Latham Wins Defensive Asylum Case for Senegalese Child Marriage Survivors
A New York-based Latham team successfully represented a young couple who fled to the United States after escaping from the young woman’s abusive husband and forced marriage in Senegal.
From childhood, the young woman’s father regularly and severely abused her, leaving lasting physical scars and causing emotional harm. Despite the difficulties she endured, she met and fell in love with her now-husband. The young couple’s relationship proceeded in secret until her father forced her to marry a much older man in their community, resulting physical, sexual, and emotional abuse. The woman’s now-husband heard of the abuse and arranged for her to flee from her forced husband and meet him in Brazil so that they could travel together to the US.
Latham began the couple’s defensive asylum proceedings after filing the couple’s initial asylum applications at a New York Legal Assistance (NYLAG) clinic in 2023. The case was far from straightforward. Early hurdles included consolidating the cases, navigating a convoluted Freedom of Information Act (FOIA) process, and advocating for biometrics appointment notices.
In August 2024, the Latham team filed a brief, client declarations, witness declarations, medical expert declarations, country conditions reports, and other supporting documents in New York Immigration Court. When the merits hearing commenced in September, however, the judge delayed the hearing as the government raised concerns about, among other things, credibility and the firm resettlement asylum bar. Of particular concern was the young man’s extended time in Latin America and whether it would preclude him from gaining asylum in the US. The Latham team quickly responded, submitting a supplemental brief, additional affidavits, and country conditions, including a convincing argument that the resettlement bar did not apply, along with an expert report to corroborate the clients’ legitimate fears of the young woman’s father’s connections in Latin America.
During the second merits hearing, the judge stated she was convinced after reviewing the filings that firm resettlement did not apply. As requested by the judge, Latham provided a focused direct examination at the hearing to establish credibility. The judge thanked Latham several times for representing the young couple with such diligence, and encouraged Latham to represent additional asylum seekers. The judge granted asylum to both clients at the hearing, and the clients were overwhelmed with relief and joy.
The Latham team was led by associates Lauren Sun, Rosa Vargas, Julianne Campbell, Tia Thomas, and Thomas Fafara, with supervision from partner Nicholas McQuaid.
The team would like to thank Kate Hunt, Chloe Kim, Jenny Robinson, and Sophia Fossali for their contributions.