Anne Dutton (’16) Argues High-Stakes Asylum Case Before 9th Circuit Court of Appeals

On April 6, Anne Dutton (’16) presented oral argument before a three-judge panel of the U.S. Court of Appeals for the 9th Circuit in Wilfredo Garay-Reyes v. Loretta E. Lynch, U.S. Attorney General. The case has attracted national attention, and its outcome could affect thousands of asylum seekers fleeing gang-related persecution in Central America.

Dutton, a student with the Center for New Americans’ Federal Immigration Litigation Clinic, argued on behalf of Wilfredo Garay-Reyes, who was nearly killed after defecting from one of El Salvador’s most notorious gangs at age 17. The argument took place in Seattle.

Dutton and classmate Zachary Albun (’16) led briefing in the appeal, which seeks to overturn a controversial U.S. policy that bars asylum to most victims of gang-related persecution, even young children who are violently recruited into gangs. The case has drawn national attention and supporting amicus curiae briefs from Harvard University, the American Immigration Lawyers Association, UC Hastings College of the Law, and others.

Professor Benjamin Casper, who teaches the Federal Immigration Litigation Clinic, praised his students for spearheading the complex litigation. “Anne and Zachary have been extraordinary advocates, both for their client and in the larger effort to protect the human rights of refugees from Central America,” he said. Casper adds that the months Dutton spent practicing for the argument paid off. “Anne argued her first case, on a national stage, with the skill and poise of a seasoned lawyer. It was truly inspiring to watch.”  

A decision in the case is expected in the coming months. Video of the argument is available here.