
Pro Bono Report: Political Asylum
Kramer Levin continues to play a prominent role in political asylum work, with several new cases initiated under the coordination of
Kerri Ann Law and
Aaron Frankel. In all, firm lawyers and summer associates represented fourteen victims of torture from Afghanistan, Burundi, Colombia, Congo, Liberia, Pakistan, Tibet, and Togo.
Afghanistan. Lauren Freeman-Bosworth continues to assist a female Afghan who defied the Taliban and, despite Taliban prohibitions on womens’ activities outside the home, worked as a dentist, as an English teacher for girls, and as a women’s rights advocate. Beginning in 1998, members of the Taliban threatened our client and her family and murdered her father and one of her brothers. After escaping to Pakistan, and then fleeing to the United States, she was granted asylum and now lives safely in this country. After helping our client obtain asylum, Lauren assisted her in obtaining derivative asylum status for her husband and continues to help the couple navigate the administrative process for obtaining the necessary visas so that our client’s husband can join her in the United States.
Burundi. Erin Walter continues to assist a refugee from Burundi, for whom she had previously secured a grant of withholding of deportation, which raised complicated issues concerning permanent residency. Our client had been persecuted on the basis of his Hutu ethnicity and political affiliation with CNDD, a Hutu political resistance group seeking representation in Burundi’s Tutsi-run government.
Colombia. Ilana Kahn continued to assist a Colombian citizen, for whom she previously obtained a grant of asylum, in connection with his application for permanent residency. Our client is a gay man who fled Colombia after suffering persecution by the Colombian police and military during his time in military school. After arriving in the United States, our client was diagnosed HIV positive and feared returning to his home country, where people with HIV are singled out for violent abuse. Ilana convinced the government to accept our client’s application after the one-year filing deadline based on his student visa status and demonstrated history of persecution in Colombia on account of his sexual orientation and HIV status. He is currently finishing his studies at the Culinary Institute and plans to pursue regular employment as a chef after completing an externship in the industry.
Congo. Jennifer Despins, with the assistance of Patricia Ronan at the hearing, helped an applicant from the Democratic Republic of Congo obtain political asylum. The Congolese government persecuted, imprisoned, and tortured our client and his family because of their Luba Kasai and Tutsi ethnicities, as well as their political advocacy for the Union Pour la Democratic et le Progres Social (“UDPS”), a pro-democracy political organization. Jennifer conducted an asylum hearing presenting testimony from the client and expert testimony on country conditions in Congo. This evidence was corroborated by a psychologist’s affidavit documenting the post-traumatic effects of his mistreatment. At the conclusion of the hearing, the judge immediately granted our client political asylum. Our client was ecstatic and is thrilled to be starting a new life in the United States. Kramer Levin attorneys
Kerri Ann Law, Ian Sandler,
Christiaan Johnson-Green, Patricia Seith, Lauren Freeman-Bosworth,
Parthena Psyllos, and
Joseph Schwartz have all provided assistance in the past. • Alissa Rosen continues to represent a Congolese citizen in his attempt to obtain asylum in the United States. As a result of his southern ethnicity and his father’s political involvement with the overthrown Lissouba government, our client and his family were hunted and threatened by Sassou Nguesso’s military and forced to flee their home. Our client was imprisoned and tortured in Congo and faces future persecution if he were to return to the Congo because of his ethnicity and his relationship to his father, whom he has not seen since Sassou Nguesso came to power in 1997. Kramer Levin attorneys
Jeffrey Braun and Paul Koppel, and then-summer associates Michael Koplow and Nancy Rimmer, have all assisted our client in connection with his efforts to obtain a grant of asylum. •
Shoshana Menu helped a citizen of Congo obtain a grant of asylum and derivative asylum and travel visas for her four sons. Our client was persecuted because of her political views and her membership in the Luba tribe.
Liberia. Jeffrey Ourvan and Megan Davis, with assistance from then-summer associate Matthew Keller, represented a client from Liberia in connection with his asylum application. Our client was an elderly man who was persecuted by forces loyal to former President Charles Taylor. Many members of our client’s family were murdered on account of his ethnic heritage and political opinions attributed to him because of his employment as a regional government official during the presidency of Taylor’s rival and predecessor, Samuel Doe.
