The Road to a Pro Bono Asylum Win: Q&A with Jodi Benassi of McDermott
What was your experience working with Raquel like in helping her prepare for her asylum merits hearing?
In preparation for the hearing, the McDermott team sought the assistance of a country conditions expert who prepared a report on the unchanged conditions and dangers to Raquel and her family if they were returned to Mexico. The legal team also reached out to a medical expert, who had been brought on early in the case, to conduct a follow-up evaluation of Raquel and prepare a supplemental report. This was especially important in our case because of the long period of time between the first evaluation and the individual hearing.
Next, the legal team started updating all of the documents and preparing the witnesses. The importance of witness preparation in an asylum case cannot be understated. The legal team and Raquel drove hundreds of miles on several occasions to meet each other in person and prepare Raquel for the hearing. We found it much more effective to prepare Raquel in person than over Zoom. We spent one session explaining the hearing process, including who would be there and the format of direct and cross examination questioning. We found this video helpful in explaining the process: https://www.youtube.com/watch?v=RA4UmnQyqYw. During the first meeting we also reviewed all of the filings in the case and provided Raquel with a complete package of all of the filings in Spanish and asked her to read the materials in advance of the hearing. During the next three sessions, we created a mock hearing environment and conducted direct and cross examinations of Raquel. Although they were aware they may not ultimately have to testify, we also prepared our experts by through similar direct and cross examination questioning. These in-depth preparation sessions prepared Raquel and our experts for everything they might encounter during the hearing.
By going through everything again during the preparation sessions, Raquel recalled another important witness to the case. The McDermott team promptly contacted the witness and interviewed him via Zoom (he was in Spain at the time). The McDermott team obtained a sworn declaration from the witness in support of Raquel’s asylum application and filed his declaration with the Immigration Court.
The hearing took approximately 3 hours, and Raquel’s recounting of events proved highly credible to the Immigration Judge. Raquel was an exceptional witness with a consistent story and great responses to questions asked by the government’s attorney on cross-examination, and the judge cited to the expert reports several times. The Immigration Judge noted that Raquel’s testimony was credible and consistent; the country conditions report was extensive and showed that the violence in Mexico and the Mexican government’s inability to control the cartels remained unchanged; and the expert reports corroborated Raquel’s testimony and the facts.
What was the most rewarding part of the process?
The most rewarding part of the process was obtaining asylum for Raquel and her two children. The relief when the judge decided to grant asylum was palpable for the entire team. Since coming to the United States, Raquel and her family have settled in central California. Her children are doing great at school and are fluent in English. Raquel’s daughter is in high school, competing in statewide volleyball competitions and thinking about college. They were so excited when the judge granted the family asylum—they now have opportunities available to them, when before their futures were uncertain and full of conflict. We all feel truly honored to have been able to help Raquel and her family.
What was the most challenging part of the process for you?
The most challenging part of the process was working through the difficult subject matter with our client. Even with substantial guidance from CLSEPA, this process became difficult at times due to the ever-changing nature of immigration law between administrations and the length of time between Raquel’s arrival and the hearing. She and her family suffered a lot in Mexico and although we needed all of the facts to build her case, we had to be mindful of her suffering and try to limit even more suffering through our conversations about what happened.
Did you find CLSEPA's mentorship and technical assistance helpful?
There is absolutely no question that CLSEPA’s mentorship and technical assistance was instrumental in helping us obtain asylum for Raquel and her family. They are the experts in immigration law and we relied on their support to guide us through the entire process, from the initial asylum application, filing for a work permit, identifying experts, drafting country conditions reports, to our final brief. Big law firms do not have in-house immigration lawyers so it was imperative that we had access to the experts at CLSEPA. They were always available, no matter how small a question or how large a request. Thanks CLSEPA team!!
What is your advice for pro bono attorneys considering taking on an asylum matter?
It is a big commitment, but representing an asylum seeker pro bono can help change your client’s life and be one of the most rewarding experiences of your legal career.
Practical advice
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- Establish a good rapport with your client. The facts that will be shared with your client will be difficult to discuss and your client has suffered a lot of trauma.
- Ensure all documents filed and received from the Asylum Office are on file with the Immigration Court—especially the affirmative asylum application. The Asylum Office does not necessarily forward these documents to the Immigration Court and can be a basis for the defense to argue the one-year bar.
- Have several in-person sessions of preparation for the individual hearing, including direct and cross examinations.
- Sign up for an account with the CGRS at the UC College of the Law, San Francisco (cgrs.uclawsf.edu). They have sample briefs and reports tailored sometimes tailored to your clients’ situations and can provide information regarding the judge’s decision statistics to the extent CGRS has them.
- Bring on a medical expert early in the case and have them prepare a strong report.
- Bring on a country conditions expert and prepare a thorough report.
- Prepare testifying witnesses for extensive cross-examination.
- Bring two copies of all documents to the hearing, including those filed at the asylum office and any stamped documents. Relatedly, obtain stamped cover pages at the Immigration Court or request stamped cover pages be sent back to you from the Asylum Office.