November saw the BKC win an important case, begun in July of 2007 for a juvenile from El Salvador. This client had been detained and separated from his sister when they entered the United States almost 4 years ago. Due to a fear of persecution, the BKC filed an asylum claim on behalf of the client, which was denied by the immigration judge. While on appeal, the William Wilberforce Trafficking Victims Protection Reauthorization Act (TVPRA) took effect, offering additional protections to juvenile asylum seekers and clarifying/expanding the definition of a “Special Immigrant Juvenile” set forth in the federal statutes to protect abused/abandoned/neglected minors. Based on this change in law, two important things happened. The first was that the client fit into the expanded definition of “Special Immigrant Juvenile”, opening the possibility for this new avenue of relief. Second, the Board of Immigration Appeals remanded the asylum case so that it could be reviewed by the Houston Asylum Office under the provisions of the TVPRA. Thanks to the Pro Bono efforts of Marlon A. Valladares, Esq., the BKC successfully completed the Special Immigrant Juvenile petition rendering the asylum case moot. We are pleased to announce that, in November, the Immigration Judge granted residency to this client bringing to a close his 4-year odyssey. He is currently in high school, and hopes to graduate in 2011.

December spotlights another important juvenile victory for the BKC, begun in October of 2007. This client had entered the country when he was 14 in the company of a smuggler, who lied to immigration officials claiming the child was his younger brother. The child then went to live with his mother, who rejected him when she discovered he was gay. The BKC investigated the court proceedings, and discovered that this child had been ordered deported for missing a court hearing (the court had served documentation on the smuggler). The BKC filed a Motion to Reopen the proceedings, which was opposed by Immigration and Customs Enforcement and denied by the Immigration Judge. The BKC appealed the denial, arguing among other things improper service, equitable tolling, and ineffective assistance. Victoria Neilson, Legal Director for Immigration Equality, a national organization uniquely positioned to address asylum issues on relating to sexual orientation, transgender identity, or HIV-status, appeared amicus curiae on the case. The BKC further asked the Board of Immigration Appeals to take notice of the federal court decision in Llanos-Fernandez v. Mukasey, requiring the BIA to issue a precedent decision to address the reasonableness of the age cutoff for service at fourteen. The BIA ultimately reopened and remanded our case, where the client finally was able to present his claim for asylum to the Immigration Judge. In December, the immigration Judge granted asylum to this client from Honduras.

The BKC congratulates both of these youth on successfully completing their immigration cases, and would like to thank both Marlon Valladares and Victoria Neilson for their assistance.