Davis Polk & Wardwell LLP Represents Survivor in International Child Abduction Trial Victory

Anastasia Regne

At this year’s Above & Beyond Awards, Sanctuary for Families is thrilled to honor a team of dedicated Davis Polk attorneys.

At this year’s Above & Beyond Awards, Sanctuary for Families will honor Ms. A’s dedicated team of Davis Polk attorneys who achieved a remarkable win in a multi-day federal trial that will help Ms. A and her children stay together in the United States.

The Davis Polk team consists of members from both the New York and Madrid offices, including associates Brendan A. Blase, Mollie E. Hamel, Meredith Manning, James Y. Park, Ryann Moelis, Matthew Stratis Vasilakos, Zoë Smith, Maria Morris, and Paul Shortell; former associate Emma Schwartz; Foreign Associate Jacqueline Berkenstadt; Counsel and Head of Pro Bono Litigation Dara L. Sheinfeld; Chief Pro Bono Counsel Amelia T.R. Starr; and Counsel Ester del Valle Izquierdo.

After Ms. A fled Spain with her two children, her abusive former intimate partner initiated proceedings in both Spain and New York to return the children to him in Spain. Ms. A was determined to remain in New York and maintain the stable and loving environment she had built for her family, and remain with the community that had welcomed her and children in New York, away from the abusive environment in Spain. Ms. A worked with her incredible team of Davis Polk attorneys to quickly prepare for the fast-approaching bench trial to prevent the return of the children to their father.

Shortly after Ms. A’s intake with Sanctuary for Families, Davis Polk assembled a super team of lawyers at all levels to represent her in a proceeding filed pursuant to the Hague Convention on the Civil Aspects of International Child Abduction (the “Hague Convention”) in the U.S. District Court for the Southern District of New York. Davis Polk Associate Zoë Smith described Ms. A as “an incredible woman. She’s so resilient and joyful, and put so much faith and trust in us.” With the trial fast approaching, Zoë and associate Ryann Moelis became very close with Ms. A, learning how to support her from a trauma-informed perspective. “The case only goes as well as your client feels,” Ryann said. Zoë and Ryann worked extensively with Ms. A at her own pace to ensure she was completely comfortable and ready for her testimony at trial. At the same time, Associate Mollie Hamel and other associates engaged in extensive drafting to respond to Ms. A’s former partner’s constant filing of motions. In addition to close client contact and drafting, another benefit Davis Polk’s innovative pro bono team model provides is assigning an associate to each of the witnesses – in this case nine – to be presented at trial. The associates were responsible for preparing the witnesses, drafting outlines, and ultimately for conducting direct or cross-examination. At the beginning of the trial, in order for less seasoned attorneys to gain courtroom experience, Davis Polk requested – and the judge allowed – certain rules and structure to allow associates to address the court and present oral argument while supported by more senior attorneys. As a result, Davis Polk associates developed new skills and gained important training, all while diligently fighting on behalf of Ms. A.

As part of their defense of Ms. A, the Davis Polk team successfully argued that Ms. A’s children were well settled in their new home and community as evidenced by their success in school and sports, regular participation in church activities, and connections with local family.  Additionally, the court agreed with the team’s showing – with the aid of an expert – that Ms. A’s older child was mature enough to have their desire to stay in New York with their mother and sibling considered by the court.  Finally, the court determined that even though Ms. A’s younger child was not mature enough to weigh in on the decision about whether they would return to Spain, the siblings were so bonded that they should not be separated.  Ultimately, the court decided that the children should not be returned to Spain under the Hague Convention and should stay in New York together with their mother to continue to grow and flourish.  Notably, in a footnote in the opinion, the court commended the Davis Polk team “for the vigor and skill with which they litigated this difficult case, and for their donation of substantial time and resources.  Their pro bono work on this case has been in the finest tradition of this District.”

Ms. A and her pro bono team’s work together to successfully obtain the favorable decision will help Ms. A continue to build safety, security, and community for her children.

