Latham & Watkins Attorneys Honored for Work with LGBTQ+ Asylum Seekers

Francesca L. Fulchignoni

At this year’s Above & Beyond Awards, Sanctuary is honoring an extraordinary team of attorneys from Latham & Watkins LLP who worked with several pro se LGBTQ+ asylum applicants in a clinic over the past summer.

At this year’s Above & Beyond Awards, Sanctuary for Families is honoring an extraordinary team of attorneys from Latham & Watkins LLP who worked with a number of pro se LGBTQ+ asylum applicants in a clinic over the past summer. The Latham & Watkins team includes partners Michèle O. Penzer, George A. Davis, and Brittany Ruiz; and associates Prudence Ng, Jaclyn Newman, Abhinaya Swaminathan, Matt Carmody, Layan K. Charara, and Jacob Watts.

Clients in terrible danger

Recently, Sanctuary for Families’ immigration team became aware of a troubling trend: numerous asylum applicants have been directed to removal proceedings with no legal representation due to a staggeringly high demand for legal assistance in this area. Asylum cases can often take years to be fully processed, a fact that sometimes makes pro bono representation challenging for firms to take on. Latham & Watkins joined forces with Sanctuary staff to brainstorm a possible solution to this pressing problem and ultimately arrived at the idea of an asylum pro se clinic, whereby Latham pro bono attorneys would sit down with clients who were in removal proceedings to draft their affidavits and other application materials and give them extremely detailed, step-by-step guidance on how to continue their asylum applications pro se.

The pilot pro se clinic, which took place in summer 2022, worked with 4 clients, all of whom had experienced LGBTQ+-based persecution in their home countries. They all had a very specific and straightforward legal need, yet one that can be quite daunting for anyone, and especially for trauma-impacted clients. The Latham attorneys immediately set to creating compelling affidavits and filling out the requisite forms so as to help these survivors to attain the asylum they deserved.

The Process

At the outset, the Latham & Watkins team knew that their objective was to file with USCIS as quickly as possible, given the fact that their clients had already been called into immigration court. Their work consisted of preparing a I-589 Application for Asylum and for Withholding of Removal, which includes copious supporting materials. In this case, the applications centered around the LGBGTQ+-based persecution that clients had faced in their home countries. An application for asylum must be based on a number of factors, including past persecution and/or a well-founded fear of future persecution in the applicant’s home country and evidence that their home country’s government is unwilling or unable to protect them. Though legal representation is not required to file such applications, the administrative process is extremely difficult, even before the added complications of trauma and potential language barriers. “Nothing about the process is intuitive for survivors,” Associate Abhinaya Swaminathan told us.

The Challenge

When she signed up to participate in the asylum pro se project, Prudence Ng, a third year corporate associate, had already worked on immigration cases. For the first time, however, Prudence found herself with a client who had survived a decade of homelessness and violence, and whose manifold experiences of trauma had to be sensitively parsed out and arranged into a cohesive application narrative. “I realized the application needed to be based on themes instead of chronology,” said Prudence. When the process of information collection was less straightforward than expected, “I had to craft a cohesive narrative, which involved making sense of a complex story.”

The most challenging part of this work for the Latham & Watkins team – as well as for their clients – was distilling a long trauma history and “making it fit into the USCIS boxes.” While it was clear from the outset that these clients had compelling needs for asylum, telling their stories was nonetheless not a simple task, and was one that necessitated trauma-informed questioning and empathy. Prudence will be bringing those lessons into her practice. “I learned a lot of lessons about connecting with a client and telling their story from their perspective.”

She also noted that the summer associates she worked with were engaged, demonstrated compassion and sensitivity, and were skilled at parsing out relevant details. “Our team was impressive at handling strong emotions and keeping their lawyer hats on to put forward a very strong case for our clients.”

All of Latham’s lawyers underlined how Sanctuary for Families’ mission is important to them and helps shape their pro bono work by assisting different people with a common need. Abhinaya strikingly noted that “SFF’s focus on gender-based violence is particularly important right now because people from all over the world come to get help with gender and or sexuality based problems, even though we are also facing these problems here in the US.”

