The Path to Protection: Defending a Haitian Immigrant’s Right to Asylum in America
Asylum provides protection for those fleeing persecution, allowing them to stay in the U.S. Learn how to qualify, the challenges of proving your case, and the vital connection between persecution and protected status.
Freedom of expressing political opinion, a liberty exercised by all citizens of the United States, is often one taken for granted.
Our client, Mr. L, has reminded us of this.
Mr. L, a Haitian National, entered the U.S. through the U.S.- Mexico border in search of protection. However, he was placed in removal proceedings, and thus retained our firm to assist him.
After Mr. L recounted harrowing memories of being persecuted on account of his political opinions, and his fears of what may happen should he return, our firm decided applying for asylum would be the best course of action.
Arguing our client’s fear for their life based on his political opinion.
What is Asylum?
Asylum is a legal protection in the United States that allows individuals to stay in the country instead of being deported to a place where they fear persecution or harm.
It is available to people fleeing their countries due to a well-founded fear of persecution.
To be granted asylum, the applicant must present evidence proving they have either experienced persecution in the past based on a protected ground (such as race, religion, political opinion, nationality, or membership in a particular social group) or have a credible fear of future persecution.
Winning asylum can be challenging as it requires a clear connection, or “nexus,” between the harm suffered and the individual’s protected status.
Our Strategy
In this case, it is vital to present how Mr. L meets the requirements for Asylum on account of his political opinion.
We set up to argue that not only did Mr. L suffer harm in the past, but that he has a well-found fear of future persecution.
The obstacle? The evidence of Mr. L’s persecution was limited, meaning the court would heavily rely on his testimony.
Taking the stand is daunting, however, our team is well equipped to guide and train any client who may face doing so. As is the case with Mr. L, whom we met with and prepared multiple times prior to his hearing.
In support of Mr L’s case, our removal defence attorney, Emmanuella Casimir, prepared a prehearing brief, a legal document submitted by one or both parties before a formal hearing takes place, typically it outlines the key arguments, legal theories, evidence, and facts that the party plans to present during the hearing. It serves to clarify each side’s position, provide relevant background information, and highlight the specific points of contention or law that will be addressed in the upcoming hearing. The goal is to prepare the judge, arbitrator, or hearing officer by presenting a structured summary of the case.
Further, Emmanuelle collected of past judicial decisions made by courts and similar tribunals to present a caselaw favourable to Mr. L’s defence. The strategy being to find previous rulings, in favour of the client, on similar legal issues in the past to serve as precedent for Mr. L’s current legal case.
The case was scheduled for an individual hearing during which time, testimony was taken from Mr. L. Attorney Casimir presented closing arguments reiterating the law and showing how Mr. L meets the requirements for asylum based on political persecution.
Thanks to Attorney Emmanuella Casimir’s skilful preparation and advocacy, Mr. L’s courage in sharing his story was rewarded, and he was granted the protection he sought through asylum.
Ready to take the next step?
Schedule a consultation with our experienced team .
Indera DeMine, Esq
Ms. DeMine is a resident of Southwest Florida and a solo practitioner located in downtown Fort Myers. Ms. DeMine started her immigration law career immediately after graduating Ave Maria School of Law in 2012. She began working for a local firm in Fort Myers, Florida for almost 4 years. As an immigrant herself, Ms. DeMine has always been passionate about Immigration law and welcomed the opportunity to help her clients navigate the often confusing, immigration process.
