Cooley Wins Major Fourth Circuit Victory for Pro Bono Client Trokon Diahn
Washington, DC – May 7, 2026 – Cooley won a major victory on behalf of pro bono client Trokon Diahn after the US Court of Appeals for the Fourth Circuit granted his petition for review, vacated his removal order and remanded his case for further proceedings.
Diahn, now in his early 20s, has lived in the United States since age 2. Born in a refugee camp in Côte d’Ivoire after his parents fled Liberia’s civil war, he grew up in Philadelphia, believing he was a lawful permanent resident through his father’s naturalization. He learned that he lacked permanent status only after being placed in removal proceedings following a criminal conviction that ultimately ordered him removed to Liberia, a country he has never been to.
In its May 5, 2026, ruling, the Fourth Circuit addressed administrative exhaustion and the scope of immigration judges’ obligations in cases involving pro se respondents. The court held that exhaustion turns on substance rather than labels, concluding that Diahn’s brief before the Board of Immigration Appeals sufficiently placed the agency on notice of his claims despite the absence of formal legal language. It also reaffirmed that immigration judges have an affirmative statutory duty to develop the administrative record, particularly where a respondent is detained and unrepresented, and held that failures to do so are presumptively prejudicial. Although the court resolved the case on statutory grounds, it also identified serious due process concerns arising from defective notice and the respondent’s inability to meaningfully present evidence.
The Cooley team representing Diahn on appeal included partner Raymond P. Tolentino and associate Sahar Atassi, who presented oral argument on behalf of Diahn in the Fourth Circuit.
The case is Trokon Diahn v. Todd Blanche, No. 24-2066 (4th Cir. 2026).
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