Winston Pro Bono Team Secures Release of Nonverbal and Hearing Impaired Client Unjustly Detained by Immigration

A Winston & Strawn pro bono team recently secured the release of a nonverbal and hearing impaired man who was unjustly detained by Immigration for three years after the court found removal proceedings against him were fundamentally unfair.

Our 36-year-old client was born in Mexico, unable to hear or speak, and moved to the United States when he was 16. In Mexico, he received no schooling, was not taught sign language, and could not read or write. Although he received specialized education and graduated high school in the U.S., due to the absence of formal language for the first 16 years of his life, he has extremely limited communication skills.

In 2013, our client was convicted of reckless endangerment when he and his brother were involved in an altercation with other individuals. Initially found incompetent to participate in criminal proceedings, the court eventually determined he could partake, and our client entered a guilty plea to the offense.

In 2015, our client was transferred to immigration custody, and removal proceedings were initiated against him. The Immigration Court properly terminated proceedings, ruling that his lack of competency and the absence of adequate safeguards meant that due process could not be assured. Despite the Immigration Court order terminating proceedings, the Department of Homeland Security appealed the decision to the Board of Immigration Appeals (BIA), keeping our client improperly detained.

Winston worked in coordination with the National Immigrant Justice Center (NIJC) to defend our client on appeal. The BIA affirmed the underlying decision but remanded the case back to Immigration Court to make additional findings as to whether other safeguards could ensure fair proceedings short of termination. 

On remand, the Winston team worked diligently with NIJC to locate our client’s family members and other witnesses in order to present evidence in Immigration Court about his upbringing, his fear of return to Mexico, and the hardship he and they would experience if he were deported. The team also assisted with filing applications for adjustment of status and asylum on the basis of our client’s disabilities. Adding a layer of complexity, each hearing involved a sign language interpreter and certified deaf interpreter.

Ultimately, the court agreed with Winston and NIJC, ruling that our client’s deportation would cause his mother, a lawful permanent resident, extreme hardship. Based on that finding, our client was granted lawful permanent resident status. After three years of improper detention, he was finally released from immigration custody and reunited with his family in Wisconsin.