29 Back home in Jamaica, “Darell” was rendered homeless, shot at, beaten, knifed, and even set on fire, all for being gay. Homophobia is pervasive and sanctioned by Jamaican law and society, and openly gay men are routinely tortured or killed. More than 10 years ago, Darell fled Jamaica and moved to the United States. He filed an application for asylum without the help of a lawyer and was denied. His deportation wasn’t enforced until 2011, when Darell came to the attention of Immigration and Customs Enforcement. Through counsel, Darell filed a motion with the Board of Immigration Appeals (BIA) to stay his deportation and reopen his immigration case. One BIA panel, which rules on removal or deportation, rejected Darell’s motion to stay deportation, concluding that his motion to reopen would not succeed. When a second panel considered the motion to reopen, however, it concluded the opposite, and ordered the case reopened. The result of these inconsistent BIA decisions was that Darell won the right to be heard in his asylum case, but was deported before that could happen. To compound the problem, on remand from the BIA, the immigration judge closed the case, claiming that the proceedings were moot in light of Darell’s deportation. Darell’s counsel appealed, but the BIA affirmed the ruling. It seemed Darell was running out of options in the United States. With his life in peril, Darell reached out to Mintz Levin attorneys Narges Kakalia, Terry McMahon, and Andy Nathanson, who filed a petition for review to theThird Circuit Court of Appeals.The court examined the procedural history and noted the bad faith that the BIA had displayed by deporting Darell and then using his involuntary departure as a basis to deny him his day in court. The Third Circuit directed that the case be reopened, which the BIA promptly did. Upon remand again, the judge made no attempt to close the case, but instead scheduled an asylum hearing. Narges and Terry then began the uphill battle of bringing Darell back to the United States to participate in his hearing. Such a post-deportation return is virtually unheard of, and therefore not a single immigration attorney contacted, either inside or outside the firm, could provide advice on how to successfully return a deported client to the country. After rigorous advocacy, the Mintz Levin team finally convinced the government to return Darell to the United States. Then Narges and Terry, assisted by summer associates Rachel Gholston and Daniel Woofter, now associates at the firm, began to prepare Darell for his hearing. In an emotionally fraught moment, Darell’s immigration woes came to a fitting conclusion in 2013 when the judge granted him asylum. The court credited Darell’s success to his attorneys’ creativity, excellent brief-writing, and“very tenacious”lawyering.“Hearing the judge say‘welcome to the United States’ was deeply gratifying and emotionally overwhelming for everyone in the courtroom,”Narges says.“It was particularly rewarding to watch Darell’s face as the significance of that statement dawned on him.” Today Darell lives in safety in the United States and is pursuing his GED. He plans to get certified to teach elementary school. “When I was granted asylum I felt so good inside, knowing that I have the opportunity to live life the way I want. The lawyers at Mintz Levin stood up for me and fought for what is right for my well-being. They never give up! Each and every day,Ithankthemsomuchforbeing there for me.” “Darell” Mintz Levin client Pride of Place