Witnessing Justice: Transgender Woman Granted Asylum in Baltimore by FOBR Liz Keyes

22 Nov

This is a guest post by FOBR Liz Keyes, who direct the Immigrant Rights Clinic at the University of Baltimore.

Today was a beautiful day in Baltimore immigration court. A young woman from Honduras, born male but always feeling female inside, won asylum after suffering relentless torment from her earliest days until she fled at age 17. Everyone she ever knew in Honduras treated her with cruelty, from the teachers who brutally punished her, to the classmates hurling slurs, to her father who beat her viciously, and her sister who attacked with her with a machete when she saw our client wearing girl’s clothes. The brutality escalated the older she got, and after being attacked with knives and a gun by homophobic gang members, she finally fled, deeply traumatized by her experience. She knew nothing of asylum in the United States, and did not apply within one year, as the law requires. When she came to the attention of immigration authorities in New Jersey, she was placed in detention for months–and the wonderful non-profit Immigration Equality found her there, filed an initial asylum application for her, and got her out of immigration detention.

Since she had friends in Maryland, she moved here and became a client of the University of Baltimore School of Law Immigrant Rights Clinic. We assigned her case to a second year law student, Jose Perez, who threw himself into the case, interviewing our client many times, finding a psychologist through Physicians for Human Rights who could provide an evaluation of our client’s level of trauma, and developing an extraordinarily comprehensive set of evidence corroborating exactly how bad life was for transgendered individuals in Honduras, as well as a compelling legal brief addressing the complications of the case. Jose could have handed off his work to another student this fall, but he wanted to stay on and see it through–even knowing that his firstborn child was due three weeks before the hearing date.

Today, his work and commitment paid off.

As a clinical teacher, it is hard to let a student stand in the well of the court alone, even when you know how prepared they are. The burden feels too great, and I well remember being in the same position twice as a law student. But he had done his preparation, and as he said in a last email to me last night, “LET’S DO THIS THING.”

So he did. And it went so well that I felt bewildered. Grateful and moved, but bewildered. First, the attorney for the government let him know it was a strong case, and he only had a few reservations. Then the judge said that because the written application was so extensive and detailed, we could skip over much of our planned testimony. Jose asked a few questions about our client’s childhood experiences, eliciting some tremendous emotion, after which he simply asked her if her statement in the record was truthful and correct. She said yes, and Jose moved quickly through remaining issues, including what the client’s hopes were for her life here. This question finally elicited a small smile, as she said she hoped she could marry some day and adopt a child. She spoke of how she wanted to study and work, if the court was kind enough to grant her status here.

And when the government assured the Judge that it had no opposition to asylum, the Judge issued her opinion, welcomed our client to America, and said, “America is grateful you are here.”

The words stunned me. And perhaps I misheard. I tend to prepare for the worst, and imagine every way a case could go off track. So I was already disoriented by how well everything had gone. But this is what I heard, and these words moved me deeply. They seemed to create a perfect symmetry: this young woman who had known nothing but suffering and rejection for the first 17 years of her life, was being accorded respect and welcome by our government, by every single individual in that courtroom.

I know that life for transgender people in the United States remains dangerous and difficult. But this morning was a beautiful, inspiring measure of how far our society has moved toward tolerance and acceptance. The child who had been so unloved was finally welcomed, and not one person this morning stood in the way of that just outcome.

For our client, today meant safety, and the promise that she could start building the life she dreamed of, free from fear of returning to a country where she would likely be killed for being herself.

For my student, it was a beautiful reminder of why he had come to law school, and why he wants to be an immigration lawyer.

And for me, it was a much needed reminder of what justice can look like. It was a privilege to be in that court this morning to observe justice in action. May it always be so. La lucha sigue.

One Response to “Witnessing Justice: Transgender Woman Granted Asylum in Baltimore by FOBR Liz Keyes”

  1. WCL Clinic Blog November 22, 2013 at 3:06 pm #

    Reblogged this on Be The Lawyer and commented:
    Wonderful blog post featuring former Immigrant Justice Practitioner in Residence, Liz Keyes. Liz now directs the Immigrant Rights Clinic at the University of Baltimore School of Law. Kudos to Liz and her students!

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