A gay man from Guatemala who was violently attacked by police in his home country because of his sexual orientation will not be deported from the United States, thanks to legal help from Simpson Thacher and the American Bar Association’s South Texas Pro Bono Asylum Representation Project (ProBAR). On April 7, a judge granted immigration relief to the man who was seeking refuge in the United States after escaping persecution from his home country in Central America.
Growing up, the man had been subjected to severe, recurrent violence because of his sexual orientation. Upon his arrival in the United States, he was held in in overcrowded-temporary housing for 39 days without access to a toothbrush or a shower before being moved to a detention center near the Mexican border, where he was detained for just under a year prior to the court ruling.
In filings and over the course of four separate hearings, including three appearances in Immigration Court and a final hearing argued telephonically due to COVID-19, Simpson Thacher and ProBAR demonstrated that the man had suffered past persecution because of his sexual orientation and that deportation to his native country would threaten his life or liberty. The team also demonstrated that conditions in his home country are hostile to LGBT individuals, and that he would likely be subject to further persecution if he were deported.
Simpson Thacher Partner Brooke Cucinella said, “We are incredibly grateful to the Court for recognizing the past persecution our client had suffered, and granting his application to try and live his life free from fear and violence here in the United States. I have done a lot of pro bono and public service work in my life, but getting this young man out of detention with legal status is one of the most rewarding moments of my legal career.”
“I strongly believe in the power of pro bono, of volunteering to help people in need. The ABA thanks Simpson Thacher for its important work. The need for pro bono attorneys is especially great today, during these very difficult times. The ABA urges all lawyers to give back to their communities,” said Judy Perry Martinez, President of the American Bar Association.
The Simpson Thacher team included Partner Brooke Cucinella and Associates Joshua Bernard and Daniel Owsley.