Freshfields Team Fights for Survivor of Labor Trafficking and her Family

At this year’s Above & Beyond Awards, we’re honoring a team of attorneys from Freshfields Bruckhaus Deringer for their dedicated advocacy on behalf of “Anna,” a labor trafficking survivor from Guatemala. Read to learn more.

Carolin Guentert is a clinical teaching fellow in the Domestic Violence Clinic at Georgetown University Law Center. She is also a member of Sanctuary’s Pro Bono Council.

At this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, Sanctuary for Families is honoring a team of attorneys from Freshfields Bruckhaus Deringer for their dedicated advocacy on behalf of “Anna,” a labor trafficking survivor from Guatemala. Anna endured significant abuse at the hands of her trafficker: he held Anna captive in his home for nearly a year, raped her repeatedly, and forced her to turn her wages over to him. She finally escaped with the help of a restaurant co-worker, “Miguel,” whom she later married.

The Freshfields team included counsel Anahita Thoms (formerly of), senior associates Lupe López and Mia White (formerly of), associates Kathy Ibarra and Christopher Stucko (formerly of),and paralegal Whitney Hoyos (formerly of). The team represented Anna and Miguel in their applications to obtain T-visas.  After they were approved for T-visa status, the trafficker found and confronted Anna and her husband. The Freshfields team remained dedicated to keeping Anna and Miguel safe and helped ensure a conviction against the trafficker.

Trafficked

Anna was a single mother in Guatemala and struggling economically. When a man from her village offered her a job in a restaurant in the United States, Anna agreed to move to support her family. Unfortunately the man turned out to be a trafficker, who subjected Anna to extreme abuse.

After Anna’s grueling 40-day journey to the United States, her trafficker immediately took her captive. He locked her in his house for almost a year, forcing her to do cooking and housework for him with no pay. He repeatedly raped Anna and monitored her every move.

Anna’s trafficker told her that she owed him money for the cost of being brought to the United States, and that she could pay off her debt by working in a restaurant. She had to turn over all of her wages to him and was charged significant interest.

Escape and T-Visa Application

After nearly a year of living in fear and isolation, Anna confided in her co-worker, Miguel, who was a cook at the restaurant. Miguel ended up helping Anna escape, and let her stay in his home. After surviving this experience, Anna and Miguel eventually fell in love and had a baby together. They got married at a ceremony held in Sanctuary’s office, officiated by Sanctuary’s Executive Director Judge Judy Harris Kluger.

Lori Cohen, Director of Sanctuary’s Anti-Trafficking Initiative, referred Anna’s case to Freshfields, who quickly put together applications for T-visa status for Anna and Miguel. With the dedicated help from the Freshfields team, Anna and Miguel were approved for T-visa status in 2017.

Freshfields was also able to obtain T-visa status for Anna’s children, and is currently working to bring the children to the United States. Kathy Ibarra, an associate on the Freshfields team, recalls,

“Anna’s case was my first pro bono matter when I joined Freshfields, and it’s been great representing her ever since and forming a relationship with her.”

Confronted by Her Abuser

While Anna’s application for T-visa status was still pending, her trafficker found her and began harassing her and Miguel. But whenever Anna and Miguel tried to get help from law enforcement, they were met with resistance, likely because law enforcement was unfamiliar with labor trafficking.

The Freshfields team helped Anna and Miguel file complaints against Anna’s trafficker, accompanied them to multiple hearings, and advocated to the judge and prosecutor. The trafficker was eventually convicted of harassment, which, Kathy recalls, “empowered the client. It was important to her to be in court, to see that justice was brought against her trafficker.” Says Lori Cohen,

“Freshfields did a great deal to educate the judge and the prosecutor on the issue of labor trafficking, and created a safety net for this client.”

Reflecting on her experience, Kathy explained,

“Both Lupe and I are children of immigrants. It’s been so important to us to help other immigrants navigate the legal system, especially in light of the current immigration crisis in this country.”

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Join us at our Above & Beyond celebration on November 13, 2018, at the RUMI Event Space, 229 W 28th St, New York, NY as we honor Freshfields’ outstanding pro bono work.  You can buy tickets here

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

Alston & Bird attorney’s support and advocacy on behalf of domestic violence survivor enables client to find peace and safety

At this year’s Above & Beyond Awards, we’re honoring an attorney from Alston & Bird for her pro bono work in support of Maya, a survivor of domestic violence. Read to learn more.