Nicole Fidler, Director of Sanctuary’s Pro Bono Project, was thrilled when Dara L. Sheinfeld, Counsel and Head of Pro Bono Litigation at Davis Polk, agreed to take on Ms. A’s federal Hague Convention case:

“After Dara and I met with Ms. A a few times to better understand the history of abuse and Ms. A’s possible defenses, Dara enthusiastically agreed to build a litigation team at Davis Polk to represent Ms. A.  Dara and Davis Polk always do a phenomenal job representing survivors, and this was no exception.  This was a powerhouse team that strategically handled every challenge thrown at them throughout the case – and there were many.  I was constantly impressed by their dedication, compassion, and lawyering skills.  This was a hard-fought win, and I am so grateful for all the work they did in partnership with Ms. A, and for everything Davis Polk attorneys do to help survivors of gender-based violence.”

While the district court judge issued a favorable decision for Ms. A and the Davis Polk team, her former partner has appealed the decision to the Second Circuit. Fortunately, Ms. A and the Davis Polk team are already working together on the appeal.

Join us at our Above & Beyond Awards Ceremony on October 25, 2023, as we honor David Polk’s outstanding pro bono work.

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Anastasia Regne is an associate with the Employment, Pensions & Incentives team at Herbert Smith Freehills in New York and a member of Sanctuary for Families’ Pro Bono Council.

DLA Piper’s Elena Rizzo Honored for Devoted Representation in Complex Family Law Matters

Kate Powers

At this year’s Above & Beyond Awards, Sanctuary for Families is thrilled to honor Elena Rizzo, Associate at DLA Piper.

At this year’s Above & Beyond Awards, Sanctuary for Families will be honoring DLA Piper associate Elena Rizzo for her steadfast and devoted representation of multiple clients in complex contested divorce, custody, Order of Protection (“OP”), and appeals cases. 

Elena Rizzo has secured positive outcomes for Sanctuary’s clients through masterful brief writing and successful argument before the First Department in a complicated divorce matter. Most recently, Elena shot into action on a highly complex, lengthy, and time-sensitive contested divorce case where she prepared the case for trial in a matter of weeks.  The case involves a mother of five children whose husband has repeatedly engaged in physical, emotional, and financial abuse.  Just some examples of such abuse include sexually assaulting the mother, failing to pay required child and spousal support, having the mother and children evicted from their home, and constantly violating the OP in the case.

The case was scheduled to go to trial in March 2023 and Elena wasted no time submitting requests for medical, school, dental, and other records for all five of the client’s children, securing copies of prior and current OPs and getting transcripts of prior cases which helped to impeach the client’s abuser.  Armed with as much information as she could get, she immediately turned to trial prep mode.  This involved drafting lengthy direct and cross examinations and preparing dozens of exhibits, including prior court filings, photographs, screenshots of text messages, videos of abuse, copies of police reports, and more.

Though ultimately the trial was rescheduled on the very day it was set to begin, Elena’s work to get this case trial-ready on such a tight timeline was nothing short of remarkable.

Reflecting on this case and Elena’s work, Lindsey Song, Associate Program Director of the Family Law Project at the Queens Family Justice Center explained,

“Elena is extremely dedicated and devoted to her clients and work and immediately shot into overdrive to prepare for an extremely contested and complex custody/OP trial with only weeks to prepare. Despite managing a caseload of her own at her firm, Elena prioritized preparing for the trial and, stunningly, came up with trial-ready exhibits and materials within less than a month of time.”

As to her work with Sanctuary, Elena explained,

“You have a gift when you have a law license. When you do have that gift, you have to make sure that you use that to help others.”

Join us at our Above & Beyond Awards Ceremony on October 25, 2023, as we honor DLA Piper’s outstanding pro bono work.

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Kate Powers is counsel in the White Collar Defense & Government Investigation practice group at Akin’s New York office. She is also a member of Sanctuary’s Pro Bono Council.

