Foley & Lardner LLP is pleased to announce it has secured a significant pro bono victory in the Dallas Immigration Court. The firm’s client was granted asylum based on persecution suffered as a gay man in Guatemala.
The client endured years of violent, sexual abuse in Guatemala due to his sexual orientation. After fleeing to the United States in 2015, the Immigration Court found that he was a member of a protected class and had been persecuted for being gay. The persecution was both direct, from government actors, and indirect, as police refused to protect him from abuse by others. The client presented physical evidence of the torture he endured and testified about ongoing mental health challenges, including PTSD.
Despite clear evidence of persecution, his conduct in the United States posed challenges to his asylum application. After learning of his mother’s death in Guatemala, the client required medical attention and was arrested for an incident involving emergency medical technicians, which he testified he could not recall due to a seizure. He pleaded guilty to attempted assault and served jail time. Other incidents, though not resulting in convictions, further complicated his case, along with inconsistent testimony influenced by his mental health issues. Additionally, he did not file for asylum within the required one-year timeframe.
Foley successfully argued for a waiver based on the client’s inability to understand the timeframe requirements. The court also acknowledged delays from the Department of Homeland Security and concluded he should be allowed to proceed with his application. In addition to the client’s testimony, his mental health counselor provided crucial evidence, explaining his mental impairments and affirming that he is not dangerous. The testimony highlighted that his mental health challenges stemmed from his abuse in Guatemala and contributed to his inconsistent statements.
Foley is pleased to have achieved a successful outcome for its client, who can now remain in the United States, free from abuse and with access to the support needed to heal. The judge and the government attorney commended the quality of representation provided by Foley’s legal team, expressing gratitude for their involvement and encouraging the firm to take on more asylum cases.
The Foley team representing the client in this victory was of counsel Jake May and partner Paul Storm, with translation support from associate Angel Torres.
