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Wiley Rein Attorneys Achieve Successful Result in the U.S. Court of Appeals for Cancer Patient Seeking Asylum

December 12, 2012

Wiley Rein attorney Brett Shumate recently obtained a successful result in the U.S. Court of Appeals for the Ninth Circuit on behalf of a cancer patient seeking asylum in the United States to obtain medical treatment and flee persecution in her home country.

Mr. Shumate represented an individual seeking asylum from El Salvador because she could not obtain life-saving medical treatment for cancer in that country and was persecuted on account of her status as a terminal cancer patient.  Mr. Shumate filed a brief in the Ninth Circuit challenging the Board of Immigration Appeals’ denial of her asylum claim.  While the appeal was pending, the U.S. Department of Justice determined that the firm’s client was a candidate for the exercise of prosecutorial discretion because of her medical condition.  The Justice Department agreed to remand the case to the Board of Immigration Appeals, where her case will be administratively closed.  The firm’s client will be able to remain in the United States to obtain medical care free from persecution in her home country.