A challenging immigration court case that has lasted for eight years has been solved through persuasive writing and oral advocacy of Amalia Gemelas and Hans Lin. KD is a man from Togo with dual citizenship in Benin. He became affiliated with a disfavored political group in Togo. As a result, he was targeted by agents of the Togolese government and taken to a secret police prison on two separate occasions. While KD was there, he was subjected to beatings, torture, and other inhumane treatment. KD lived in constant fear for his life as he saw other members of his political group murdered and left to float in the river. Worst of all, he lost his wife and daughter in a failed assassination attempt on him. Following these experiences, KD fled Togo to Benin to try and preserve his life. While there, he received notice that the authorities were still searching for him, and was forced to go into hiding. During that time, KD suffered a mental breakdown due to the overwhelming nature of his experiences. He was eventually able to flee Benin and has been undergoing treatment for both his mental and physical health issues.
After his arrival in the United States, KD applied for asylum and was placed in removal proceedings. Complicating his case was the fact that he had experienced all of his persecution in Togo, but also holds Benin citizenship.
Former Valparaiso University Law School students Andrew Voeltz (‘13) and Christine Kelly (‘13) originally represented KD in court. At that time, the Immigration Judge found that KD had failed to show he could not be safe in Benin, despite Voeltz and Kelly recruiting a journalist who had filmed a documentary describing the porous borders between Togo and Benin.
The Immigration Clinic filed a successful appeal and the case was sent back for a new hearing. At that hearing, Gemelas and Lin conducted direct examinations of the client and introduced a new expert witness, Dr. Benjamin Lawrance, a professor of African history at the University of Arizona and the Editor-in-Chief of the African Studies Review. Dr. Lawrance testified that in his expert opinion, KD could not be safe in Benin. As a result of this new testimony, the judge granted KD asylum.
About the Author
