Kramer Levin Wins Asylum Appeal for Pro Bono Client

Kramer Levin won an appeal from the denial of asylum for a Salvadoran woman who had been subjected to rape and domestic violence by her common-law husband because she was unable to have children. Our client entered the United States in January 2014 and was taken into custody at the border. While detained, our client claimed asylum due to the risk that her persecution would continue if she were returned. The Immigration Judge denied asylum on credibility grounds even though the Asylum Office found that our client could likely establish past persecution, a well-founded fear of future persecution, and membership in a qualifying social group.

Kramer Levin successfully argued to the Board of Immigration Appeals ("BIA") that the Immigration Judge's denial of asylum was an error because it rested entirely on an adverse credibility determination, which was based solely on the non-existent inconsistency between our client's written application and her oral testimony. On April 10, 2015, the BIA issued a written decision holding that “[t]he Immigration Judge’s adverse credibility determination [was] clearly erroneous,” and that it was “unclear” if he had applied the appropriate legal framework when deciding her case. Accordingly, the BIA remanded the record to the Immigration Judge for a new hearing during which our client will "be given the opportunity to update the record and present additional legal arguments." Benjamin Arrow and Aaron Frankel worked on the case. The appeal was referred to Kramer Levin through Catholic Legal Immigration Network, Inc. (CLINIC).