Kramer Levin Wins Rare Reversal on Appeal for Cuban Activist Initially Denied Asylum

Kramer Levin won asylum from the Board of Immigration Appeals (BIA) for a Cuban activist who was repeatedly intimidated, arrested, beaten, detained and tortured by Cuban authorities for his Anti-Castro demonstrations. Prior to Kramer Levin’s involvement, an immigration judge denied asylum, finding our then-pro se client did not demonstrate past persecution, a well-founded fear of future persecution, or that he would likely be persecuted for his political opinion if he returned to Cuba. Based on Kramer Levin’s arguments, the BIA reversed on appeal (a very rare outcome), finding “legal and clear error” in the immigration judge’s denial. The BIA concluded that our client had demonstrated past persecution and a well-founded fear of future persecution in Cuba, and remanded the matter solely for the required security checks. Intellectual Property associate Austin Manes was the lead attorney for this appeal. Intellectual Property partner Aaron Frankel supervised.