Four Decades for Justice
On August 30, 2023, Judge Leo A. Finston of the Newark Immigration Court granted asylum to a Cravath pro bono client persecuted by gang members in El Salvador.
Cravath’s client overheard the murder of his neighbors by a Salvadoran gang and, fearing retaliation from the gang, subsequently refused to provide police with information. Even so, he was repeatedly attacked and continued to receive threats to “cooperate with the gang.” He fled El Salvador and arrived at the Texas border in December 2017, turning himself in to United States immigration officials and requesting asylum. He was detained, and Human Rights First represented him before the Immigration Court in Newark, New Jersey.
In September 2018, Judge Finston denied the application for asylum, finding that, while the man was credible and had suffered PTSD from the events in El Salvador, “complaining witnesses against major Salvadoran gangs” were not a “particular social group” for purposes of asylum, and there was not sufficient probability that he would be tortured upon his return to El Salvador. In March 2019, the Board of Immigration Appeals (BIA) dismissed the initial appeal. Cravath became involved at this stage, briefing and arguing the appeal before the Third Circuit Court of Appeals.
On April 17, 2020, the Third Circuit issued a precedential opinion (see related news item here) granting the client’s petition for review, vacating the BIA’s removal order and remanding the case to the BIA for further proceedings. The Court held that “persons who publicly provide assistance against major Salvadoran gangs do constitute a particular social group” for purposes of asylum, and that the BIA erred in denying relief under the Convention Against Torture, finding that “it is clear to us, viewing the record as a whole, that [he] suffered torture”. The Court remanded the case to the BIA, and in December 2021, the BIA remanded the matter to the Newark Immigration Court for further proceedings.
By that time, Cravath’s client was living in hiding in El Salvador, and the Cravath team spent the next year and a half trying to secure his return for a new merits hearing, consistent with the Third Circuit’s opinion.
On July 20, 2023, at a Master Calendar Hearing before Judge Finston, the Cravath team argued the man had a meritorious case and constitutional due process and statutory rights to be present at his merits hearing, but the Department of Homeland Security took the position that it had no obligation to allow him to return. On August 30, 2023, the Cravath team appeared on the client’s behalf at a second Master Calendar Hearing, where Judge Finston found that, in light of the Third Circuit’s opinion and based on the record before him, it was clear the man qualified for asylum and no further proceedings were necessary.
The Cravath team was led by partner Wes Earnhardt and included associates Brian P. Golger and Ana C. Sewell.
Deals & Cases
February 22, 2024
On February 13, 2024, the New York State Appellate Division, First Department, reversed the convictions of Tommy Davis, who was simultaneously prosecuted for two unrelated incidents involving firearms. Cravath represented Mr. Davis on a pro bono basis alongside co‑counsel at the Office of the Appellate Defender.
Deals & Cases
December 28, 2023
On November 28, 2023, the Queens County Criminal Court entered an order on consent resentencing pro bono client A.M. and securing her release. A.M. had been incarcerated since June 2010. She was originally sentenced in June 2011, pursuant to a plea agreement, to a 20‑year determinate sentence plus five years’ post‑release supervision for first‑degree manslaughter after her romantic partner, who had subjected her to severe domestic abuse, killed her former partner, who had sex trafficked her and also subjected her to severe domestic abuse.
Deals & Cases
October 12, 2023
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.
Deals & Cases
September 21, 2023
On September 19, 2023, the U.S. Court of Appeals for the Second Circuit vacated a district court’s order denying class certification to all children who are or will be in the custody of New York City’s foster care system. Cravath, working on a pro bono basis, represents the putative class alongside co‑counsel at A Better Childhood (“ABC”).
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