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Unpub. BIA PSG (Pro Bono) Asylum Victory - Honduran Journalist

October 23, 2015 (1 min read)

Hats off to Kramer Levin pro bono attorney Marsha Sukach, volunteering for the BIA Pro Bono Appeals Project, who scored this 'particular social group' asylum win on appeal:

"[W]e conclude that the respondent has demonstrated he suffered past persecution on account of his membership in a particular social group as a journalist who spoke publicly against narco-traffickers. The respondent submitted evidence to demonstrate that journalists are a socially distinct group within Honduran society, and frequently targets for violence and murder ... As the respondent has demonstrated that he suffered persecution on account of his membership in a particular social group and that the Honduran government was unable or unwilling to protect him, the respondent has demonstrated he qualifies as a refugee as described under the Act. ... We conclude it is unreasonable to expect the respondent, whose family, social and economic ties are all within one region of the country, to relocate within Honduras. ... [W]e conclude that the respondent established eligibility for asylum. Accordingly, we will sustain the respondent's appeal and remand the matter solely for the required security checks." - Matter of X-, Oct. 15, 2015.

[Interested in pro bono appellate work?  "The BIA Pro Bono Appeals Project matches vulnerable immigrants with pro bono counsel to defend their cases before the Board of Immigration Appeals (BIA).  One of the nation's most successful pro bono initiatives, the BIA Project partners with attorneys and law school clinics to provide pro bono legal representation to indigent immigrants. Through a network of committed volunteers, trainers, and mentors, the BIA Project facilitates access to justice, a critical component to safeguarding the rights of vulnerable asylum-seekers and long time lawful permanent residents.  Since the Project’s inception in 2001, it has reviewed over 7,200 appeals cases. The Project's cases regularly result in significant decisions, including favorable, published BIA decisions, as well as Federal and Supreme Court decisions. In a published study, the Department of Justice found that immigrants who had been provided representation through the Project were up to four times more likely to win a favorable decision before the BIA.  For more information, contact CLINIC staff attorney Bradley Jenkins at bjenkins@cliniclegal.org."]