"Mintz Levin's diligent work on behalf of this traumatized client has given him a fresh start. Thanks to their efforts, he is now safe in the United States and on a path toward US citizenship."

Lori Adams
Managing Attorney (NY)
Human Rights First

“This challenging asylum case involved considerable preparation and teamwork. I'm proud to have collaborated with my colleagues at the firm and at Human Rights First to achieve this life-changing outcome for our client.”

Todd Rosenbaum
Attorney
Mintz Levin

Abuse Survivor Beats the Odds and Prevails

When police officers in Peru saw "Adolfo" and his male partner hand in hand in the park after a game of volleyball, they drove the young men to a remote location against their will and beat and sexually assaulted them. This was the culmination of many years of physical and psychological abuse Adolfo endured from strangers, classmates, and his father and brother. Although Peru's laws and machismo culture are evolving, gay men and boys are subject to attack, and there's nowhere to turn when it happens. "Police take part, and the government turns a blind eye," Mintz Levin's Todd Rosenbaum says.

Human Rights First, an international advocacy organization, referred Adolfo's case to the firm after his application for asylum was denied and he was placed in removal proceedings. Although Adolfo's application was strong, he hadn't filed it in the required time frame — within a year of his last entry into the United States. Now Adolfo would need to go before an immigration judge and demonstrate that he qualified for one of two narrow exceptions. It didn't help that he had missed the deadline by at least four years.

Todd and attorney John Sefick, then first-year associates, started working with Adolfo in January 2012, and met with him several times to understand his story. Adolfo spoke some English but found it easier to provide the details of his trauma in Spanish. Anthony Arias, a former project analyst at the firm, served as his interpreter, allowing Adolfo to describe his ordeal and reveal his severe emotional, physical, and psychological scars. With no access to therapy or medication when he arrived in the United States, he'd had a hard time functioning and was too traumatized to file his application.

To build a strong case, Todd and John consulted with Human Rights First attorney Lori Adams and Mintz Levin's Muriel Liberto. They also conducted interviews, drafted affidavits, and secured other evidence to corroborate Adolfo's story of persecution and confirm his trauma, even accompanying him to a forensic medical examination. Anthony and former project analyst Carly Newhouse organized the case materials, Muriel assisted with drafting the brief and with supporting materials, and Narges Kakalia — an experienced litigator — offered advice.

At the start of the hearing, the judge noted that proving Adolfo qualified for an exception to the one-year rule would be an uphill battle. But Adolfo's sincere testimony moved everyone present. His partner's testimony, testimony from a doctor who treats torture victims, and written testimony from a psychiatric nurse supported Adolfo's story of abuse and survival.

The judge granted asylum, and later congratulated the team on their case presentation.

Today Adolfo feels a great weight has been lifted. He will be eligible to apply for permanent US residency in December 2015.