Entre Hermanos recently had a monumental victory for one of our earliest legal program clients, “Junior.”
Junior identifies as a male and fled from his home country in Central America after experiencing horrific violence and persecution due to his gender identity and his relationship his female partner.
Having escaped his home country, he was victimized again in Mexico, where he was kidnapped for months and held for ransom, which his family was unable to pay. At great risk to his life, he eventually escaped and made his way to the Mexico/US border. Though he was finally able to make it to the border and cross, he entered after the arbitrary July 19, 2019 deadline set by the Trump administration, which would cause problems for him in seeking asylum.
When we first met Junior in December of 2019, he was still detained at the Northwest ICE Processing Center in Tacoma. He was being held in a female pod, and was receiving inadequate medical care. Northwest Immigrant Rights Project had done an intake for him, and referred his case to us because they knew we specialized in helping LGBTQ Latino immigrants.
Entre Hermanos attorneys were some of the first people in the United States to speak to Junior using his preferred name and pronouns. Our attorney Kelsey was able to help him prepare his case in time for his January 2020 hearing, and also able to help him in more human ways, such as providing a paper printout of photos sent to him by his partner.
At his asylum hearing, which occurred while he was still detained in in the “female” quarters of the NWIPC in Tacoma, the Judge found him statutorily ineligible for asylum based on the Trump regulation that was being enforced at the time. The Immigration Judge was unwilling to consider the theory that his kidnapping ordeal constituted “trafficking” under the narrow exception.
Junior was faced with an impossible choice: accept a lesser form of relief called “Withholding of Removal,” which would mean he could never adjust status or become a citizen, and could never petition for his partner of almost a decade, or remain detained indefinitely while attempting a risky appeal to the BIA, which is known for very seldom granting relief to immigrants who have been denied relief by an Immigration Judge.
Tearfully, client and lawyers eventually agreed that it was safest for him to get out of the detention environment, which was detrimental to his mental health and safety, and accept Withholding of Removal, which would at least allow him to obtain a work permit and remain in the United States. Though the victory was bittersweet, Junior was relieved to be out of detention.
While his attorney started the process for Junior to get a work permit, Entre Hermanos and the LGBTQ Immigrant Coalition were able to connect Junior with a host family to help him transition into living in the United States. Entre Hermanos’ trans peer navigator was also able to connect him with options for hormone treatment and gender-affirming clothing.
As months passed, we agonized over whether to risk a motion to reopen the case, knowing that each client only has one chance to do so, regardless of how many factors may have changed.
Nearly a year after the original asylum hearing, a California court ordered a stay of execution of the regulation, saying that it could not be validly applied to asylum-seekers like Junior. Al Otro Lado, et al., v. Gaynor, 17-cv-02366-BAS-KSC (S.D.Cal January 18, 2021).
Finally, in February of 2021, we got a notice from the court. Not only had the Judge agreed with us that the Al Otro Lado stay of execution applied to Junior, she had reopened his case sua sponte (of her own accord) and granted asylum!
When Kelsey called Junior to let him know the wonderful news, neither she nor he could properly breathe or speak, and both ended up crying.
Junior now has a path to stay in the United States forever, and can eventually become a legal permanent resident and one day a citizen. Furthermore, he can one day marry his partner and file a petition allowing her to join him in the United States, where both will be safe from the gender-based and sexual orientation-based persecution they faced in their home country.
Junior is currently living independently with his rescue dog (Mia) and working with his work permit as he prepares to get a court-ordered name change to better reflect his identity. He has found a local queer community and is ecstatic to be living in a community where he can be accepted. When he is eligible, his attorneys at Entre Hermanos plan to help him apply to adjust status to become a Legal Permanent Resident.
Huge thanks to our colleagues at Al Otro Lado for their tireless work on the lawsuit that made this outcome possible, and Congratulations, Junior!