Simpson Thacher’s Susan Cordaro Honored for Dedicated Representation of Survivors

Romy Felsen-Parsons

At this year’s Above & Beyond Awards, Sanctuary for Families is thrilled to honor Susan M. Cordaro, Deputy Pro Bono Counsel at Simpson Thacher & Bartlett LLP.

At this year’s Above & Beyond Awards, Sanctuary for Families is honoring Susan M. Cordaro, Deputy Pro Bono Counsel at Simpson Thacher & Bartlett LLP, for her outstanding dedication to helping survivors of gender-based violence and her work with numerous pro bono clients within Sanctuary’s Family Law Project and Matrimonial/Economic Justice Project.

For several years, Susan Cordaro has provided compassionate and skilled legal services to dozens of Sanctuary’s clients, delivering trauma-informed legal advice and representation in a range of cases, including appeals, asylum matters, divorces, custody/visitation cases, and orders of protection.

In addition to representing survivors, Susan leads and coordinates the Sanctuary/Simpson Thacher Family Law Screening Project in the Bronx Family Justice Center (Bronx FJC). For the last several years, Simpson Thacher attorneys have participated in Bronx FJC legal screenings conducted by Sanctuary attorneys, during which Simpson Thacher volunteers take detailed notes and then assist with any follow-up pro se assistance or research that the client may need, including drafting pro se petitions. This Project has enhanced our ability to more significantly serve Bronx FJC clients and meet their needs. Susan’s leadership and commitment to the Project has been invaluable to its success. Susan doesn’t just manage the Project for Simpson Thacher, she also supervises, provides advice, and has herself volunteered to participate in many legal screenings. Susan has become so adept at understanding survivor legal needs that she has even started conducting legal screenings on her own.

Karla George, Associate Program Director of Sanctuary’s Bronx FJC Family Law Project, said,

“Susan’s leadership in supervising our screening clinic in the Bronx with Simpson Thacher has been outstanding and life-changing, supplementing our staff resources and enabling us to provide more and deeper services to clients. I have personally enjoyed this collaboration with Susan, who always shows up with positive energy and cares deeply about our clients. We are eternally grateful to Susan and her pro bono team!”

In addition to her work with the screening project, Susan was also nominated for an Above & Beyond award this year for providing direct representation to multiple survivors. She has been indispensable in many cases, and in particular on appeals from Family Court decisions. Two recent cases provide examples of Susan’s critical work with survivors and their families: a grandparent visitation petition won on appeal after the original petition had been dismissed, and a successful appeal from a final order of custody granted to our client.

In the first case, which Susan staffed in the Appellate Division along with Simpson Thacher  former associate Sara L. Estela, Litigation Counsel Sarah Phillips, and Retired Partner Mary Beth Forshaw, and then subsequently in the Family Court with associates Isabel R. Mattson, Lauren Smith, and former associate Rebecca Sussman, the court had originally determined that the grandmother of one of Sanctuary’s clients did not have standing to seek visitation with her grandson. This was particularly troubling given that the grandmother had helped to care for the child during the early years of his life when his father was either not present or was present but extremely abusive toward the child’s mother and neglectful toward his son. Despite this and as a result of a long and unsettling legal history, the father has full custody over the child while our client tragically lost her green card and is unable to re-enter the US to visit her son. Given these circumstances, being able to guarantee the grandmother’s continued presence in the child’s life was critical to his well-being. After two years, an appellate victory, numerous Family Court appearances after remand, and the commencement of a trial, Susan and the team were able to settle the case on very favorable terms.

Sanctuary Senior Staff Attorney Ruchama Cohen, who worked with Susan on this challenging case, said,

“I’m thrilled to see Susan Cordaro recognized for her exceptional work on behalf of our clients. Her skill in the courtroom is matched only by her compassion for her clients. Susan has been a long-time mentor for me personally, and she is an inspiration to those of us at Sanctuary who are privileged to work with her.”

