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A Child's Life, A Lawyer's Humanity

Hard-won Asylum Helps Boy Avoid Salvadoran Gang's Wrath

September 27, 2009|By Scott Calvert , scott.calvert@baltsun.com

Then in February, his mother and brother made it to Texas. She'd had enough when five MS-13 members beat Pablo Michael on a soccer field. Not only were his mother and brother now in the U.S., it meant they could testify at Santos' asylum hearing.

That was not necessary. On June 11, shortly after Santos spoke, Immigration Judge Philip T. Williams granted the boy asylum. The judge embraced Chowdhury's argument, noting that the family was "mistreated in the worst way" by MS-13.

So pervasive and deadly was the gang's influence, Williams said, according to a transcript, "that this young man was scared out of his wits, left El Salvador, came to the United States and clearly has nowhere else to go in El Salvador where he would be free from the wrath of MS-13."

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The ruling, which the government did not appeal, has attracted notice. Chowdhury has received inquiries from some 30 immigration lawyers curious about the case and his legal approach.

Stephen Yale-Loehr, who teaches immigration law at Cornell University, said Santos was fortunate: "He had good facts, he had a good lawyer and he had a fair judge. That combination is what allowed him to win when so many others have failed."

Despite putting in hundreds of hours, Chowdhury is not done. He also represents Maria and Pablo Michael, and their asylum cases have yet to be heard. Chowdhury says he plans to stick with the legal argument that worked for Santos.

For now, the family of four is living outside Washington and adjusting to life in America - and life together for the first time in a decade. When it's all over, Maria promises to cook a big meal for Chowdhury.

Santos, now 13, is in eighth grade; his brother, 17, is in ninth grade. Santos likes playing soccer. And while Chowdhury has suggested a career in law, Santos thinks he might become a police officer to protect "the defenseless."

As he put it, "I wouldn't want anyone to go through what we went through."

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