she was able to obtain lawful permanent status. She was applying for citizenship and had plans to bring her mother to the U.S. for adequate medical care.

Her story shocked me and made me wonder how many people had similar stories. I realized that I had not taken time to appreciate what I had. I lived in a household of immigrants where my parents traveled in and out of the country when they wanted to. I went to college, obtained a driver’s license and opened a bank account with no trouble. Here we were — both immigrants sitting with very different stories — her story being more challenging than mine, and I did nothing spectacular to deserve mine. It took someone else’s immigration experience to get me to appreciate the value of my naturalization.

After law school, I was blessed to get a job at a law firm where I practiced immigration law full time. I felt obligated to help my clients seek legal status because they deserved to live freely and with dignity just like me. I joined CLINIC with the goal of providing my services to immigrants on a much larger scale. I am grateful to be at a place where my work can enable religious workers to serve their communities and provide spiritual guidance and support to parishioners in such challenging times.

Department of Justice Accredited Representative

Major Responsibilities: To assist individuals and families, who would not otherwise be able to afford such services, with immigration and naturalization matters, including representation before US Citizenship and Immigration Services and the Department of State. This position encompasses direct service responsibilities.

Supervision Received: Provided by Administrator for Immigration Legal Services

Duties and Responsibilities:

  • Interviews clients to determine whether immigration legal relief is available.
  • Provides assistance with family-based immigration visas, naturalization, waivers, asylum, temporary status renewal, victims of crimes, waivers, and other applications.
  • Provide assistance with completion and direct support with the department of state, including consular processing, uploading documents to the National Visa Center, preparing visa applicants for interview, and following up with US consulates and embassies abroad as needed.
  • Represents clients before USCIS Philadelphia for adjustment of status, naturalization, and other interviews.
  • Assists clients in identification of documents required, and directs clients on how to obtain them.
  • Refers clients to other immigration service providers, attorneys or voluntary agencies when warranted due to inability of CSS immigration services to provide appropriate assistance.
  • Identifies clients non-immigration needs and makes appropriate referrals within CSS or other appropriate social service agencies
  • Provides outreach and educational programs in parishes and other community locations
  • Other duties as assigned

DOJ Accredited Representative Knowledge, Skills and Abilities:

  • Knowledge of and orientation to the philosophy of the Agency as presented in the Mission/Philosophy statements.
  • Previous knowledge of immigration law and USCIS procedures to be able to properly advise clients on avenues of relief.
  • Ability to establish and maintain a positive and professional relationship with co-workers, clients, and visitors; cultural sensitivity and ability to relate well and effectively in a diverse workplace and with a diverse client population.
  • Ability to organize, efficiently document, and routinely update information.
  • Ability to utilize legal reference materials relevant to the client's immigration and naturalization needs.
  • Strong written and oral communication is required.
  • Fluency in Spanish is required. Bachelor's Degree is required.

Closing Date

Employment Type

Affiliate Agency

Employment Level

Job

Position

Department of Justice Accredited Representative

Organization

Catholic Social Services

Job Location

Philadelphia, PA
United States