Case Story: The Difference Representation Can Make
Amin, a national of Sudan, fled his
homeland after he was arrested and
tortured for his involvement in a
democratic party opposed to the
government. Amin fled from Sudan to
the United States, where he hoped to
join his sister (who had previously been
granted political asylum) and his brother,
a lawful permanent resident of the
United States. At the U.S. border he
immediately stated that he wished to
request asylum.
Officials detained him in a large
immigration service processing center in
New York state and placed him in
removal proceedings.
Amin was unable to secure legal
counsel for his removal hearing before
an Immigration Judge.
Without counsel, Amin had an uphill
battle. He had minimal knowledge of the
legal standards he had to meet in order
to prove his asylum claim. In addition,
he had no access to supporting
documentation.
homeland after he was arrested and
tortured for his involvement in a
democratic party opposed to the
government. Amin fled from Sudan to
the United States, where he hoped to
join his sister (who had previously been
granted political asylum) and his brother,
a lawful permanent resident of the
United States. At the U.S. border he
immediately stated that he wished to
request asylum.
Officials detained him in a large
immigration service processing center in
New York state and placed him in
removal proceedings.
Amin was unable to secure legal
counsel for his removal hearing before
an Immigration Judge.
Without counsel, Amin had an uphill
battle. He had minimal knowledge of the
legal standards he had to meet in order
to prove his asylum claim. In addition,
he had no access to supporting
documentation.
The Immigration Judge denied his
asylum request, finding that Amin (1) had
not suffered past persecution, (2) was
not credible because his written asylum
application and oral testimony differed,
(3) failed to corroborate his claim
through testimony or affidavits of his
siblings, and (4) feared returning to
Sudan because of its mandatory military
conscription.
Amin appealed this decision to the
Board of Immigration Appeals. At this
time, his case was identified by the BIA
Project. CLINIC referred the case to
Anna Pohl, an attorney with Mehri &
Skalet, PLLC in Washington, D.C. She
worked on Amin’s case with Emily
Bradford, a third year law student at the
George Washington University Law
School.
As a result of their representation before
the BIA, the Board disagreed with the
Immigration Judge on all of his findings.
In an extremely rare decision, the BIA
sustained Amin’s appeal, and granted
him asylum. This was possible only
because of the excellent brief filed by
Amin’s pro bono attorney. The brief
articulated the relevant standards and
case law, something he could not have
done on his own.
Amin was released shortly after the BIA
issued its decision. He was finally
reunited with his family.
asylum request, finding that Amin (1) had
not suffered past persecution, (2) was
not credible because his written asylum
application and oral testimony differed,
(3) failed to corroborate his claim
through testimony or affidavits of his
siblings, and (4) feared returning to
Sudan because of its mandatory military
conscription.
Amin appealed this decision to the
Board of Immigration Appeals. At this
time, his case was identified by the BIA
Project. CLINIC referred the case to
Anna Pohl, an attorney with Mehri &
Skalet, PLLC in Washington, D.C. She
worked on Amin’s case with Emily
Bradford, a third year law student at the
George Washington University Law
School.
As a result of their representation before
the BIA, the Board disagreed with the
Immigration Judge on all of his findings.
In an extremely rare decision, the BIA
sustained Amin’s appeal, and granted
him asylum. This was possible only
because of the excellent brief filed by
Amin’s pro bono attorney. The brief
articulated the relevant standards and
case law, something he could not have
done on his own.
Amin was released shortly after the BIA
issued its decision. He was finally
reunited with his family.
A detained immigrant receives advice from an
attorney providing a pro bono consultation, while
another waits his turn.
attorney providing a pro bono consultation, while
another waits his turn.
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