Paul Hastings Team Helps Young Siblings Secure Special Status, Avoid Deportation

Louisa Irving

At this year’s Above & Beyond Awards, Sanctuary for Families is honoring a team of attorneys from Paul Hastings for their persistent advocacy in helping Alejandra and Diego successfully petition for Special Immigrant Juvenile Status (“SIJS”) and continue on the path toward obtaining legal permanent resident status in the United States.

Louisa Irving is an attorney and a member of Sanctuary’s Pro Bono Council. 

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At this year’s Above & Beyond Awards, Sanctuary is honoring a team of attorneys from Paul Hastings for their persistent advocacy in helping Alejandra and Diego successfully petition for Special Immigrant Juvenile Status (“SIJS”), thereby allowing these siblings to avoid deportation and continue on the path toward obtaining legal permanent resident status in the United States.  The team consisted of Paul Hastings Senior Counsel & Global Pro Bono Chair Brian P. Morgan, Of Counsel Susan Wade, Associate Eduardo Gonzalez, and Associate Zachary S. Zwillinger; as well as former associates Jeanette Kang (now an AUSA) and Aisling Murray (now at O’Melveny & Myers LLP).

In mid-2016, siblings Alejandra and Diego arrived at the southern border of the United States with their mother and another sibling, after courageously making the journey from their home in Guatemala to escape life-threatening violence, verbal, and emotional abuse by their father.  After being released from detention on the border, this family unit traveled to New York in search of stability and security.  Alejandra and Diego’s mother found work and began to build a new life for her children.  She connected with immigration attorneys at Sanctuary for Families, who placed her case with the team at Paul Hastings.  The team from Paul Hastings continues to work on a domestic violence-based asylum claim on behalf of Alejandra and Diego’s mother, listing her children as derivative beneficiaries, but is being honored now for its zealous and compassionate advocacy helping Alejandra and Diego secure SIJ Status.

In the spring of 2019, the team from Paul Hastings started preparing tandem SIJS cases for Alejandra, now 10 years old, and Diego, now 19 years old.  First, the team obtained Guardianship and Special Findings Orders from Queens Family Court.  This was no easy feat and required three grueling hearings before a Referee who asked pointed questions of Alejandra, Diego, and their mother.  The team made it a priority to both prepare the family for what to expect during these hearings, and to debrief with the family following these adversarial and emotionally-difficult hearings.  After obtaining the predicate Guardianship and Special Findings Orders, the team from Paul Hastings filed SIJS applications on behalf of Alejandra and Diego with USCIS and received approvals in June 2020.  The indefatigable and effective advocacy of the team from Paul Hastings lifted the threat of deportation that loomed over this family.  Now, Alejandra and Diego are able to enjoy the stability and tranquility of a life their mother courageously fought to give them.

Pooja Asnani, Director of Sanctuary’s Immigration Intervention Project, who nominated the team from Paul Hastings, described them as incredibly dedicated and “undeterred” in the face of very challenging circumstances in Queens Family Court.  For Paul Hastings, it was a true team effort as this pro bono team was comprised of experienced and more junior litigators, as well as corporate attorneys.  The team worked closely and concurrently on the asylum and SIJS matters, and were amazed by the support from Sanctuary staff, who they described as “phenomenal people.”

In the words of Corporate Department Associate Eduardo Gonzalez, who has worked with Sanctuary on a number of immigration cases, the best part of this work is “sharing the good news with the client and seeing the relief and joy in their eyes.”

 “That’s why I will always do immigration work. . . It is such a refreshing change of pace to be touching someone’s life.”  — Eduardo Gonzalez, Associate. 

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Join us at our virtual Above & Beyond virtual celebration on October 29, 2020, as we honor Paul Hasting’s outstanding pro bono work. Click here to RSVP for free.

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

Take Action During Domestic Violence Awareness Month

Sanctuary for Families

The Coronavirus pandemic has put a spotlight on domestic violence, and led to a surge in reported cases across the country and around the world. With the possibility of a second wave of COVID-19 cases and shutdowns looming this winter, we must act now.

The Coronavirus pandemic has put a spotlight on domestic violence, and led to a surge in reported cases across the country and around the world. With the possibility of a second wave of COVID-19 cases and shutdowns looming this winter, we must act now.
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October is Domestic Violence Awareness Month (DVAM), a time when we join fellow advocates to educate our communities about the dynamics of abusive relationships so that every New Yorker is equipped to identify abuse and access support or refer services to those in need — and the need right now is great:
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Learn how you can support survivors during Domestic Violence Awareness Month:

Attend a Virtual Event

Join Sanctuary, fellow service providers, advocates, and supporters during the month of October.
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Learn About Domestic Violence and How We’re Adapting under COVID-19

Browse our website and read our latest blog posts to better understand the various forms domestic violence takes and how Sanctuary is meeting this moment and addressing the urgent needs of survivors during this pandemic.
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Request a Training

Our staff and survivor leaders are available to lead virtual trainings for community members and groups including schools, hospitals, law enforcement, courts and judges, faith communities, and cultural groups who are interested in learning how to identify and support survivors.
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Wear Purple and Speak Out on Social Media

