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Simpson Thacher, along with co-counsel from the Catholic Legal Immigration Network (“CLINIC”), successfully represented a mother and her child in a pro bono matter before the U.S. Court of Appeals for the Fourth Circuit, vacating a decision from the Board of Immigration Appeals ordering they be removed from the United States.

Our client fled from El Salvador to the United States with her young son following gang-related violence, torture and an abduction because her partner and father of her child was believed to be associated with a rival gang. The gang had also killed her father, her partner and his aunt. The Firm represented our client and her child before the Immigration Court and the Board of Immigration Appeals. The Immigration Judge refused to recognize family members of our client’s partner as a protected group under asylum law. The Board of Immigration Appeals (“BIA”) affirmed the Immigration Judge’s decision, citing to decisions from the Attorneys General that restrictively interpret asylum law. Simpson Thacher and CLINIC appealed the BIA’s decision to the U.S. Court of Appeals for the Fourth Circuit. After reviewing the arguments and being faced with a precedent-setting loss, the U.S. Department of Justice agreed not to defend the case, and the Fourth Circuit vacated the BIA’s decision. The Fourth Circuit’s order remanding the case mandates that the BIA reconsider the issue of whether our client’s family status is a protected ground under asylum law. The victory provides the our client with a new chance to prove her claim for asylum with a stronger likelihood of success.

The Simpson Thacher team included Abram Ellis, Adrienne Baxley, Tomi Mendel, Andrew Jensen and Kate O’Neill.