I received that message at the end of a long day in January, which proved to be a long, hard month. The message did not reduce any of the challenges we are facing, but it did show how immigration law can still make a transformative difference for vulnerable people.
The message was from a lawyer I had worked with last year. His client, "Jean" had a conviction in the US, and a final order of deportation. The judge ruled that Jean was not eligible for asylum, but did find that returning him to Haiti would violate the Convention Against Torture (CAT).
So instead of facing the life-threatening conditions in Haiti's jails and on its streets, Jean is living relatively peacefully in the US, able to support his family back home instead of being a burden on their scare resources.
Five years ago, when lawyers asked me about serving as an expert for CAT claims, I usually declined because I did not believe that I could be helpful--the information I had was not enough to get them over the high CAT bar. But as Haiti's governance, rule of law and security situation continued to plunge, the basis for CAT relief increased, and now judges are willing to grant relief in some cases. In 2024, five CAT cases in which I provided expertise were successful.
For more information on Haiti's deteriorating country conditions, see the semi-annual Human Rights Updates from the Institute for Justice and Democracy in Haiti. For information on expert testimony, email me at BEConcannon@gmail.com .
Best, Brian
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