Louisa Irving is a Co-Chair of the PBC.

Sometimes a victory isn’t just about a win in court, it is about supporting your client and giving them the tools and encouragement they need to make the decision that is best for them.  In Maya’s case, victory was having the strength to withdraw her order of protection petition against her abuser so that she could move forward with her life and free herself from a long and re-traumatizing family court experience.  Maya was empowered in making this decision by the compassionate and persistent advocacy of Elizabeth (Liz) Buckel, Senior Associate at Alston & Bird LLP and recipient of a 2018 Above & Beyond Pro Bono Achievement Award

Extreme Abuse

For years, Maya suffered extreme physical and verbal abuse by her boyfriend Ray.  In addition to punching, shoving, and pulling Maya’s arm out of its socket, Ray repeatedly flipped the couch while Maya was laying down, causing her to sustain successive head injuries that eventually led to seizures.  One night in 2015, Ray became extremely violent again and Maya fled to her office to sleep because it had 24 hour security.  That night, Ray repeatedly called her and left multiple abusive and threatening voicemails. Fearing for her life, Maya filed a complaint with the police.  Criminal charges were brought against the abuser, resulting in a guilty plea and settlement that included a two year criminal order of protection.

Still terrified of Ray, Maya hoped for a longer order of protection from Family Court—given the extensive abuse and the physical injuries, Maya was likely entitled to a five-year civil order of protection.  Thankfully, Liz volunteered to represent Maya and, under the supervision of Betsy Tsai, Director of Sanctuary’s Courtroom Advocate’s Project, assist with her petition for a civil order of protection from Staten Island Family Court.  In early 2016, Liz filed a detailed petition and the case was set for trial.

Trial Delays Lead to More Pain

Over the next two years, the trial inched painstakingly forward in 10 to 15 minute increments.  Although an appearance would be scheduled for a time certain, Liz, Maya, and Betsy would wait for hours in the small Family Court waiting room, only to be called in and informed that their hour-long time slot had been reduced to mere minutes before the Judge.  For each court appearance, Maya had to take a full day off of work, mentally prepare herself to confront Ray both in the tiny waiting room and in the courtroom, and recount the details of the violence she endured.

Maya struggled with understandable anger and anxiety as she processed the trauma of her years of abuse, making each court appearance and the days leading up to that appearance incredibly difficult.  Sensitive to Maya’s emotional state and the impact that it was having on her life and her ability to testify, Liz referred Maya to counseling services at Sanctuary for Families.  Liz also served as a comfort to Maya, calmly reassuring her in the days before and after each appearance. According to Betsy,

“[Maya] felt totally understood and empowered, due in large part to Liz’s consistency and understanding approach.  She was always there for the client, and the client knew that.”

In addition to providing Maya the support she needed, Liz was a skilled and fierce advocate for her client.  Liz fought hard to end the constant trial delays that were taking such a toll on Maya.  She filed a creative motion for judgment as a matter of law seeking to have the abuser’s plea in criminal court recognized as an admission to a family offense.

The motion was denied and the trial dragged on. Recognizing the harm this was doing to her client, Liz attempted to settle the case, but the abuser refused.  In the meantime, over the course of several court appearances, Liz conducted a powerful direct examination of Maya that included playing aloud, over opposing counsel’s objections, the terrifying voicemails left on that December night when Maya fled her home.  She also elicited detailed testimony about the numerous incidents of abuse.

Finding Peace

After Maya’s examination was complete, the case faced yet another delay.  Opposing counsel announced that he needed to withdraw from the case and Ray retained new counsel, who decided to move for a mistrial after noting that the transcripts from the proceedings indicated some “inaudible” testimony.  Liz filed a strong response opposing the motion for mistrial, but despite the fact that the inaudible pieces of testimony were minimal, the court messaged to the parties that it was inclined to declare a mistrial.

After more than 2 years of seeking relief from the Family Court, Maya was faced with a difficult choice: begin this painful process again at square one or withdraw her case.  In light of the active criminal order of protection, the toll that the trial was taking on Maya, and the inevitable stress of starting all over again, Liz worked very closely with Maya so that she could understand and weigh her options.  Maya ultimately determined that she did not want to proceed with her case.

