Fact Finding is an Immigration Lawyer’s Job: The Importance of Working One on One with Clients in Asylum Cases

Friends

Here’s a recent article by my brilliant colleague Jacqueline Brown–the best asylum lawyer with whom I’ve ever worked.

Abstract

Oftentimes, the most crucial part of an asylum seeker’s case is delegated out to legal assistants and paralegals. However, this paper will show why that is a serious mistake. Declaration writing and country conditions evidence are essential parts of an asylum claim, and they are precisely the tasks which should be handled by an asylum seeker’s lawyer. It is the attorney who is hired to understand the intricacies and ever-changing landscape of asylum law. It is the attorney who must know the story of their client, including the details, possible gaps and inconsistencies, and even more vitally, how these facts match up with the definition of a refugee. Considering that credibility is the gatekeeper in asylum cases, all of this must be learned before an adjudicator and government attorney appear on the case. Furthermore, with asylum grant rates that vary wildly in immigration court, an attorney should be gathering facts to make a strong record for appeal. Finally, and equally important, the client who bounces around from attorney to legal assistant or translator and back is also being needlessly retraumatized in the process of legal representation.

The approach I advocate is a trauma-informed, client-centered one that is respectful of the client’s cultural experiences. This approach has evolved from my twenty years of experience representing asylum seekers and supervising clinical students but also working for the immigration court and observing other advocates. The paper will explain how the approach flows from a rebellious lawyering philosophy. In the process, I will provide examples of how I have put this approach to use and I will also critique approaches that are apparent from reported and unreported cases.

A link to the article is here.

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