On NYC Go Purple Day (2020 date TBD), New Yorkers are encouraged to wear purple as a way to spark conversation and awareness about domestic violence. We won’t be able to gather in person so instead, we’re asking you to participate by taking a selfie wearing purple. Send your photo to info@sffny.org and answer the prompt: Today, I wear purple [for/because/to] _______. We’ll share your photos on Go Purple Day. You can also post on your own social media and tag us on Instagram and Twitter @sffny or on Facebook and LinkedIn @sanctuaryforfamilies.
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Donate to Sanctuary

Our services have been a lifeline to survivors quarantining with abusive partners and families struggling with the economic challenges of the pandemic. During New York’s lockdown, our shelters remained open. Make a donation today in honor of the essential workers who ensure our shelters remain open and safe havens for those leaving abusive situations.

MAKE A GIFT

By taking action today, you’ll help us shine a light on domestic violence. We hope you will join us. 

Holland & Knight Team Helps Trafficking Survivor Vacate her Criminal Conviction

Todd Schmid

At this year’s Above & Beyond Awards, Sanctuary for Families is honoring a team of attorneys from Holland & Knight LLP for their compassionate and devoted pro bono assistance on behalf of  “Melanie,” an immigrant survivor of human trafficking.

Todd Schmid is Senior Legal Counsel at HSBC and Co-Head of HSBC’s U.S. Pro Bono Program. He is a member of Sanctuary’s Pro Bono Council.

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At this year’s Above & Beyond Awards, Sanctuary for Families is honoring a team of attorneys from Holland & Knight LLP for their compassionate and devoted pro bono assistance on behalf of  “Melanie,” an immigrant survivor of human trafficking. The team included Rob Bernstein, partner, Holland & Knight LLP; Ellen Marcus, attorney, Holland & Knight LLP; Sheila Hayre, consultant and professor of law at Quinnipiac University; and Krishna Patel, consultant. 

While states have advanced laws to punish and deter human traffickers, shortfalls in the criminal justice system remain.

Too often, survivors find themselves burdened by criminal convictions which have a domino effect on their ability to rebuild their lives, even after escaping their traffickers. For non-citizen survivors, convictions adversely affect their immigration status (or ability to obtain relief) and can subject them to deportation risk. Survivors with a criminal record are often unable to secure meaningful employment, education, or housing, overwhelming their ability to move forward and build lives free from exploitation.

Sanctuary’s client Melanie, a Taiwanese trafficking survivor who was arrested in Connecticut for prostitution while being trafficked, was determined to vacate her conviction. “Melanie bravely took the initiative to cooperate with law enforcement to investigate her traffickers,” noted Amy Hsieh, Deputy Director of Sanctuary’s Anti-Trafficking Initiative. “She then successfully obtained a T nonimmigrant status.” Yet as Ms. Hsieh pointed out, Melanie still faced barriers resulting from her trafficking – a basic internet search for Melanie’s name still yielded conviction results, and only successful vacatur could clear her public record.

Holland & Knight’s Ellen Marcus and Rob Bernstein began working closely with Melanie in the fall of 2017 to request vacatur from the Connecticut court of a conviction tied to her trafficking. Despite its existence on the books, the vacatur statute had not yet been tested in the Connecticut courts, and there was no clear-cut procedure for placing this type of case on the state docket. When they brought Melanie’s well-researched case to the attention of the Connecticut Office of the State’s Attorney, the diligent work that Ellen and Rob put in paid off, and the state’s attorney, seeing its merits, took the case forward with the papers that the Holland & Knight team prepared, yielding a successful result for Sanctuary’s client. “Working on Melanie’s case highlighted how enormous this bureaucracy is and how difficult it is to navigate even for those with legal training,” noted Rob. Charting new territory required diligence, patience, and a thoughtful, collaborative approach.

In reflecting on their work, Rob and Ellen emphasized the lasting influence that pro bono work can have on clients. “This case underscores just how important it is for lawyers and law firms to do pro bono work,” said Rob. “Clients are not always going to find the right resources on their end. Many are dealing with threats to their health and safety and will never have the chance to dig themselves out. Lawyers are told to stay in their area, to not take risks.” Yet Ellen and Rob encourage fellow lawyers to roll up their sleeves and to be unafraid to act boldly on behalf of clients. “Even if it isn’t your primary area of expertise, with a bit of training, you can achieve rewarding results,” said Ellen. “Don’t hold back.”

Their story shines a light, too, on the power of collaboration. Ellen and Rob were keen to involve experts early on. To make Melanie’s case as strong as they could, they contacted Krishna Patel, a seasoned former federal prosecutor and an active member of numerous human trafficking task forces, and Sheila Hayre, professor of law at Quinnipiac University with expertise in immigration law and human trafficking, for their guidance and support. Seeing Melanie’s situation as a marquee example of the vacatur law’s true intent, both enthusiastically rose to the occasion. “There’s work to be done in training law enforcement that instead of thinking of someone as a ‘prostitute’ engaged in criminal activity, someone they find on the streets could be a trafficking victim,” Krishna observed. While the process of vacating a criminal conviction can itself be nuanced and sometimes contentious, the intrinsic link between Melanie’s victimization as a trafficking survivor and the conviction for prostitution made her case, in Krishna’s mind, an obvious one to take forward.

