SHB Wins Pro Bono Immigration Victory in Ninth Circuit

The Ninth Circuit Court of Appeals last week halted deportation proceedings against Ascencion Ortega-Gamboa, who had suffered severe political persecution in his village in Mexico. He suffered beatings, and had his house burned down. He moved to another village, but the persecution continued. Ultimately, he took refuge in the United States, where he was able to form a new life. Due, in part, to his inability to navigate the maze of immigration proceedings, Ortega-Gamboa was ordered to be deported and his relief requests were summarily denied by the Immigration Court and the Board of Immigration Appeals.

Through the Ninth Circuit’s pro bono program, SHB San Francisco Partner Patrick Gregory, and SHB San Francisco Associates Mia Hernandez and Amir Nassihi handled the appeal as amicus pro bono counsel for the petitioner and submitted the opening and reply briefs. SHB developed and presented arguments to reverse the BIA and give Ortega-Gamboa a fair shake, and Pat Gregory argued the matter to a Ninth Circuit panel. As a result, the Ninth Circuit issued an opinion directing the BIA to reconsider Ortega-Gamboa’s requests for asylum and relief under the Convention Against Torture and, if necessary, to consider a voluntary departure request.