[Blog]

Today I received a lengthy and well-reasoned decision from the Kansas City Immigration Court, approving my pro bono client, an 18-year-old Honduran child. This is the first of the two pro bono cases we wrote about back in September. The Judge accepted our argument that the abuse the child suffered in Honduras did, in fact, rise to the level of persecution, that his family member who was a well-known and active gang member had persecuted him, and would likely persecute him in the future if he was returned to Honduras. Additionally, she accepted that the government in Honduras would not or could not protect him, and that the situation there has not changed enough for him to return safely. She also found that he had a reasonable fear of rival gang members or the police, simply for being related to the gang member. Lastly, she found that he couldn't go to any other part of Honduras to avoid persecution.

This young man from Honduras was clearly deserving the protection of the United States, and I am extremely appreciative of the expert academic who provided a report on Honduras which the judge specifically cited as authoritative, and the therapist who met with him several times and provided in-person testimony to the court. They provided their services pro bono as well, and did a tremendous job, and really responsible for his being approved for asylum. I can only hope that the second of the two cases turns out as well. 

The government does have the right to appeal the decision of the judge within 30 days, so he is not entirely in the clear yet. However, I do feel that the decision of the judge was so well-written and comprehensive that it seems very unlikely they would ultimately prevail before the Board of Immigration Appeals. That being said, it would be terrific if they decided not to appeal, so that he could move forward receiving benefits as an asylee in the United States.