The pro bono team highlighted just how contagious Melanie’s collaborative spirit was. And Melanie was quick to shine a light on the effect their work will have as she continues to rebuild her life:

“Each of you made it a reality. I sincerely thank each of them for helping vulnerable people like myself. Because of the team, I will live a good life, and one day hope to pass on the love, kindness, and compassion that they have shown me.” — Melanie.

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Join us at our virtual Above & Beyond virtual celebration on October 29, 2020, as we honor the outstanding pro bono work of Ellen, Rob, Krishna, and Sheila. Click here to RSVP for free.

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

“We won’t settle for tokens.” Remembering the Great Ruth Bader Ginsburg

Sanctuary for Families

A giant of American jurisprudence and a relentless champion for the rights of women and minorities, Justice Ginsburg embodied the values that lie at the core of Sanctuary’s mission to end gender-based violence.

We at Sanctuary for Families join in mourning the loss of Ruth Bader Ginsburg, a pioneering advocate for civil rights and gender equality and a jurist of historic stature. We commit ourselves to honor her legacy by carrying on her work and protect it from being undone.

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Ruth Bader Ginsburg, a true feminist icon and tenacious dissenter, paved the road for women in law and changed the culture for women in America. A daughter of a Russian immigrant, she began her legal career in 1956 at Harvard as one of only nine women who were famously shamed for “taking the place of a man” within a class of about 500. Two years later, she transferred to Columbia Law School, where she became the first woman ever to be on two major law reviews — the Harvard Law Review and the Columbia Law Review — and graduated in 1959 at the top of her class.

In 1963, at a time when there were less than 20 female law professors in the United States, Ginsburg landed a teaching job at Rutgers Law School and eventually received tenure. By the early 1970s, she had co-founded the groundbreaking Women’s Rights Law Reporter and transferred to Columbia Law School, where she became the first tenured female professor in 1972. That same year, Ginsburg co-founded the ACLU’s Women’s Rights Project. Between 1973 and 1976, in her role as director, Ginsburg argued six gender discrimination cases before an all-male Supreme Court. She won five of them, transforming the constitutional understanding of gender and creating the legal framework for preventing discrimination “on the basis of sex.”

Justice Ruth Bader Ginsburg receiving Sanctuary’s 2002 Abely Award for Leading Women and Children to Safety.

After thirteen years of service on the DC Court of Appeals, in 1993, Ginsburg became the second woman ever appointed to the Supreme Court. Over the course of her 27 years on our nation’s highest bench, Ginsburg brought her constitutional analysis to arduously defend women’s and civil rights. In the landmark case United States v. Virginia, Ginsburg authored the Court’s opinion which struck down the  long-standing male-only admission policy of the Virginia Military Institute and any law that “denies to women, simply because they are women, full citizenship stature — equal opportunity to aspire, achieve, participate in and contribute to society.”

Even when in the minority, Justice Ginsburg’s analysis could bring about change. Her masterful dissent in the court’s opinion on Ledbetter v. Goodyear inspired the 2008 Lilly Ledbetter Fair Pay Act, a statute that put an increased burden on employers so that employees were better able to make for pay discrimination.

Most recently, she joined the majority for Whole Woman’s Health v. Hellerstedt, a case that struck down parts of a Texas law that placed restrictions on the delivery of abortion services. In her concurring opinion, Ginsburg argued that it was “beyond rational belief that [such regulations on abortion providers] could genuinely protect the health of women, and certain that the law ‘would simply make it more difficult for them to obtain abortions.”

The Honorable Judith S. Kaye, 1997 Abely Honoree, and Justice Ruth Bader Ginsburg at Sanctuary’s 2002 Abely Awards.

Eighteen years ago, Sanctuary had the honor to present Ruth Bader Ginsburg with the Maryellen Abely Award for Leading Women and Children to Safety— an award given annually to a person who has worked for the empowerment of women through the legal system and shares the compassion, energy, and dedication for which we remember Maryellen Abely, one of our first pro bono attorneys. While presenting Justice Ginsburg with the award, we offered the following tribute:

“Through intellectual force, you have changed our world. For the women and children at Sanctuary for Families, relief from the legal disabilities imposed by marriage and gender makes possible their escape from the emotional, physical and economic oppression wrought by their abusers. Without your work, ours would not be possible. For your vision, persistence and effectiveness, we confer upon you our highest honor.”

A giant of American jurisprudence and a relentless champion for the rights of women and minorities, Justice Ginsburg embodied the values that lie at the core of Sanctuary’s mission to end gender violence. It is up to us to create her legacy and to continue her work to ensure the “equal citizenship stature of [all] men and women”, regardless of race, creed, or origin. At Sanctuary for Families, we recommit ourselves to that vision in her honor.

May her memory be a revolution.