Jason Cody and Eryk Dziadykiewicz
Ida* is a 34 year-old woman from The Gambia. As an infant, Ida was subjected to female genital mutilation (FGM) and given away to work as a servant for her abusive aunt. As a child, she was regularly raped by her older cousin and another man. To avoid being discovered as a non-virgin, Ida was compelled to marry one of her rapists, who brought her to the United States to serve him and children she was unaware he had. Ida’s husband constantly abused her, physically and sexually, and controlled every aspect of her life. Ida summoned the courage to leave her husband, but once divorced, her family threatened her life because she refused to bring her three daughters to The Gambia to undergo FGM. Ida feared that, if she returned to The Gambia, her family would beat, if not kill, her for defying tribal traditions and force her daughters to be mutilated. As a divorced woman, she also feared that her elders would force her into a polygamous marriage in which she would be subjected to the same abusive control and violence she had previously known.
We applied skills essential to any lawyer’s practice. We conducted several interviews with the client and worked with her on her affidavit. We interviewed and obtained key affidavits from Ida’s siblings in The Gambia and England to support her factual claims concerning the traditions of her family and tribe. We worked with a medical expert to prove Ida’s past persecution, and we worked closely with a psychological expert to establish that she suffers Post-Traumatic Stress Disorder resulting from her FGM and past abuse.
We also conducted significant legal research and analysis, drafted Ida’s asylum brief, and prepared all other papers and documentary evidence supporting her claim for asylum. The case was particularly challenging because we had to prove an exception to the one-year deadline for asylum applications, as well as overcome a particular legal bias. Specifically, we had to counter the argument that parents are not entitled to asylum if they base their claims on the fear of harm to their US citizen-children (as are Ida’s three daughters). Although asylum cases involve completely different substantive law than we normally encounter in our firm work, we were able to gain valuable hands-on experience relevant to our daily practices.
The true hero of the case was Ida because she was required to recall and relive her hellish past. She understood the consequences of not persevering, and thus entrusted us with helping her avoid additional persecution. It was Ida, however, who found the strength to present her story and convince a stranger that she was entitled to asylum in the United States. Our client’s expression of disbelief, joy, and hope upon hearing she was granted asylum was undeniably a rewarding moment for everyone involved in her case. Moreover, her victory provided a needed boost of confidence and light of hope for a future without fear.
We are grateful to have had the chance to represent Ida, and to get to know her personally. She is an amazing individual who has worked hard to overcome extreme oppression and adversity. In learning about Ida’s horrifying experiences, we gained a much greater appreciation for the rule of law, our opportunities in this country, and our responsibility to share our legal talents with those who are less fortunate. Ida and her daughters now have the chance to live their lives free of fear and to build a new life here in America. Through this asylum case opportunity, we are grateful for the feeling that we did something to lessen the suffering in this world.
*Name changed to protect privacy.
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