Yesterday, I completed trial before Judge Ignacio Fernandez of the Los Angeles Immigration Court in the case of a Kenyan family facing certain forms of social persecution in Kenya. I took on the case from its inception in mid 2012, with the understanding that this matter would end in Removal Proceedings and in a high-stakes trial before an immigration judge. Along the way, we were able to get the family more settled with the issuance of work permits for all family members and proceeded methodically with the diligent assistance of the clients and their witnesses to build our case.
The case presented many novel and fascinating legal issues, and highlighted intriguing, intersecting tribal and socio-political realities in Kenya. Like so many of my humanitarian cases, the stakes were literally life for the family, if allowed to remain in the U.S., and death if returned to Kenya.
In a stipulation between the Government's attorney, Mike Adams, myself and the judge, we all chose life, agreeing, for a plethora of practical reasons, that the Court should grant Withholding of Removal to each family member, permitting them to remain in the United States with renewable employment authorization indefinitely. Neither side reserved appeal and the decision is final. Thus, life in the shadows is now over and a new chapter begins.
This family left a lasting positive mark upon my life and my practice. Rarely have I met individuals who have endured so much and complained so little. The odds overcome and the achievements of the family were truly remarkable, and if they do not accomplish something great in this country, then I am certain they will inspire someone to accomplish greatness. What a blessing, not only for the family, but also for the attorney.
Gratitude as always to Judge Fernandez and Mr. Adams for their thoughtfulness and compassion in this extraordinary matter.
By: Duane M. Hamilton, Esq.
