Precedent Asylum Case in the Third Circuit

The outcome of a case in litigation for over 7 years, including two decisions at the Third Circuit Court of Appeals, will impact young men fleeing life-threatening violence by Central America gangs. HIAS Pennsylvania has been at the forefront of this groundbreaking case, with our senior staff attorney Ayodele Gansallo, working in collaboration with lead counsel Martin Duffey, a partner at Cozen O’Connor, who handled the matter pro bono.

Mauricio Valdiviezo–Galdamez, a young asylum seeker fled Honduras 8 years ago where he was being persecuted because he refused to join in a gang involved in violent and criminal activities. The immigration judge who heard his case applied the wrong standard when she determined that he had failed to demonstrate that the authorities were unwilling to protect him, when in fact the test is to show that the authorities are either unable or unwilling to provide protection. In a 2007 precedential decision, the United States Court of Appeal for the Third Circuit held that “young Honduran men who have been actively recruited by gangs and who have refused to join the gangs” could constitute a social group, but declined to decide in the particular case whether in fact one existed, leaving it for the Board of Immigration Appeals to decide.  The Board of Immigration Appeals denied asylum, and a second appeal was filed.  On November 8, 2011 the Third Circuit questioned the Board of Immigration Appeals interpretation of the need for those threatened by violence to be “socially visible.” and sent the case back to the BIA for a third time.  The United Nations High Commissioner for Refugees (UNHCR) submitted an amicus brief supporting our client.   The case is being followed nationally and internationally.  The case is Valdiviezo-Galdamez v. Attorney General of the US, 08-4564. Click to read the opinion