Because Liz invested so much time and energy in developing a relationship with Maya, tuning into her needs and wishes, and building trust, she was able to support Maya through the court proceedings and the decision to withdraw her case. According to Betsy,

“Liz had the perfect balance of both, litigating the case at a very high level, while also understanding the dynamics of domestic violence in a way that enabled the client to trust her and rely on her for years.”  In her nomination of Liz for this Above & Beyond award, Betsy wrote: “The legal work, which was excellent, is not why I think Liz deserves this award.  She was committed to this case and to this client in a way that was remarkable.”

Reflecting on her experience, Liz says that on a professional level, working on Maya’s case taught her how to be a trial attorney in family court. On a personal level, working on Maya’s case was a real eye opener to the ways the judicial process can wear down a victim.  But according to Liz, when she and Maya rode the ferry after that final court appearance, she “never saw her look so happy and free.”

Join us at our Above & Beyond celebration on November 13, 2018, at the RUMI Event Space, 229 W 28th St, New York, NY as we honor Liz Buckel’s outstanding pro bono work.  You can buy tickets here

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

WSGR Team Triumphs in Trafficking Case

At this year’s Above & Beyond Awards, we’re honoring a team of attorneys from Wilson Sonsini Goodrich & Rosati for their committed and compassionate advocacy on behalf of “Elizabeth”, a trafficking survivor. Read to learn more.

Claire Stubbe is a Senior Associate in Arnold Bloch Leibler’s Litigation and Dispute Resolution group Melbourne, Australia. She is also a Master of Laws Candidate at the University of Melbourne, Australia.

At this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, Sanctuary for Families is honoring a team of attorneys from Wilson Sonsini Goodrich & Rosati for their committed and compassionate advocacy on behalf of “Elizabeth”, a trafficking survivor. 

The WSGR team has worked tirelessly with Elizabeth for more than three years, assisting her and her husband to obtain T nonimmigrant status and to vacate multiple criminal convictions that Elizabeth accrued as a result of being trafficked.

The WSGR team continues to advocate passionately for Elizabeth. They plan to assist her and her husband to apply for lawful permanent residency and they continue to facilitate her cooperation with the U.S. Department of Homeland Security, Immigration and Customs Enforcement in its human trafficking investigations.  

The WSGR team includes Tonia Klausner (Partner), Justin Cohen (Associate), Jason Mollick (Associate), Lee Ann Almeida (Paralegal) and Melisa Desperak (Paralegal).

Elizabeth’s Story

Elizabeth was lured to the United States from Mexico by her trafficker, a man from her neighborhood whom she believed was her loving boyfriend. After arriving in the United States, however, Elizabeth’s dreams were shattered. Her “boyfriend,” an experienced trafficker, forced her into prostitution using brutal tactics of abuse and manipulation. Elizabeth eventually escaped her trafficker but was tragically deceived and trafficked by a second pimp who beat her viciously and drove her back to prostitution.

After years of abuse and exploitation, Elizabeth was arrested and deported to Mexico. Elizabeth returned to her hometown but was ruthlessly stalked and threatened by her first trafficker and his family. Fearing for her life and the safety of her family in Mexico, Elizabeth fled to the United States, where she was ultimately connected with Sanctuary for Families and, subsequently, with WSGR. 

Rebuilding with WSGR

The WSGR team began working with Elizabeth in 2015 to help her obtain T nonimmigrant status. At that time, Elizabeth was severely traumatized as a result of her horrific trafficking experiences. Elizabeth was terrified of men and, in particular, men she perceived as holding positions of power. Because of her trauma, at first Elizabeth did not feel comfortable discussing her experiences with the WSGR male attorneys.

Over time and with the assistance of Sanctuary for Families, WSGR worked tirelessly but sensitively to gain Elizabeth’s trust and to learn and understand her struggle and story. While the process was slow and delicate, WSGR ultimately forged a strong and fruitful relationship with Elizabeth. By her choice, Elizabeth began to work with the entire team and became empowered as she forged mutually respectful relationships with the male associates.

