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Learn how our immigration attorneys helped a Somali refugee reopen his deportation case, challenge unlawful detention, and obtain asylum nearly 20 years after arriving in the United States.
For many individuals seeking protection in the United States, the path to asylum can be long and complex. For our client, Selim, it took nearly two decades.
After fleeing the civil war in Somalia as a child, surviving as a refugee in Kenya, and arriving alone in the United States as a teenager, Selim faced years of immigration uncertainty before finally being granted political asylum.
Through a legal strategy that included federal litigation, a successful appeal before the Board of Immigration Appeals (BIA), and years of preparation, our attorneys succeeded in having his case reopened and ultimately secured the protection he deserved under U.S. immigration law.
Fleeing the Civil War in Somalia
Selim was only five years old when the civil war in Somalia destroyed his family’s stability and changed his life forever.
The armed conflict resulted in the death of his father and forced his family to flee their home.
Like thousands of Somali refugees, his mother and four sisters first sought refuge in the Dadaab refugee camp in Kenya and later settled in Eastleigh, a community near Nairobi with a large Somali refugee population.
Life was extremely difficult. Selim had no access to formal education and also lived with a physical disability. As an undocumented refugee, he lived without identification documents, security, or clear prospects for the future.
Arriving in the United States Without Family or Documents
In August 1999, while still a minor, Selim arrived in the United States.
As is common for many refugees escaping extreme circumstances, he did not possess a passport or personal identity documents.
The individuals who arranged his journey-maintained control of the documents used to enter the country. Upon arriving in Washington, D.C., he was left alone at a mosque, without family, financial resources, or the ability to speak English.
Fortunately, members of his religious community took him in and provided support as he began building a new life.
Initial Asylum Application and Deportation Proceedings
With the help of his community, Selim filed an application for asylum.
His story was found to be credible and compelling. However, a significant legal issue arose. Because he could not establish the exact date he entered the United States, the asylum officer concluded that he could not prove whether he had filed his application within the statutory deadline.
As a result, his case was referred to Immigration Court, and deportation proceedings were initiated against him.
The Court Found Him Credible but Did Not Grant Asylum
When Selim finally appeared before an immigration judge, he presented his case honestly and consistently. The judge found his testimony credible and acknowledged the difficult circumstances he had endured.
However, the court concluded that he did not meet the technical requirements for asylum because of the lack of evidence regarding his exact date of entry into the United States.
Although he was not granted asylum, he was allowed to remain in the United States and received employment authorization.
For the first time in his life, Selim had an official document, a Social Security number, and an opportunity to build a future.
Building a Life in the United States
Rather than giving up, Selim made the most of the opportunities available to him. He learned English, continued his education, and eventually earned a college degree.
He secured employment as a professional researcher, started a family, and built a stable life with his wife and children.
For years, he believed he had finally found the security he had been seeking since childhood.
A Shocking Immigration Detention Years Later
Nearly eight years after his immigration hearing, immigration officers arrived at his home.
The officers claimed that there was a deportation order against him.
Although he was later released and allowed to return to his family, authorities placed an electronic ankle monitor on him and kept him under continuous supervision.
The threat of deportation had returned.
FitzGerald Law Company Discovers a Critical Error
Selim was referred to FitzGerald Law Company for legal assistance. After carefully reviewing the record, attorney Desmond FitzGerald discovered a fundamental problem.
The alleged deportation order had never been signed by the immigration judge.
As a result, the legal basis used to justify the government’s actions was defective.
Federal Lawsuit Challenging Unlawful Detention
To protect Selim’s rights, attorney FitzGerald filed a Petition for Writ of Habeas Corpus in Federal Court.
This legal remedy allows individuals to challenge unlawful detention.
Although the government argued that Selim was not detained because he had been physically released, our legal team maintained that mandatory electronic monitoring constituted a significant restriction on his liberty.
The federal action allowed us to challenge the legality of the measures imposed by immigration authorities.
Successful Appeal Before the Board of Immigration Appeals (BIA)
At the same time, our attorneys filed an appeal with the Board of Immigration Appeals (BIA). The appeal demonstrated that Selim was still a minor when he originally filed his asylum application.
Under the law applicable at that time, minors were not required to prove their exact date of entry in order to satisfy the timely filing requirement. The BIA agreed. The Board ordered the case reopened and remanded it to Immigration Court for proper reconsideration of the asylum application.
Shortly thereafter, the electronic ankle monitor was removed.
The Final Challenge: Proving His Age Without Official Documents
Despite the reopening of the case, a significant challenge remained. Selim had no birth certificate, school records, or official documents establishing his age.
The war had destroyed much of the documentation belonging to his family and community.
Our attorneys developed a legal strategy based on the law that existed when he originally filed his asylum application. Because the case began before the enactment of the REAL ID Act of 2005, credible testimony could be sufficient to establish certain essential elements of the claim.
Years of Preparation for the Final Hearing
Over several years, Selim worked closely with the attorneys and staff at FitzGerald Law Company to prepare his case.
He attended multiple hearings in Tennessee while continuing to work and support his family.
Despite the challenges, he never stopped fighting for the protection he had sought since arriving in the United States.
After 20 Years, Justice Finally Arrived
Finally, in the spring of 2019, nearly twenty years after arriving in the United States and filing his asylum application, Selim had the opportunity to have his case properly evaluated under the applicable law.
His testimony was found not only credible but also compelling. The Immigration Court and government attorneys agreed with the legal arguments presented by our team.
Results Achieved in This Asylum Case
- Deportation case reopened
- Electronic ankle monitor removed
- Successful BIA appeal
- Asylum application reconsidered
- Political asylum granted
After decades of uncertainty, Selim finally obtained the legal protection he had sought since he was a child refugee.
Experienced Immigration Lawyers for Complex Asylum and Deportation Cases
The immigration attorneys at FitzGerald Law Company have extensive experience representing individuals in complex immigration matters involving:
- Asylum applications
- BIA appeals
- Motions to reopen immigration cases
- Deportation defense
- Federal immigration litigation
- Immigration Court proceedings
If you or a family member is facing an immigration issue, our team can evaluate your legal options and help you develop an effective strategy for your case.
Call at (617) 303-2600 to schedule an initial consultation with one of our immigration attorneys.
