Cravath Secures Win for Asylum Seeker Fleeing Persecution

On October 4, 2023, an immigration judge (IJ) granted asylum to Cravath pro bono client Johanna R., a transgender woman from El Salvador who had been abused by gang members based on her identity.

Cravath began representing Johanna in her application for asylum in May 2019. In advance of a 2020 master calendar hearing, Cravath submitted supportive documentation, including reports from a medical professional indicating that Johanna suffered from severe PTSD caused by her past abuse and from an expert on El Salvador gender issues opining that Johanna was likely to be persecuted if she returned to the country. That hearing was canceled because of the COVID‑19 pandemic, and a merits hearing was not scheduled until October 2023. In the interim, Cravath twice filed work permit renewal applications to allow Johanna to continue to work at a bakery and later at a beauty salon.

During the October 4 hearing, in addition to granting asylum to Johanna, the IJ held that she had been persecuted based on her status as a transgender woman, determined that the Salvadoran police were unwilling to protect her as a member of this group and held that she was a member of the class covered by the 2021 settlement agreement in Mendez Rojas v. Johnson (W.D. Wash.), whereby applicants who were not informed of the one‑year filing deadline while in detention could have their applications deemed timely.

The Cravath team was led by partner Antony L. Ryan and senior discovery attorney James E. Canning.