Working in the Refugee Immigrant Rights Litigation Clinic, Elizabeth Fitzgerald ’13 Wins Petition for Review in Asylum Case

October 09, 2012

Reversing the decision of the Board of Immigration Appeals, the United States Court of Appeals for the Second Circuit recently granted a petition for review in the asylum case of Amadou Diallo and remanded the case for consideration anew.

The petition was pursued in the federal appellate court by the Law School’s Refugee and Immigrant Rights Litigation Clinic, in partnership with Catholic Charities Immigration Legal Services. One of the Law School’s nine partner clinics, the Refugee and Immigrant Rights Litigation Clinic is led by Adjunct Professors C. Mario Russell and Mark R. von Sternberg, both of Catholic Charities. Under the supervision of senior attorneys, Clinic students represent immigrants – mostly refugees and asylees –in proceedings at the administrative level and in the United States Court of Appeals for the Second and Third Circuits. Students also represent children in Department of Homeland Security custody who were victims of abuse or neglect in their home countries.

The Diallo case presented compelling facts. A native of Guinea and the son of a political activist, Amadou Diallo was 17 years old when government forces came to his family home, arrested him and then detained him for 10 days, all in an attempt to compel his father to turn himself in. Diallo then fled the country under threat of another detention. Arriving in the United States, he was detained for having defective entry documents. After removal proceedings were initiated against him, Diallo was released to a relative, who retained private counsel.

Diallo’s case eventually went to the Board of Immigration Appeals, where it was denied, in part, on the ground that Diallo’s detention and persecution at the hands of Guinea government actors was not based on his political beliefs or social group. Catholic Charities took the case on at that point, filing a petition for review with the United States Court of Appeals for the Second Circuit.

Assigned to the matter during the 2011-2012 academic year, Refugee and Immigrant Rights Clinic student Elizabeth Fitzgerald ’13 submitted two legal briefs on the case. Through her submissions to the Second Circuit, Fitzgerald successfully proved that Diallo belonged to the social group of his "nuclear family," that the conduct of the government in Guinee was traditional cherchez-la-famille persecution and that the government had imputed a political opinion to him. With this victory, Diallo’s asylum case will now go back to the Board of Immigration Appeals to issue a decision consistent with the Court’s instruction.

“We are delighted with this decision by the Second Circuit Court of Appeals,” said Professor Russell. “Elizabeth Fitzgerald took on the complex research and writing challenge without hesitation because she understood that the case involved core issues about how children asylum claims must be considered. This case shows the change that a legal clinic can effect in the life of an individual, the important role it plays in advancing a principle of international human rights and the emerging place it has in ensuring that adjudicators and judges consider facts carefully and apply the law fairly.”

Reflecting on her clinic and court experience, Fitzgerald said: “I am so happy that I was able to make such a drastic difference in the client's life, and hopefully in the lives of others who will be able to rely on the Second Circuit's decision in the future. I put a lot of time and effort into researching and drafting the briefs, and I am so happy that my efforts paid off. I am extremely grateful that I was able to participate in the Refugee and Immigrant Rights Litigation Clinic, and I would recommend that every single St. John’s law student participate in a clinic. It is an irreplaceable experience. This success is something that I will carry with me throughout my entire legal career."