Major Federal Litigation

Published Second Circuit Asylum Cases

Hernandez-Chacon v. Barr, 948 F.3d 94 (2d Cir. 2020)

Argued and Briefed by Heather Axford

The Second Circuit granted the Petition for Review from the IJ’s denial of Ms. Hernandez Chacon’s application for asylum. Where Ms. Hernandez-Chacon’s resistance to the sexual advances of a gang member violated entrenched patriarchal and gang-hegemony power structures in El Salvador, the Board erred in finding that her subsequent persecution by gang members was not on account of her imputed political opinion.

Garcia-Aranda v. Garland, 53 F.4th 752 (2d Cir. 2022)

Argued by Heather Axford. Briefed by Paola Donovan. Amicus by NYIFUP.

The Second Circuit granted the Petition for Review from the IJ’s denial of protection under the Convention against Torture. The Second Circuit found that the BIA “fatally erred” in its decision denying CAT, as it should have analyzed whether “any member” of the local police acting under color of law would participate or acquiesce in the torture of Respondents. The Court clarified that there is no “rogue officer” exception to government acquiescence for purposes of CAT protection.

Castro v. Holder, 597 F.3d 93 (2d. Cir 2010)

Argued by Anne Pilsbury. Briefed by Heather Axford and Miwako Dai.

The Second Circuit granted the Petition for Review from the IJ’s denial of asylum for Mr. Rodas-Castro, where the Court had found that the applicant’s act of reporting official corruption did not constitute a political opinion. The Second Circuit found that the Court had failed to properly consider the relevant context in which Mr. Rodas-Castro’s claim arose, and in doing so, misconstrued the concept of political opposition. The Second Circuit reminded adjudicators to engage in the necessary “complex and contextual factual inquiry” into the country’s political context when it comes to analyzing political opinion claims.

Jorge-Tzoc v. Gonzales, 435 F.3d 146 (2d Cir. 2006)

Argued and briefed by Anne Pilsbury

The Second Circuit held that in determining whether past incidents of harm faced by a child rise to the level of persecution, these must be considered from the perspective of a small child. The Second Circuit remanded where the Court failed to consider significant evidence and address the harms the minor child and his parents suffered cumulatively and from the perspective of a seven-year-old child.

Secaida-Rosales V. INS, 331 F.3d 297 (2d Cir. 2003)

Argued by Anne Pilsbury. Briefed by Anne Pilsbury and Lisa Reiner.

Remanding proceedings where the Court applied an overly stringent standard as to their corroboration burden and the adverse credibility finding based on perceived implausibilities was not supported by the evidence in the record.

Alvarado-Carillo v. INS, 251 F.3d 44 (2d Cir. 2001)

Argued by Anne Pilsbury. Briefed by Amelia Shogan.

The Second Circuit remanded proceedings where the BIA had inaccurately characterized applicant’s testimony as “vague” and erroneously found that he had failed to adequately corroborate his claim.

Sotelo-Aquije v. Slattery, 62 F.3d 54 (2d Cir. 1995) & 17 F.3d 33 (2d Cir. 1994)

Argued and briefed by Anne Pilsbury.

The Second Circuit reversed Peruvian man’s denial of asylum and remanded for further proceedings where the record compelled the conclusion that applicant had a well-founded fear of future persecution on account of his political opposition to the Shining Path. 

Subsequent Circuit decision granted attorney’s fees.

Osorio v. INS, 18 F.3d 1017 (2d Cir. 1994)

Argued and briefed by Anne Pilsbury. Amici by Lawyers Committee for Human Rights and EGLI International.

The Second Circuit found that the Court and BIA had erred in denying Mr. Osorio asylum where they had failed to consider the political context in which Mr. Osorio’s persecution takes place. I The Second Circuit further reminded adjudicators that they must avoid an “impoverished view” of what may constitute a political opinion.

Additional cases

Cotzojay v. Holder, 725 F.3d 172 (2d Cir. 2013)

Argued by Heather Axford. Briefed by Anne Pilsbury and Alexandra Goncalves-Pena.

The Second Circuit found that a warrantless home raid in the middle of the night constituted an egregious Fourth Amendment violation, justifying exclusion of all evidence of alienage obtained through ICE’s unlawful behavior. The Second Circuit further found that physical injury is not required to establish egregious conduct.

Pretzantzin v. Holder, 725 F.3d 161 (2d Cir. 2013)

Argued by Anne Pilsbury. Briefed by Heather Axford. Amicus by ACLU.

Where the BIA held that Petitioners’ birth certificates constituted independent evidence of alienage as they’d been obtained through the use of Petitioners’ “insuppressible identities,” the Second Circuit remanded as the Government failed to proffer adequate evidence to show that it had relied on Petitioners’ names alone in securing such proof of alienage. The Second Circuit remanded for the BIA to analyze whether such evidence was obtained in the course of committing egregious Fourth Amendment violations.

Blanco v. INS, 68 F.3d 642 (2d Cir. 1995)

Argued and briefed by Anne Pilsbury. Amici by ACLU.

The Second Circuit found that reopening of proceedings was proper and remanded proceedings to the Immigration Judge for a hearing to consider an application for suspension of deportation. The Second Circuit held that the BIA had abused its discretion in deciding the applicant had failed to make a prima facie showing of “extreme hardship” as required for suspension of deportation.    

Campos v. Nail, 940 F.2d 495 (9th Cir. 1991) & 43 F.3d 1285 (9th Cir. 1994)

Argued and briefed by Anne Pilsbury.

Class action on behalf of Salvadoran and Guatemalan applicants filed against Immigration Judge for systematically denying all changes of venue made by asylum-seekers.