Franklin Crespo is our Client of the Month for June 2015. BR attorney Dree Collopy has been representing Mr. Crespo and his family since 2009. At that time, Mr. Crespo’s adjustment of status and extreme hardship waiver under section 212(h) of the Immigration and Nationality Act had been denied by the Immigration Judge, his appeal to the Board of Immigration Appeals had been dismissed, and Mr. Crespo had been detained by Immigration and Customs Enforcement.
Last week, we wrote about the Fourth Circuit’s decision in Martinez v. Holder, in which the 4th Circuit held that “former gang members” can qualify as a particular social group for the purpose of establishing eligibility for asylum. Martinez is one of the two cases we wrote about in October in the hope that the 4th Circuit would bring some clarity and reason to the jurisprudence on the meaning of “particular social group” as a basis for asylum eligibility.
Last week, we told you about two cases that the U.S. Court of Appeals for the 4th Circuit heard oral arguments on. As we discussed, these cases will go a long way towards setting the law on what constitutes a particular social group for purposes of asylum. One of these cases, Martinez, dealt with the issue of whether a former gang member can be granted protection in the U.S.