On the second case, Susan won a successful appeal from a Final Order of Custody granted to a survivor in Bronx Family Court after an extensive, highly contested trial, in which the abusive father was granted only email contact with the child, with no visitation. In response to questioning from the bench during oral argument, Susan strategically suggested a tweak to the Order that was adopted by the Appellate Division and, therefore, saved the Order from being struck or remanded for additional hearings.

Senior Program Director of the Family Law Project, Jennifer Friedman, noted,

“This case was extremely hard fought, over many years. … This client and her daughter were severely traumatized by the father, but also by the case. If this case had been remanded, it would have been devastating to them both.”

Susan’s brilliant brief and litigation skills enabled the avoidance of an otherwise catastrophic outcome for this family. On working with Susan in general, Jennifer said,

“Susan is always available, always endeavors to assist us when we ask; always has a positive attitude, and is delightful to work with.  Her commitment to our clients and our work is amazing!”

Pro Bono Counsel and Director at Simpson Thacher, Harlene Katzman, concluded,

“We are incredibly proud of Susan’s leadership of the family law appeals that anchor her pro bono work with Sanctuary for Families. Through this project, Susan provides invaluable hands-on mentoring and guidance to litigation associates who may be writing an appellate brief and arguing in court for the very first time. Susan’s contributions at Simpson Thacher extend far beyond her family law practice. She is a critical part of our pro bono team, sharing her wisdom, experience, strategic thinking and creative solutions to problems big and small. Congratulations Susan on this very well-deserved honor!”

We are deeply grateful to Susan for the incredible time and energy she has put towards serving survivors of gender-based violence.

Join us at our Above & Beyond Awards Ceremony on October 25, 2023, as we honor Simpson Thacher & Bartlett’s outstanding pro bono work.

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Sullivan & Cromwell: Sanctuary Pro Bono Partner Spotlight

Sanctuary for Families

A spotlight on Sanctuary Pro Bono Partner Sullivan & Cromwell for their team’s outstanding work in securing T-Nonimmigrant Status for a Guatemalan survivor of sex trafficking at the hands of a Customs and Border Patrol agent.

Sanctuary for Families’ Pro Bono Project has the honor of working with hundreds of extremely dedicated and expert pro bono attorneys annually. As part of our new Pro Bono Spotlight, we’ll highlight some of the great work done by Sanctuary pro bono attorneys!

*Please note that this blog contains descriptions of physical and sexual abuse that could be triggering*

Assisting a Survivor Fleeing Domestic Violence and Trafficking

Beginning in 2020, Sanctuary for Families partnered with Sullivan & Cromwell (“S&C”) on an appeal on behalf of a survivor of trafficking at the hands of a Customs and Border Patrol (CBP) agent who grossly abused his position of power over Ms. Aura Hernandez and her young nephew. In 2021, we learned that the appeal was successful and in 2022, Ms. Hernandez was granted T Nonimmigrant Status, which has put her on a pathway to citizenship. This was the culmination of over 15 years of struggle and courage on the part of Ms. Hernandez to ensure safety and security for herself and her family. Sanctuary is honored to have been able to support Ms. Hernandez on that journey, and forever grateful for the outstanding, creative lawyering of the S&C team who represented Ms. Hernandez on her challenging appeal.

Fleeing severe domestic violence in her home country of Guatemala in 2005, Ms. Hernandez and her nine-year-old nephew embarked upon a dangerous two-week journey to Texas that ended within the walls of a detention facility. Already traumatized and terrified, Ms. Hernandez was met with an abusive CBP agent who threatened deportation or family separation of her and her nephew if she did not comply with his forceful demands for sexual acts. In a small room at the detention facility, the CBP agent sexually assaulted Ms. Hernandez, and then failed to timely release her and her nephew. Despite this, Ms. Hernandez and her nephew were ultimately able to continue their journey to New York and she began to settle into a new life. Then, under the Trump administration, a new threat emerged: Ms. Hernandez was informed that she was to be deported back to Guatemala, regardless of the risk this posed to her life.

