PLC attorney, Ira Liston, helped detainee who saw friends murdered and faced police assaults.
In November, PLC Staff Attorney Ira Liston won asylum for Gerardo Lopez Hernandez, an HIV-positive LGBT rights activist from Honduras. Liston faced a series of challenges building this case under a quick deadline while Hernandez was held in detention in Santa Ana.
“Gerardo won asylum based on his activist work and LGBT membership,” said Liston. “This case is what should be happening with proper legal representation. If we hadn’t found him in the detention center, he wouldn’t have been able to present all his evidence of persecution.”
In Honduras, Hernandez had faced persecution for his activist work. He saw friends killed, and himself had faced assaults from the police in Tegucigalpa. His declaration details a lifetime of threats and attacks, not just as a result of his activism, but because he did not shy away from his identity as a gay man.
Hernandez arrived in the U.S. in May 2014, leaving his mother and sister in Honduras. He found out his HIV status after arriving, noting in his declaration, “I do not think I would be able to get the proper medical care if I had to return to Honduras. As part of my human rights work, I saw people in hospitals dying from AIDS. The medical conditions in Honduras are terrible and the access to HIV medication is very limited, if you can get it at all. I come from a poor family, so I would not be able to afford private medical care if I am removed from the U.S. I fear that if I had to return to Honduras, it would be the equivalent of a slow death sentence from AIDS if I am not first killed because of my advocacy work.”
Liston found out about Hernandez’s case through a partner organization in September. He worked quickly to put the case together, and began visiting Hernandez in the detention center to go over details of the case. Honduras is considered to be one of the most homophobic countries in the Western hemisphere, and Liston took care with this case to ensure that all aspects of the case were correct without forcing Hernandez to relive the attacks.
There were multiple problems with the hearing. The original judge was not present, so a different judge was set to hear the case. Then, the attorney from U.S. Immigration and Customs Enforcement wasn’t ready to move forward. Then, there was a fire drill. Liston and Hernandez had to wait until November for the case to be heard, and then finally, Hernandez was granted asylum.
“Unfortunately, these administrative delays are far too common place in the immigration court system, causing months, even years of anxiety and stress to our clients, especially those who are detained and isolated from their friends and family,” said Joyce Noche, Lead Attorney of PLC’s Immigration Unit.
When Liston learned the news on a late weekday evening, he drove straight to the detention center to find Hernandez and made calls to secure him a place in a Salvation Army shelter that night. Currently, Hernandez is living in a shelter and is working to establish a life in the U.S. with the help of PLC’s AIDS Legal Assistance Project. With permanent residency, he is on the path to becoming a citizen.
“America needs to be a beacon of hope for people like Gerardo who are fleeing persecution,” said Liston. “People who do great things in their countries will make our country a stronger place. They are our future.”