Latham’s four clients have strong claims filed now and await a response from USCIS while remaining in the United States. They are empowered not only to proceed with their own applications, but with the knowledge to inform their friends and family of their rights and the resources they could use.

“The asylum system in the United States is a stressful, opaque, and deeply bureaucratic process for all those who flee their home countries in hopes of creating lives free from violence. Through their advocacy this summer, Latham protected the rights of four LGBTQ+ asylum seekers and helped them take that first step toward building a safe and stable life in the U.S. We are so grateful for the work of the Latham attorneys and summer associates and hope this is only the beginning of our continued work together.”

Deirdre Stradone
Co-Deputy Director of Sanctuary’s Immigration Intervention Project

Join us at our Above & Beyond Awards Ceremony on November 2, 2022, as we honor Latham & Watkins’ outstanding pro bono work.

PURCHASE TICKETS

If you can’t join us, but would like to support Sanctuary’s work, please consider making an Above & Beyond donation here.

Francesca L. Fulchignoni is a practice area associate in Sullivan & Cromwell’s Criminal Defense and Investigations Group.

Simpson Thacher Obtains Favorable Settlement in Complex Custody and Order of Protection Case

Silvia Marroquin

At this year’s Above & Beyond Awards, Sanctuary is honoring Jonathan Kaplan from Simpson Thacher & Bartlett for his compassionate and devoted pro bono representation of “Mary” to obtain a favorable settlement in a complex custody and order of protection case.

At this year’s Above & Beyond Awards, Sanctuary for Families is honoring Jonathan Kaplan from Simpson Thacher & Bartlett for his compassionate and devoted pro bono representation of “Mary” to obtain a favorable settlement in a complex custody and order of protection case.

In December 2019, Mary, a mother of three children, one of whom was also the child of her abuser, sought an order of protection against her former partner and to obtain full custody of her children. For multiple years, Mary had experienced severe physical and emotional abuse at his hands, but her incomparable strength eventually pushed her to pursue legal action.

In March 2020, Jonathan began representing Mary in a complex Order of Protection trial with a custody trial to follow. Midway through, Jonathan obtained a favorable settlement to both custody and protection whereby Mary was awarded physical custody of her child and final decision-making authority. Additionally, her former partner was prohibited from having any contact with her other than through a monitored platform and only to the extent strictly necessary to address the care and custody of their shared child.

Jonathan demonstrated an unparalleled commitment to the case and to Mary, and his excellent legal skills throughout the case were key to securing a positive outcome. He drafted motions, dealt patiently with repeated adjournments, and handled thorough preparations for trial on no less than five occasions. Jonathan’s advocacy was instrumental in overcoming the challenges of having little documentary evidence to support Mary’s testimony, and in helping her be heard by a judge who was at first skeptical based on her initial pro se petition, which only described the most recent incident of domestic violence rather than the years of abuse she had endured. Jonathan drafted an amended family offense petition that shed light on the abuse that Mary had experienced and set the stage for her compelling testimony at trial. In Jonathan’s words, her testimony was “a big catalyst” for the settlement to happen. Jonathan supported Mary through the emotional challenges of preparing for her testimony and navigating the frustration caused by a lengthy and uncertain legal process during the pandemic.

Throughout this multi-year process, Jonathan was always available to address the continued issues Mary had with her former partner, who continued to harass her and attempt to use his visitation with their son as a means to control and manipulate her. Providing both legal advocacy and an empathetic ear, he was truly committed to helping Mary make her wish “to be safe” come true, and was ecstatic when she received the final favorable settlement.

Mary’s strength was imperturbable and an inspiration for Jonathan. He reflects, “I was incredibly inspired by my client. Her strength in the face of so much adversity and her ability to always put her children first was uplifting. The result was such a good one, because she is a good person.”

After the case settled, Mary told Jonathan, “You saved my life. I feel so free, like I just got out of prison.” Mary is now working helping other victims of domestic violence. Reflecting on the case, Jonathan said that this experience had been truly rewarding and “the most meaningful thing [he has] done as a lawyer.”