Pakistan. Aaron Frankel, with the assistance of then-summer associates Alison Monahan and
Matthew Abbott, represents a gay man who is seeking asylum based on his sexual orientation. Our client suffered severe depression due to his inability to disclose his sexual orientation in Pakistan, where the government has been hostile towards suspected homosexuals and has enforced penal laws to persecute and eradicate homosexual behavior. Our client fears that he will be persecuted if returned to his home country. A hearing to determine whether asylum will be granted is scheduled for the near future. • Jennifer Jones and
Jennifer Haber, assisted by then-summer associates Cesar Bello and Leena Khandwala, represent a woman from Pakistan applying for asylum on the ground that she fears persecution based on her political, religious, and social status if forced to return to Pakistan. Our client came to the United States with a man who later refused to marry her because his parents would not consent to the marriage. The couple have two sons. Our client’s family in Pakistan had repeatedly threatened to kill her if she returns to Pakistan for shaming the family by not allowing them to pick her husband, leaving them, and having children out of wedlock. The Pakistani government condones such violent acts, termed “honor killings,” and will not support or protect her. Our client had affirmatively applied for asylum, but her application was denied when she did not attend her hearing because she never received notice of the hearing. A hearing before an Administrative Law Judge is scheduled for the near future.
Tibet. Corporate associate
Justine Eisenstein, with the assistance of then-summer associates Jessica Tuchinsky and Matthew Keller, helped a former Tibetan monk obtain political asylum. The Chinese government persecuted, imprisoned, and tortured the client because of his religious beliefs and political advocacy for Tibetan independence from China. After his brother was arrested and his mother beaten to death by Chinese authorities, the client fled to Nepal and then to the United States, seeking asylum. Justine conducted an asylum hearing presenting the client’s testimony, corroborated by photographic evidence of his burns and scars and a psychologist’s affidavit documenting the post-traumatic effects of his mistreatment, which led to the granting of asylum. The client has received work authorization and will now attempt to bring the rest of his family here from Tibet. •
Ilyssa Sena and Betsy Polatsch, with the assistance of then-summer associates Bill Dimos and Nugzari Jakobishvili, helped a Tibetan Buddhist obtain asylum. The Chinese Government persecuted, imprisoned, and tortured our client and her family because of their religious beliefs and their political beliefs advocating Tibetan independence from China. Approximately two weeks after her husband’s arrest, the Chinese authorities kicked in our client’s door and began searching her home. After uncovering pictures of the Dalai Lama, the Tibetan Panchen Lama, and the Tibetan flag, they arrested our client, and tortured her during a two-month incarceration. She was ultimately released and placed on strict probation that prohibited her from practicing her religion, participating in public gatherings, or attending school. Approximately eighteen months after her release, the Chinese authorities summoned our client to a police station. Fearing further persecution, she escaped to the United States, where she sought asylum. Our client was extremely credible, often recounting small details and consistently recalling the dates of relevant events. However, her story was largely uncorroborated requiring us to rely on a supporting affidavit based on a psychological exam of the client. A BCIS hearing officer granted her asylum in January 2004. •
Michael Sternhell, with the assistance of
Jeremy Saks and then-summer associates
Julie Weiswasser and
Sarah Gleit, obtained political asylum for a Tibetan refugee who was tortured and imprisoned by the Chinese government based on his pro-independence political activities and religion. Our client was arrested while attempting to distribute religious materials near his village and was then subjected to repeated beatings and shocked with an electric cattle prod during a three-day interrogation by the local police. He spent the next six months in solitary confinement in a Chinese prison. Following his release, our client was continually harassed by the Chinese government, including being subjected to constant searches of his home. In 2001, our client and his wife were able to send their three sons to study in a Tibetan religious school in India affiliated with the Dalai Lama. When the authorities discovered this, he was again threatened with imprisonment. Fearing for his safety and that of his family, he fled to the United States. Our client’s initial affirmative application for asylum was denied after the government found that he had not proved compliance with the one-year filing deadline. After the case was referred to the immigration court, Michael was able to locate additional witnesses who could attest to our client’s time and place of arrival in the United States. Michael will now help our client apply for his employment authorization and, eventually, permanent residency status. •
Jonathan Fried and
Grace O’Hanlon continued to assist a Tibetan client, a former nun who was imprisoned and raped by the Chinese authorities because of her support of the Dalai Lama and who was granted asylum in 1999, with her application for permanent residency in the United States.
Togo. Aaron Frankel continued to assist a female survivor of torture, for whom Kramer Levin obtained asylum in 2001, with her application for permanent residency and with obtaining travel documents.