Latham Wins Rare Nunc Pro Tunc Asylum, Protecting Survivor’s Disabled Daughter

Irina Sivachenko

At this year’s Above & Beyond Awards, Sanctuary for Families is honoring a stellar team from Latham & Watkins for their extraordinary pro bono work in securing a rare nunc pro tunc asylum for a severely disabled client. 

At this year’s Above & Beyond Awards, Sanctuary for Families is thrilled to honor a stellar team from Latham & Watkins LLP — Joshua A. Tinkelman, Hyeon Min “Mina” Kim, Lauren Mastronardi, Alexandra J. Kustra as well as former Latham attorneys Sohom Datta, and Sami El-Kebbi — for their extraordinary pro bono work in securing a rare nunc pro tunc asylum for a severely disabled client. 

More than a decade ago, the Latham team began representing Anne*, a survivor of female genital mutilation (“FGM”), who fled The Gambia. Anne, determined to protect her young daughters from the FGM procedure, left her home country after enduring violence and death threats from her husband’s family. The Latham team successfully secured asylum for Anne, reunited her with her children in the United States, and later helped Anne and her children obtain lawful permanent residency.

The immigration process proceeded predictably until 2022, when Anne’s disabled adult daughter, J.M.*, received a devastating denial of her adjustment of status application from USCIS. J.M., who is severely disabled and nonverbal, was undergoing cancer treatment when the denial letter arrived in the mail. Because Anne had become a U.S. citizen by the time J.M.’s case was reviewed, J.M.’s derivative asylee status had expired. The denial had grave consequences: not only was J.M.’s presence in the U.S. at risk, but she also faced losing her critical Medicaid and SSI benefits. Without her benefits, J.M. would be left without access to life-saving care.

The Latham team immediately mobilized, working closely with Sanctuary for Families to pursue a nunc pro tunc asylum application – a rarely used and complex legal remedy. They prepared an expedited request, guided Anne and J.M. through the hearing process, and tirelessly advocated to protect J.M.’s rights. Weeks after the hearing, J.M. was granted asylum and her medical benefits were secured. The Latham team’s efforts provided a lifeline for J.M. to remain in the United States and continue receiving critical medical care, and the team has since filed for J.M.’s green card.

The attorneys describe this case as both challenging and deeply meaningful. Over the years, they developed a close bond with Anne and her children. Sami, a corporate lawyer, reflected that he always wanted to become involved in immigration matters and seeing his legal work make a real difference “felt very special.” Alexandra and Sohom recalled the family’s resilience and were touched by their support for one another. For Alexandra, a corporate attorney, helping J.M. secure medical assistance and being able to continue her cancer treatment as well as preserve J.M.’s right to remain in the United States was “a very powerful experience.” Years later, Sohom still calls this as “one of the most impactful matters” he worked on.

Pooja Asnani, Senior Program Director of the Immigration Intervention Project at Sanctuary, supervised the matter. She praised the Latham team for their “undaunted” advocacy, noting that their persistence over more than a decade exemplified their skill and their “really big hearts.” The team was zealous, tireless, and truly went above and beyond to protect their client, she said.

*Not a real name

Join us at our Above & Beyond Awards Ceremony on October 21, 2025, as we honor Latham &Watkins’ outstanding pro bono work.

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If your firm is interested in a sponsorship opportunity, please reach out to Geny Kimbrell, Director of Special Events, by email at gkimbrell@sffny.org.

Irina is a Senior Attorney at Ropes & Gray and a member of the firm’s Anti-Corruption and International Risk practice. She focuses on cross-border investigations and anti-corruption diligence and her work so far spanned over 25 countries. She is also a member of Sanctuary’s Pro Bono Council and a Co-Chair of this year’s Above and Beyond Pro Bono Awards and Benefit.

Weil Team Honored for Vacating Over 20 Convictions in Groundbreaking Sex Trafficking Case

Irina Sivachenko

At this year’s Above & Beyond Awards, Sanctuary is honoring a team from Weil, Gotshal & Manges for their outstanding work in securing a vacatur of over twenty criminal convictions in a sex trafficking matter.