“The unique relationship of trust built between Mary and Jonathan was amazing to see. It was so rewarding to witness, and I was honored to be a part of it. For example, the way Jonathan dealt with opposing counsel, who was not always very responsive, was masterful — Jonathan was always assertive but polite in how he transmitted his client’s frustrations. He had a truly client-centered approach.”

Betsy Tsai
Director, Courtroom Advocates Project

Join us at our Above & Beyond Awards Ceremony on November 2, 2022, as we honor Simpson Thacher & Bartlett’s outstanding pro bono work.

PURCHASE TICKETS

If you can’t join us, but would like to support Sanctuary’s work, please consider making an Above & Beyond donation here.

Silvia Marroquin is an associate in the international arbitration practice of Chaffetz Lindsey in New York and a member of Sanctuary’s Pro Bono Council.

Cleary Associate Uses Trauma-Informed Approach in Advocating for Survivors

Romy Felsen-Parsons

At this year’s Above & Beyond Awards, Sanctuary for Families will be honoring Cleary Gottlieb associate and former Cleary Gottlieb Fellow Morton Bast for her trauma-informed advocacy in working with two survivors of domestic violence.

At this year’s Above & Beyond Awards, Sanctuary for Families will be honoring Cleary Gottlieb associate and former Cleary Gottlieb Fellow Morton Bast for her trauma-informed advocacy in working with two survivors of domestic violence. Morton worked with both clients for over a year, going so far as to take both cases with her back to Cleary Gottlieb in order to continue her legal representation from the firm.

In a previous Pro Bono Spotlight, Sanctuary for Families highlighted the work that Cleary associate Morton Bast did as a Cleary Gottlieb Fellow at Sanctuary. This groundbreaking new Fellowship placed Cleary associates full-time at legal services organizations for one full year, providing critically needed legal work to underserved communities during the pandemic while enabling Cleary Fellows to continue expanding their skill sets and pursue their specific interests. This year’s Above and Beyond Awards ceremony will honor Morton for the extensive work she did with two clients, Ms. D and Ms. O, both at Sanctuary and later at Cleary Gottlieb.

After being trained on how to approach trauma-informed, client-centered advocacy, Morton diligently and immediately set about putting these ideals into practice. Providing legal services to survivors of trauma, while extremely rewarding, of course, poses its own unique challenges, and Morton quickly learned that trauma can interfere with a person’s ability to recall details and to tell a coherent story of their experiences. One client, Ms. D, was deeply traumatized by her experiences of severe domestic violence and, as a result, extremely anxious about testifying in court – in addition to being extremely frustrated by over four years of litigation. Morton worked extensively with the client for hours at a time to gain her trust and prepare her for trial at her own pace.

“One of the major challenges of this case was that the client was not able to share her experiences in the typical structure of a direct examination, i.e. broken up into pieces in response to the attorney’s questions; she really needed to get into the zone and just deliver her story all at once. So rather than trying to force that, Morton and our team reconstructed the direct examination to allow the client to be the most comfortable telling her story on her own terms.”

Jennifer Friedman
Director of Sanctuary’s Bronx and Manhattan Legal Project

When Morton’s Fellowship at Sanctuary ended, she took Ms. D’s case with her back to Cleary Gottlieb. Ultimately, the case was settled at the eleventh hour on the morning that trial was scheduled with a highly favorable result for the client: an admission to domestic violence from the abuser and a 2-year Order of Protection, as well as consent to full legal and physical custody of the children. After this settlement, Morton stayed actively involved in the ongoing visitation case, which was also finally settled recently. Morton engaged in extensive negotiations with opposing counsel, drafted the final visitation stipulation, and was in constant communication with her client to ensure that the final visitation schedule was safe and enabled her to maintain her work schedule. Finally, after three and a half years of litigation, and Morton’s dedicated advocacy, Ms. D’s cases are resolved.

In Morton’s other major case, she drafted a motion for an extension of an Order of Protection for Ms. O, whose abuser, a convicted pedophile, was seeking visitation with their child. Morton, after leaving Sanctuary, continued on this case as well, successfully arguing the motion before the court in August and obtaining a final 2-year extension for the client.

