Use this button to switch between dark and light mode.

Why Central American Asylum-Seekers Are Avoiding the Charlotte Immigration Court

July 31, 2017 (1 min read)

Julia Preston, The Marshall Project, July 30, 2017 - "Migrants running from gangs do not easily fit into the classic categories for asylum, which offers protection to people fearing persecution based on race, religion, nationality or politics. Yet in some courts, artful lawyers have won for people from Central America by crafting cases to fit a fifth, more loosely defined category of persecution in the law, against members of a “particular social group.” In recent years, migrant women have also won if they were escaping extreme domestic violence.

But not in Charlotte. Couch and Barry Pettinato — two out of three judges on the bench — have made it clear they view asylum as a narrow opportunity, and they regard claims stemming from gang violence as inconsistent with the letter of the law. Couch has scolded lawyers for trying to bend the statute like “silly putty” to make it work for Central American migrants.

Couch grants asylum in 18 percent of the cases he hears, while Pettinato grants 15 percent, both less than half the national rate, according to an analysis of court records by the Transactional Records Access Clearinghouse (TRAC), a data research group at Syracuse University. As sitting judges, Couch and Pettinato were not able to comment on their rulings.

“We should set up billboards on the highway for people coming from the border. Keep going, don’t stop in Charlotte!” said Viridiana Martínez, who works with Alerta Migratoria, a group in Durham, N.C., that helps immigrants fight deportation.

... “We all know we are going to be yelled at and belittled by the judges in this court,” said Joanna Gaughan, a lawyer who came to Charlotte four years ago. “A lot of lawyers just don’t feel like putting themselves in that line of fire for an asylum case.”

Gaughan and other lawyers have begun to press cases anyway, hoping to lay groundwork for appeals. “I really believe the judges are not always applying the case law correctly,” she said."