When reflecting on the early days working with Elizabeth, WSGR Associate Justin Cohen commented:

“It was certainly a challenge working with Elizabeth at the outset. She had suffered so much trauma and there was such incredible fear underlying her whole case. We needed to establish a bond and earn her trust. It was a slow process but, eventually, she looked to us as a resource to help rebuild her life; it was a remarkable transformation.”

With WSGR’s help, Elizabeth obtained T nonimmigrant status in the United States. She was also able to establish a strong and loving relationship with a man who is now her husband and the father of her two little boys. Happily, WSGR also succeeded in securing Elizabeth’s husband T derivative status, so that the couple can continue to build a life together in the United States.

Jessica-Wind Abolafia, a Senior Staff Attorney at Sanctuary for Families who supervised the team remarked:

“From the beginning, the Wilson Sonsini Team demonstrated great initiative, sensitivity and dedication. They have been a ‘dream team’ to work with and an ideal match for the client.”

The Partnership Continues

WSGR is still advocating relentlessly and passionately for Elizabeth. More recently, the team has helped her to vacate her prostitution-related convictions in New York State and is now seeking vacatur of similar convictions in New Jersey.

As WSGR Associate Jason Mollick explains,

“We filed successful vacatur motions in New York and have a further motion pending in New Jersey, which is one of the first applications of its kind in that State. We are hopeful that, soon, Elizabeth’s entire record regarding trafficking-related offenses will be entirely clean, as it should be. For Elizabeth, this is a completely unanticipated but very welcome development; it is an important part of rebuilding her life and forging a future here in the United States.”

WSGR is also assisting Elizabeth to cooperate with U.S. Immigration and Customs Enforcement in its ongoing investigations of large scale human trafficking rings.  Finally, the WSGR team is committed to continuing to represent both Elizabeth and her husband in their applications for lawful permanent residency in the future.

In short, despite numerous hurdles, WSGR’s commitment to Elizabeth’s plight did not falter. The team showed tremendous dedication to their client and as a result of that persistence and passion, WSGR has achieved incredible outcomes for Elizabeth.

Looking back at WSGR’s work with Elizabeth, Partner Tonia Klausner reflected,

“Elizabeth’s case was the first trafficking work our office had taken on. We were incredibly eager to help Elizabeth, but also a little nervous, given we did not have an established track record in the area. Initially, we only envisaged assisting Elizabeth with the T-visa application process but, before long, we had all fallen in love with her. She is one of the strongest most resilient people I have ever met. Since then, we have worked to support Elizbeth in a variety of different ways. We are committed to continue that relationship as she moves towards the T-adjustment application process.”

A Promising Future

Elizabeth continues to heal from her trauma and rebuild her life in the United States. She has completed vocational training and English courses through Sanctuary for Families, is in a happy and stable relationship with her husband and is a proud mother of their sons. For the first time in as long as she can remember, Elizabeth is a free woman looking forward to her future with her family.

Join us at our Above & Beyond celebration on November 13, 2018, at the RUMI Event Space, 229 W 28th St, New York, NY as we honor WSGR’s outstanding pro bono work.  You can buy tickets here

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

Proskauer attorneys file a compelling amicus brief to protect child from his abusive father and others like him

At this year’s Above & Beyond Awards, we’re honoring a team of Proskauer attorneys for their pro bono work in support of Sanctuary’s efforts to persuade an appellate court that it should not return a child to an abusive father because his pattern of domestic violence. Read to learn more.

Adam Snyder is a Pro Bono Intern at Proskauer Rose LLP and is currently an undergraduate student at Columbia University. Erin Meyer is Proskauer’s Pro Bono Counsel and a graduate of Columbia Law School.

At this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, Sanctuary for Families is honoring a team of Proskauer attorneys for their pro bono work in support of Sanctuary’s efforts to persuade an appellate court that it should not return a child to an abusive father because his pattern of domestic violence against the child’s mother posed a grave risk of harm to the child. 

Proskauer associates William Dalsen and Jim Anderson skillfully marshaled social science evidence in a compelling amicus brief educating the court about the effects of pre- and post-separation power dynamics on children.

Fleeing from Abuse

After suffering years of debilitating psychological abuse and ever-increasing violent behavior from her five-year-old son’s father, Carolyn[1] and her son Bobby had no choice but to escape from St. Martin to the United States.