In both the quality of her trauma-informed advocacy and her long-term dedication to her clients, Morton has truly gone above and beyond. Sanctuary is delighted to recognize Morton for her outstanding work on these cases.

Join us at our Above & Beyond Awards Ceremony on November 2, 2022, as we honor Morton and Cleary Gottlieb’s outstanding pro bono work.

PURCHASE TICKETS

If you can’t join us, but would like to support Sanctuary’s work, please consider making an Above & Beyond donation here.

Romy Felsen-Parsons is Pro Bono Project Assistant at Sanctuary for Families.

Cravath Team Secures Parole for Incarcerated Survivor of Gender Violence

Romy Felsen-Parsons

At this year’s Above & Beyond Awards, Sanctuary will honor a Cravath team for their dedicated advocacy on behalf of “Monica”.

At this year’s Above & Beyond Awards, Sanctuary for Families will be honoring Cravath’s David Stuart and Angel Valle for their trauma-informed advocacy and commitment to successfully helping “Monica,” an incarcerated survivor of gender-based violence, to secure parole.

Parole preparation with an incarcerated survivor can facilitate incredibly meaningful moments in an attorney’s pro bono work, should they take the opportunity and put in the work to bond with their client and truly work to understand their lived experiences. Cravath’s David Stuart and Angel Valle certainly did this and more in the parole preparation they conducted with their client, “Monica,” over the course of about a year. When Monica was granted parole and released after nearly 25 years of incarceration, “Team Monica,” as she had taken to calling the pair of attorneys, drove up to meet her with supplies and to take her for her first meal outside prison in over two decades.

When Angel and David met Monica, she was incarcerated for the first-degree murder of her extremely abusive former husband. The physical abuse Monica experienced at the hands of her husband resulted in numerous hospitalizations. On one terrifying occasion, her husband put a gun to her head and pulled the trigger twice – only then did she learn that the gun had not been loaded. In addition to this severe trauma, Monica had already survived and witnessed extreme abuse from childhood and throughout her entire life. However, during her time in prison, Monica not only worked on unpacking and healing from this trauma but also consistently pushed herself to excel, taking over 20 classes and programs ranging from animal caretaking (Puppies Behind Bars) to faith-based learning (Women and the Bible) to doula training, while also working in the prison’s law library.

Needless to say, Monica was traumatized from a lifetime of violence and victimization, including at the hands of the criminal legal system, and needed significant support and patience. As her legal team, David and Angel had two main tasks: to create a compelling parole packet for Monica and to prepare her for her long-awaited appearance before the Parole Board. As mentioned in a previous post, in New York State, incarcerated individuals are not entitled to legal representation in their parole hearings. The onus falls entirely upon them to convey their remorse and rehabilitation, while simultaneously discussing a highly traumatic incident in their lives and responding to difficult questions from the Parole Board. Angel and David met with Monica to conduct mock hearings and were thrilled when they heard that her appearance before the Parole Board had been a success.

Reflecting on the experience, Angel notes, “Monica waited 25 years to tell her story to the Parole Board so it was important for her voice and perspective to drive the case.  She was not just a client but a valued member of our team, contributing legal insight she gained from being incarcerated and from working in the law library.  Since her release, Monica has remained a part of our team, visiting the Cravath office to share her experience and knowledge with the firm’s Incarcerated Women’s Initiative.”

“The Cravath team represented Monica with incredible enthusiasm and compassion. At every stage, they approached the case with both trauma-informed practice and zealous advocacy … certainly ‘Above and Beyond’ in every sense.”

Ross Kramer
Director of Sanctuary’s Incarcerated Gender Violence Survivors Initiative

Sanctuary is thrilled to honor Angel and David for their outstanding legal abilities and dedication to their client.

Join us at our Above & Beyond Awards Ceremony on November 2, 2022, as we honor Cravath’s outstanding pro bono work.

PURCHASE TICKETS

If you can’t join us, but would like to support Sanctuary’s work, please consider making an Above & Beyond donation here.

Romy Felsen-Parsons is Pro Bono Project Assistant at Sanctuary for Families.