Pro Bono Spotlight: Making Waves at the 10th Circuit
Every year RMIAN’s dedicated network of pro bono attorneys expands RMIAN’s impact and ensures legal services for hundreds of immigrant children, families, and detained individuals. Recently, the 10th Circuit issued two published decisions upholding the rights of asylum-seekers and immigrants in removal proceedings. In both cases, the individuals were represented by RMIAN attorneys in their initial proceedings and were connected with representation for their petitions for review through RMIAN’s pro bono program.
Mr. Villegas-Castro is from Mexico and sought fear-based relief and cancellation of removal before the Immigration Judge (IJ). The IJ granted cancellation of removal but denied fear-based relief. The Department of Homeland Security (DHS) appealed this ruling, and upon appeal, his case was sent back to the IJ. Mr. Villegas-Castro was able to amend and supplement his asylum application, which was ultimately granted. However, DHS again appealed this decision and the Board of Immigration Appeals (BIA) not only reversed the decision granting Mr. Villegas-Castro asylum but entered a final order of removal. In the face of this grave injustice, Mr. Villegas-Castro was represented by the National Immigrant Justice Center (NIJC) and pro bono counsel in a petition for review before the 10th Circuit. Through their fierce advocacy, the 10th Circuit ruled in favor of Mr. Villegas-Castro on all counts, granting his petition for review and sending his case back to the BIA. This decision is a remarkable victory for Mr. Villegas-Castro, who is now on a pathway to remain in the United States with his family, and sets powerful precedents for immigrants in removal proceedings in the 10th Circuit.
In January 2021, Mr. Takwi, a Cameroonian asylum seeker fleeing persecution, was rousted from his bed at the Aurora ICE Processing Center in the middle of the night and transferred to a facility in Louisiana. Here was told he would be sent back to Cameroon along with other refugees on what journalists would call a “death flight”. In the eleventh hour, the 10th Circuit granted Mr. Takwi an emergency stay of deportation, allowing him to remain in the United States until his petition could be heard. This month, a year after Mr. Takwi was almost forced to return to a country where his life is in danger, he received a favorable decision from the 10th Circuit. In a unanimous decision, the 10th Circuit granted Mr. Takwi’s petition for review and ordered the BIA to revisit its decision denying him all relief. This decision revives Mr. Takwi’s opportunity to seek relief and sets an incredibly helpful precedent where similar issues are presented.
Congratulations to Mr. Villegas-Castro and Mr. Takwi, whose resilience in the face of injustice inspires us to keep fighting, and to their pro bono counsel for their tireless efforts. These victories would not have been possible without you.