However, after Carolyn escaped in 2016, the father filed a petition in the U.S. District Court for the Southern District of New York under the Hague Convention on the Civil Aspects of International Child Abduction, demanding that Bobby be returned to him in St. Martin.

Following a grueling trial, the District Court found that forcing Bobby to return to St. Martin would pose a grave risk of harm—a high threshold to meet under Hague Convention case law—and that Bobby should remain in the U.S. with his mother. But Bobby’s father appealed the decision to the U.S. Court of Appeals for the Second Circuit.

The father’s appeal challenged the District Court’s finding that Bobby was in grave risk of psychological harm, arguing that there was no evidence that the father physically threatened Bobby or that Bobby was afraid of the father.  Despite having presented mountains of evidence at trial, the appeal still posed a challenge given that courts across the country have traditionally interpreted the “grave risk” exception to be a very narrow one.

Sanctuary for Families’ goal in filing an amicus brief was to demonstrate through comprehensive social science research that intimate partner violence against a mother not only shows the perpetrator is dangerous to the mother, but poses a grave risk of psychological abuse to a child.  Recognizing the high stakes for Carolyn and her son, Proskauer attorneys William Dalsen and Jim Anderson jumped in to help.

Collaborating with Experts

In response to the father’s petition, William and Jim worked closely with Sanctuary for Families to prepare and submit a compelling amicus brief to the appellate court in support of Carolyn and her son.  The Proskauer duo represented a diverse group of experts and organizations with unique experience and expertise regarding the dynamics of domestic violence, the perpetration of domestic violence before and after separation, and the impacts of domestic violence on victims and their children.

The amicus brief brought the experience and expertise of those organizations and individuals to bear on Carolyn’s case to show why the Second Circuit needed to affirm the District Court’s decision.  The coalition supporting Carolyn and her son included Sanctuary, Legal Momentum, Dr. Jacquelyn Campbell, the Domestic Violence Legal Empowerment and Appeals Projects, My Sister’s Place, University of Oregon School of Law Domestic Violence Clinic, Her Justice, New York Legal Assistance Group, the National Network to End Domestic Violence, Battered Mother’s Custody Conference, Americans Overseas Domestic Violence Crisis Center, and the Lawyer’s Committee Against Domestic Violence.

Reflecting on the process, William recalls,

“Through the amicus brief, we were able to echo and amplify Carolyn’s arguments by showing the Second Circuit how established social science about domestic violence and its effects on children supported the District Court’s decision.”

William and Jim collaborated with the experts supporting Carolyn and her son to turn their collective experience into advocacy—a process that posed an exciting challenge for the attorneys.  According to Jim,

“the process was about finding a way to get all of the experts’ meaningful points into the brief while ensuring that it was an effective piece of legal writing that was going to persuade the Court.”

Sanctuary Pro Bono Director Nicole Fidler, who worked with the team on the brief, was impressed with the way they approached the project:

“From the very first day, William and Jim were eager to learn as much as they could about the dynamics of coercive control, the lethality factors at play in the case, and the effect of intimate partner violence on children.  They read, and gathered from the experts on the brief, an immense amount of information and then skillfully synthesized it all into a brilliant legal advocacy piece.  The learning curve on this was high – and they were more than ready for the task.”

An Assurance of Safety

In December 2017, the Second Circuit affirmed the decision of the District Court to deny the father’s petition, marking a crucial victory for Carolyn and her son.  In part due to William and Jim’s outstanding efforts in preparing the amicus brief, Carolyn and Bobby were able to enjoy a moment of long-awaited and life-changing relief.

When asked about the victory, William explains,

For me, meeting Carolyn and her family in person after the hearing was the most rewarding part of the whole experience. It was an incredible feeling to finally meet this person who we were trying to support at the moment she needed it most.”

Reflecting on the importance of engaging in pro bono work to protect survivors of domestic violence and their children, Jim shares,

Domestic violence is particularly tough because it’s not always visible; people often silently struggle with these issues. By working with Sanctuary for Families, we were able to give a voice to one pair of survivors and hopefully to make a broader impact by educating the court to combat what is a very real and serious problem.”

Join us at our Above & Beyond celebration on November 13, 2018, at the RUMI Event Space, 229 W 28th St, New York, NY as we honor Proskauer’s outstanding pro bono work. 

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

[1] All names have been changed.