With this backdrop of fear, in 2018, Ms. Hernandez and her infant daughter moved into a Manhattan church for sanctuary. As she fought to remain in the United States, Ms. Hernandez’s case drew national attention, including coverage by The New York Times and other publications. She redirected that spotlight, becoming an incredible advocate for women and immigrants, speaking out about the inhumane conditions of ICE detention centers and the sexual violence that was rampant within their walls, as well as against the barriers that prevented her and her family from experiencing true safety. “I don’t intend to stand here with my arms crossed and do nothing,” she told The New York Times. “I have to stand up and raise my voice because an injustice is being committed to me and to us. I think I’m here for a reason.”

It was around this time that Sanctuary began working with Ms. Hernandez, helping her file for T Nonimmigrant Status. Sanctuary argued that she was a victim of trafficking at the hands of the CBP agent and that she had, as required to obtain a T-Visa, cooperated with the investigation into the sexual assault (though it had not resulted in any disciplinary action against the agent). However, the visa was denied, throwing Sanctuary into high gear, as notices of appeal and briefs in support must be filed within 90 days of the denial. Sullivan and Cromwell attorneys Olivia G. Chalos, Regina M. Roediger and Sharon Cohen Levin, a longtime Sanctuary pro bono partner and anti-trafficking advocate, jumped in to co-counsel with Sanctuary on the appeal and immediately set to work proving Ms. Hernandez’s eligibility.

Sanctuary Senior Staff Attorney Ines Chennoufi, who worked with the team, explained that the case was “particularly difficult because U.S. Citizenship and Immigration Services (USCIS) argued that Ms. Hernandez did not meet any of the eligibility requirements for a trafficking visa. Typically, at the appeal stage of a case, we only have to argue one discrete area of law or facts. Here, the Sullivan & Cromwell team had to argue that Ms. Hernandez satisfied all of the eligibility requirements for T Nonimmigrant Status.” One of the critical elements that the team had to prove was that Ms. Hernandez was a victim of a severe form of trafficking.

“In order to be eligible for a T-Visa, an applicant must establish that they were a victim of a severe form of trafficking, which includes a ‘commercial sex act.’ USCIS denied Ms. Hernandez’s application in part because it found that the sexual abuse perpetrated at the border was not ‘commercial.”

Ines Chennoufi
Senior Staff Attorney, Sanctuary for Families

The Sullivan & Cromwell team demonstrated incredibly creative and pragmatic lawyering to establish that the sexual act here was coerced in direct exchange for something of immense non-monetary value—freedom from the detention center for Ms. Hernandez and her nephew, and a safer life in the U.S. The team used the decisions in the Harvey Weinstein prosecutions to establish that the definition of a commercial sex act is broad and encompasses more than just monetary gain or something of economic value. They pointed out that in one of the Weinstein decisions, the court found that value can include “promises of career advancement” or the opportunity to meet a world-renowned film producer. These arguments were clearly persuasive–the decision issued by the Administrative Appeals Office (AAO) found that Ms. Hernandez’s safety and liberty, her fear of deportation and her nephew, all constitute things of “value” to her and the CBP agent used them against her to force and coerce her into providing a nonconsensual sexual act.

In the winter of 2021, Ms. Hernandez was informed by the AAO that she had successfully demonstrated she was the victim of a severe form of trafficking and her application was remanded to USCIS. In July 2022, she received the approval notice, granting Ms. Hernandez T Nonimmigrant Status for a period of four years. In three years, she will be eligible to apply for Lawful Permanent Residence (a green card) and eventually for citizenship.

“We are thrilled with this outcome for Ms. Hernandez, and proud to have partnered with Sanctuary’s incredibly talented lawyers on this challenging case.”

Sharon Cohen Levin
Pro Bono Partner, Sullivan & Cromwell

Sanctuary is profoundly grateful to the Sullivan & Cromwell team for being a critical partner in Ms. Hernandez’s fight for safety and security in the U.S. and for all their work on behalf of survivors of trafficking.

Join the team from Sullivan & Cromwell in standing with our clients. Your gift supports Sanctuary’s life-saving work with survivors of gender violence.

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