Students from the Immigration Clinic at the University of California, Davis, School of Law recently helped gain asylum for a Brazilian man who was persecuted by community and family members because of his sexual orientation.

In granting the petition for asylum on Nov. 23, U.S. Immigration Judge Lawrence DiCostanzo noted that the UC Davis Immigration Law Clinic has a reputation for doing exceptional work, and that the students involved in this particular case had again demonstrated the high caliber of work that comes from UC Davis.

The three law students who handled the case were Andrea Anapolsky, Melyssa Minamoto and Katie Ruhl, under law professor James Smith, who is a co-director of the immigration clinic. DiCostanzo granted the asylum at Immigration Court in San Francisco, which is part of the U.S. Department of Justice Executive Office for Immigration Review.

A few minutes before the removal hearing began, an attorney for the U.S. Department of Homeland Security asked the students if their client was homosexual. After the students responded that he was, the Homeland Security attorney told Smith and the students that he would not oppose the judge's granting of asylum.

The government attorney reiterated his position to DiCostanzo, who then indicated that he was ready to make a decision on the case based on the pleadings. Even so, the judge told the students they could present their case if they wanted to do so. They passed, saying they were taking into account the best interest of their client and did not want to subject him to painful testimony.

The Immigration Law Clinic was established in 1981 by the School of Law. Smith has been the head of the program since its beginning, and Amagda Perez has since joined him as co-director and supervising attorney. The year-round clinic provides community education, free legal services to low income immigrants facing deportation, and a clinical legal education for law students.