Sectors
Foley & Lardner LLP secured asylum for a mother and son fleeing persecution in El Salvador in a recent pro bono case, with the Chicago Immigration Court granting two asylum applications as a result of the firm’s arguments.
Foley’s clients initially sought asylum in the United States after extended targeting by certain criminal gangs in Latin America given the family’s ties to law enforcement and their refusal to engage in gang activities. After receiving credible death threats, the family relocated on multiple occasions seeking safety within El Salvador, and each time was tracked and targeted again by local gangs. The family eventually fled to the United States in the hope that they would finally find refuge.
The major challenge in the case for both Foley and its expert witness was demonstrating to the court that, notwithstanding reports from the Salvadoran government that conditions have improved since Foley’s clients left El Salvador, such reports were misleading due to underreported crime data resulting from coordinated efforts between the government and gangs. Foley successfully argued that there had not been a fundamental change in circumstances in El Salvador such that its clients could safely return.
The court also found that Foley’s clients established past persecution, a nexus between persecution and membership in a particular social group, and a well-founded fear of future persecution, thereby granting their applications for asylum.
Foley’s pro bono team was led by partner Margaret Gembala Nelson and associate Ellie Asfora.
