Salesian Youth Leader Allowed to Safely Relocate from Ecuador
To each of our clients who persevered, trusted us to handle their claim for protection, and were granted relief last week, congratulations!
Our legal team was successful in presenting a variety of claims before courts in Hartford and New York last week, including persecution on account of race and religion and relief under the Violence Against Women's Act, Special Rule for Cancellation of Removal. Although we do not post or picture every case we won last week, it was full of wins for our clients and our team. We are overwhelmed with gratitude for the results of our work, the bravery of the clients we represent, and ultimately, for the protection granted by our esteemed Judges.
Attorney Daniela Aguila shares the complex nature of the work that goes into preparing, presenting, and arguing our client's claims for relief:
"....Our client is a Salesian Youth Leader in his native country of Ecuador who was persecuted on account of his religious practice and beliefs. The Salesians are an international Roman Catholic religious order composed of priests, nuns, and young people whose mission is to evangelize to those in need from various walks of life. Our client was a member and leader of the Salesian Youth Movement and was responsible for carrying out Salesian education and evangelization in his community. His religious advocacy caught the attention of a local gang who felt their control over the community was threatened when our client began evangelizing to fellow gang members and encouraging them to leave the gangs behind. Our client was kidnapped, beaten, and threatened with death if he continued his efforts in the Salesian Youth Movement. At trial, the Immigration judge found that our client had suffered past persecution on account of his religion and had a well-founded fear of future persecution based on his testimony.
The decision to grant asylum ultimately fell on whether our client could avoid future persecution by relocating to another part of Ecuador. The government argued that the client could safely relocate because the threats he received occurred in 2013 and that his family continues to live in Ecuador without any further persecution by gangs, thus, there had been a change in circumstances. The judge found that the government did not meet its burden by demonstrating that there has been a fundamental change in circumstances in Ecuador, citing various reports that gangs are pervasive across Ecuador, often target religious leaders, and the government of Ecuador is both unable and unwilling to protect religious members like him. In addition, the immigration judge found that members of his family remaining in Ecuador were not similarly situated to him. The judge noted our client’s testimony that although his family had internally relocated and continued to live in Ecuador, he was most vulnerable to future gang violence because of his visible role as a Salesian Youth Leader, the only one in his family who was teaching and working to spread God’s word among the community.
The judge cited various reports submitted by counsel, specifically highlighting one report that noted: “criminal organizations know that the Christian faith is not compatible with their ideals [...] all denominations of Christianity can become victims of organized crime, though it affects mostly the more outspoken Christians who fulfill leadership positions.”This case highlights the important role that country condition reports and testimony from clients play in informing a judge's decision and rebutting claims by the government that a client can safely relocate within their country of nationality. "
Written by: Attorney Daniela Aguila
Juris Doctor, Quinnipiac University School of Law. Admitted to the bars of Connecticut and the U.S. District Court of Connecticut. Board member of the Connecticut Hispanic Bar Association.