Stroock Team Honored for Representation of Domestic Violence Survivor

Naina Rasheed

At this year’s Above & Beyond Awards, Sanctuary will honor a Stroock & Stroock & Lavan team for their dedication to representing “Jasmine” in modifying a custody agreement to allow for relocation and obtaining an order of protection against her abuser.

At this year’s Above & Beyond Awards, Sanctuary for Families will be honoring a team from Stroock & Stroock & Lavan for their dedication to representing “Jasmine” in modifying a custody agreement to allow for relocation and obtaining an order of protection against her abuser. The outstanding team representing Jasmine included partner Christopher Guhin, currently with Paul Hastings, and associate Hinako (Hina) Gojima.

Jasmine, a survivor of physical abuse by her ex-partner, including while she was pregnant, received criminal and Family Court Orders of Protection for herself and her son “Quentin” in early 2019.  Sanctuary for Families’ Lindsey Song also assisted Jasmine in a successful custody settlement with Jasmine receiving primary physical and legal custody of Quentin.  After the case was settled, Quentin visited several times with his father until a concerning incident occurred by the father towards Quentin.  Given the safety concern, Jasmine immediately filed for a petition for suspension of visits and an Order of Protection on her and Quentin’s behalf.

After the visits were suspended for several months and amidst pandemic concerns, Jasmine thought it was best for her and Quentin to quickly relocate out of state to be with family.

The Stroock team took on the case at a difficult juncture one year after Jasmine had relocated.  Given Jasmine’s relocation was done unilaterally and without judicial consent, the Stroock team knew it was going to be challenging given the complexity of the circumstances.  In 2021, Chris and Hina dove right in, developed a broad strategy, filed a petition for relocation, and planned for a potential trial.  Hina worked diligently with Jasmine to prepare extensively for trial and to avoid having Quentin testify.

Hina worked endlessly for over a year while the case was pending to prepare for trial, including obtaining medical and school records, text messages, and other documents.  Hina reached out to potential witnesses, interviewed them to assess their ability to testify, and ultimately prepared several witnesses for the trial.  Throughout, Hina was extraordinarily compassionate, mindful and sensitive about the impact of the case on Jasmine and Quentin and continuously checked in on how Quentin and the rest of Jasmine’s family were doing during this time.

At trial, Hina powerfully and smoothly took the client through the examinations, responding to objections, reviewing documents and other pieces of evidence.

Hina seamlessly navigated powerfully advocating for Jasmine while continuing to reach out to opposing counsel for a favorable resolution until, on the fourth day of trial, the father finally consented not only to Jasmine’s relocation out of state, but also to the suspension of visitation until Quentin was comfortable.  Both the team and Jasmine were surprised and elated about the turn of events.  Jasmine was so grateful Quentin did not have to visit with his father, and she was extremely excited that the pair could finally peacefully settle into their new home.

“When we first started working for Jasmine, I was very concerned about whether the court would seek to force her to move back closer to her child’s father, and away from the home where she and her child were getting far more support,” Chris reflected on the case. “Via our advocacy, strategic negotiations, and the compelling testimony of Jasmine, we were able to strike a settlement giving Jasmine everything she was seeking.  We are very proud of that result.”

“Hina, Chris and the Stroock team were incredible advocates for Jasmine and her family through an extraordinarily difficult time. Hina was not only an effective attorney but also a kind and genuinely compassionate support for Jasmine–something that showed in the amazing relationship they developed throughout the case. It was a pleasure and a privilege to work with the Stroock team and I know Jasmine is so grateful to them!”

Lindsey Song
Deputy Director, Courtroom Advocates Project

When asked about the experience, Jasmine writes, “Hina is a phenomenal woman who goes above and beyond for all her clients and their cases. She’s very patient and understanding. I appreciate all her hard work and dedication on my case. My family and I will forever be grateful for all her help and we can’t thank her enough.”

Join us at our Above & Beyond Awards Ceremony on November 2, 2022, as we honor Stroock’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.

Naina Rasheed is a Corporate Governance Specialist in the Office of the Corporate Secretary at American International Group, Inc. Naina is also a member of Sanctuary’s Pro Bono Council and Co-Chair of this year’s Above and Beyond Pro Bono Awards and Benefit.

Kasowitz Team Secures Parole for Incarcerated Survivor of Gender Violence

Romy Felsen-Parsons

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

At this year’s Above & Beyond Awards, Sanctuary for Families will be honoring a Kasowitz team for its dedicated advocacy in successfully securing parole for “Amanda,” an incarcerated survivor of gender-based violence. This representation included both parole preparation, as well as preparation for a parole rescission hearing, and ultimately was a major factor in the client’s release. We are thrilled to highlight the work of Kasowitz’s Nefertiti J. Alexander, Partner; Teresa Matushaj, Counsel; Binta A. Watkins, Staff attorney; Christina Lewis, Associate; and Katrina Bader, Law Clerk.

When the Kasowitz team first met their client, Amanda, she was incarcerated for identity theft and larceny. She had served a third of her sentence and would be up for parole in four months. 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.

The Kasowitz team diligently set about preparing Amanda for her hearing through mock interviews and, equally importantly, bolstering Amanda’s self-confidence and sense of preparedness. At the same time, they put together a compelling parole packet that included statements from Amanda and her friends and family, records of her highly successful performance in various programs while incarcerated, and discussions of the support she would receive and the plans she had for her life post-release.

Like all of Sanctuary’s clients, Amanda is a survivor of gender-based violence and compound trauma. She has suffered a lifetime of abuse, beginning with sexual abuse at the hands of a family friend when she was only a child, and continuing through abusive relationships as an adult. The value of having a truly trauma-informed, compassionate, and communicative team in such a matter cannot be overstated, and the team’s relationship with Amanda grew stronger and stronger as they worked together. It was a celebration for all when Amanda was granted parole. Director of Sanctuary’s Incarcerated Gender Violence Survivors Initiative Ross Kramer reflects, “At the time [the team] started working with her, Amanda was struggling with the conditions of her confinement, and was receiving little support. The team immediately stepped in, formed a strong bond with Amanda, and assisted her in every possible sense. They helped her prepare for her parole hearing, and they also made a tremendous difference in her life and self-confidence, through their trauma-informed, compassionate, and skillful work.”

However, after parole was granted but before her release, Amanda received—unfairly, we believe—a disciplinary ticket from a correctional officer that put her at risk of potential revocation of her parole. The team jumped in again to prepare their client and represent her in her rescission hearing, and their zealous advocacy helped Amanda to secure her release the following month.

“The Kasowitz team formed a strong bond with Amanda that allowed her to begin addressing and processing her trauma. Their compassion and patience not only helped Amanda secure her release from prison, it also allowed her to tap into her own strength and emerge as someone who was more confident, self-assured, and ready to begin a new chapter in her life. The Kasowitz team was a true friend and advocate for Amanda, and they went “above and beyond” in support of their client.”

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

Sanctuary is thrilled to honor Nefertiti, Teresa, Binta, Christina, and Katrina for their tremendous legal abilities and dedication to their client.

Join us at our Above & Beyond Awards Ceremony on November 2, 2022, as we honor Kasowitz’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.

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.