At this year’s Above & Beyond Awards, Sanctuary for Families is thrilled to honor a team from Weil, Gotshal & Manges for their outstanding work in securing a vacatur of over twenty criminal convictions in a sex trafficking matter. The matter lasted over 8 years and took the team to Manhattan, Queens, and Bronx boroughs. The star team included Special Pro Bono Counsel Richard A. Rothman, as well as former Weil attorneys Nicole E. Prunetti, Artem Khrapko, Megan McKinley, and Alexandra Jung.

Anne* was failed by multiple systems throughout her life. Seeking to escape abuse at home and with no support from those around her, Anne met her trafficker when she was still a child. He pretended to love her but instead manipulated, abused, and trafficked her. His abuse lasted for over fifteen years; Anne accumulated over twenty criminal convictions in New York as a result of his exploitation of her. For years, the criminal justice system failed her and no one offered help. She was never told that being a victim of sex trafficking could be a defense, instead, she was always told to plead guilty and avoid the police. These convictions limited Anne’s job opportunities and housing options, and were a painful reminder of the years of abuse she suffered.

Sanctuary for Families and Weil worked together to clear Anne’s record. The process started back in 2016 and was finalized this year, when the last conviction was removed from Anne’s record. The work began under the law passed in 2010 that granted New York courts the power to vacate prostitution-related convictions that were the result of the person having been trafficked. Initially, the statute only allowed vacatur of convictions in which the arresting charge was for prostitution or loitering and the defendant’s participation was a result of having been a victim of sex trafficking. The law was expanded in 2021 under the START Act, allowing survivors to seek vacatur of any convictions where the defendant’s participation in the offense was a result of having been a victim of sex or labor trafficking.

Over the years, the Weil team painstakingly collected documents – some dating back nearly thirty years – needed to advocate for Anne. After years of diligent work, the last conviction was removed. During this time, Anne has received an associate degree and is now working together with her grown-up son.

The case was challenging but inspiring. Artem, who worked on this matter while at Weil, noted, “now, over 20 years after escaping from her trafficker, [Anne] can finally put her past behind her, and I am very grateful for being a part of that process.”  Nicole added, “I’m profoundly grateful to have had the opportunity to work on this case. We were able to vacate our client’s entire criminal record, giving her some amount of closure and the opportunity to continue to move forward with her life.” Nicole noted that the matter – spanning three boroughs and over three decades of legal records – was a massive undertaking: it was a “true team effort – everyone from our incredible partners at Sanctuary to our team of paralegals, managing attorneys, and executive assistants played an important role in making our client feel supported and helping us put forward the strongest motions possible to vacate our client’s record.”

Jessica-Wind Abolafia, Senior Program Director of the Anti-Trafficking Initiative at Sanctuary noted, “to serve and support Anne in her legal journey has been a privilege for all of us on her legal team. The team at Weil was unrelenting in its pursuit of a just outcome, while at all times centering Anne in the process. Anne is extraordinarily resilient and bright and was a collaborative and critical partner in achieving her positive legal outcome. On that final day in court, Anne delivered powerful remarks into the record, noting that while her cleared record cannot alleviate the pain she suffered as a child and adult at the hands of her abuser and the system that failed her, it was a monumental and important step in her healing. We are thrilled and honored to have been able to assist in achieving this outcome.”

Rich Rothman, who led this matter at Weil, reflected that this matter was a remarkable collaboration between Weil and Sanctuary.

“[Anne] came to Sanctuary over twenty years ago and being with her at the hearing in the Bronx in 2024 when her last conviction was removed was one of the most moving experiences in my entire career.” – Rich Rothman

*Not a real name

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Join us at our Above & Beyond Awards Ceremony on October 8, 2024, as we honor Weil’s outstanding pro bono work.

PURCHASE TICKETS

Irina is a Senior Attorney at Ropes & Gray and a member of the firm’s Anti-Corruption and International Risk practice. She focuses on cross-border investigations and anti-corruption diligence and her work so far spanned over 20 countries. She is also a member of Sanctuary’s Pro Bono Council and a Co-Chair of this year’s Above and Beyond Pro Bono Awards and Benefit.