Last year, "Ojo" (not his real name) fled his native Nigeria, fearing for his life after an angry mob murdered his second partner upon discovering that the two were romantically involved. Ojo arrived in New York without proper entry documents and was immediately taken into the custody of Immigration and Customs Enforcement (ICE). Immigration Equality met with Ojo in detention and secured pro bono representation for him.

In March 2004, Ojo had a full hearing on his asylum application and lost, in large part because he was unable to present documentary evidence corroborating his claim. But Ojo's pro bono attorney, Elise Schwarz of Caro & Associates, never stopped fighting for him. After many phone calls, Ojo was able to obtain his slain partner's death certificate and a key witness stepped forward to testify on his behalf. Ms. Schwarz made a motion to the Board of Immigration Appeals (BIA) to re-open the case and present the new evidence. The BIA granted the motion, and last week Ojo had a new hearing.

Finding that Ojo's partner had been killed because of his sexual orientation, and finding that Ojo's life would also be at risk if returned to Nigeria, the Immigration Judge granted Ojo asylum. After spending almost a year in ICE detention, last week Ojo had his first glimpse of the Manhattan skyline, and he is now working with community based organizations to find work. "I'm just so grateful to Ms. Schwarz and to Immigration Equality," said Ojo. "Without their help, I don't even want to think about what could have happened to me."

Elise Schwarz, who has represented two previous asylum seekers, said that this has been her hardest case. "It's amazing the hurdles that detained asylum seekers have to overcome," Schwarz said. "If Ojo didn't have people who cared about him in the U.S. and in Nigeria, he never would have had a chance to get the evidence that the immigration judge required."

As an asylee, Ojo is permitted to remain in the United States indefinitely and he can apply for legal permanent residence after one year. The Department of Homeland Security (DHS) reserved appeal in the case, so Ojo's ordeal may not have ended.

Immigration Equality (formerly the Lesbian and Gay Immigration Rights Task Force) was founded in 1994 and advocates for equality under U.S. immigration law for lesbian, gay, bisexual, transgender and HIV-positive immigrants, their families, friends and loved ones. For more information on Immigration Equality, visit www.immigrationequality.org.