I took an immigration case in June through my volunteer work with the Mesa Verde Pro Bono Project. I’m thrilled to report that last week an immigration court judge granted asylum to my West African client.
Akosua was released from the detention facility where she’s been incarcerated since spring. She joined her relatives living on the East Coast. (Akosua is not my client’s real name. I’m using this pseudonym to protect her identity.)
For me, Akosua’s arduous journey to find a safe place to call home highlights the flaws in the asylum process in the U.S.—and the path for presenting a compelling case for asylum.
Her Story
My client was subjected to intense persecution in her homeland. She hid and finally got a one-way ticket to Latin America. Akosua traveled through many countries over a period of months, getting robbed along the way. She requested asylum in the countries she traveled through, but no country would grant her request.
When Akosua reached the U.S. border, she did not try to sneak into the country. She presented herself to border patrol and requested asylum. Although she had no criminal background, Akosua was incarcerated in Mesa Verde Detention Facility in Bakersfield as is common practice for people fleeing violence.
No Public Defenders
Unlike in other courts of law, asylum seekers and others facing deportation in immigration court do not have the right to an attorney. They also do not have access to public defenders. They must represent themselves unless they have the means to hire an immigration lawyer or an immigration lawyer is willing to work pro bono on a case.
I became aware of Akosua through the Mesa Verde Pro Bono Project. This project launched last year in response to Immigration and Customs Enforcement (ICE) reopening the Mesa Verde Detention Facility in Bakersfield to detain up to 400 asylum seekers. The American Immigration Lawyers Association’s Northern California Chapter, Community Legal Services in East Palo Alto and Centro Legal de la Raza in Oakland created the pro bono project to provide free legal representation to asylum seekers. (Even though Mesa Verde is much closer to Los Angeles than San Francisco, the asylum cases of detainees in this facility are heard in San Francisco Immigration Court.)
Two Options
I took Akosua’s case for free because I was haunted by the physical abuse to which she had been subjected. Moreover, I witnessed the type of persecution she suffered when I visited West Africa in 2007.
The first time I talked with Akosua, I told her she had two options. I could help her get released from the detention center immediately. That meant she could join her relatives on the East Coast while waiting for her asylum case to be heard, which could take several years. But she would need to find an immigration lawyer to represent her on the East Coast.
The other option would cost Akosua her freedom—at least for a few more months. I could represent her in immigration court, but she would remain locked up until asylum was granted. And asylum was far from certain given some of the facts in her case.
Akosua opted to remain in jail. I am honored that she trusted me to represent her.
Fortunately, I was able to get Akosua’s case expedited. Had I been unable to do so, Akosua could have faced many more months or years in custody.
Prepping for Trial
Asylum seekers must show they meet the definition of a “refugee.” Refugees cannot return to their home country due to persecution there or because of fear of future persecution. Akosua met that definition. Still, a few facts challenged her credibility and I was concerned the government would accuse her of fraud and lying.
Addressing these challenges head-on by being the one to raise Akosua’s credibility in court was key. I prepared her for this and what to expect in the courtroom. She was ready when her court date arrived.
Immigration Court
Immigration court can be daunting. And the unique way in which cases are heard can make asylum seekers feel even more intimidated.
Asylum seekers face questioning from both the ICE lawyer and the judge in court proceedings. Moreover, detained asylum seekers are prohibited from appearing in court in person. They only appear via live video feed. The transmission often breaks up and lags, making it difficult for both sides to hear or respond.
After my tough questioning of Akosua, the ICE lawyer not only declined to cross examine or argue against the asylum request, but she also declined the option to appeal. The judge granted Akosua asylum.
New Life
Akosua is enjoying her new life in America. She hopes to teach young women to have the strength to get through any challenge, no matter how difficult.
