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.

Paul Weiss & Morvillo Abramowitz Team Achieve Groundbreaking Supreme Court Victory

Timothy J. Weinstein

At this year’s Above & Beyond Awards, Sanctuary will honor a Paul Weiss & Morvillo Abramowitz team for their representation of Narkis Golan, a U.S. citizen who fled Italy in 2018 with her then-two-year-old son to escape an abusive relationship with her husband.

At this year’s Above & Beyond Awards, Sanctuary for Families is honoring an extraordinary team of attorneys from Paul Weiss, Rifkind, Wharton & Garrison, LLP and Morvillo Abramowitz Grand Iason & Anello PC, who achieved a groundbreaking Supreme Court victory in their long-running representation of pro bono client Narkis Golan. 

The Paul Weiss and Morvillo teams, some of whom have now worked on this matter for more than 3 years, include Karen R. King, Kevin Grossinger, Daniel Gordon, Ariel Cohen, Chelsea L. Scism, Joshua Bussen, Rusty Feldman, Bronwyn Roantree, and Ryan McMenamin, from Morvillo; and Daniel H. Levi, Kannon K. Shanmugam, Aimee W. Brown, Matteo Godi, Sylvia Sui, Danielle J. Marryshow, and Randall W Bryer, from Paul Weiss.

Background

For four years, a team of attorneys from Paul Weiss, and later Paul Weiss and Morvillo together, have represented Ms. Golan, a U.S. citizen who fled Italy in 2018 with her then-two-year-old son to escape a physically, psychologically, and sexually abusive relationship with her husband, J. Saada. After Ms. Golan fled Italy, Mr. Saada filed a petition seeking an order to return their son to Italy pursuant to the Hague Convention on the Civil Aspects of International Child Abduction (the “Hague Convention”).

In January 2019, attorneys from Paul Weiss defended Ms. Golan in a two-week trial in the Eastern District of New York, which included laying out a chilling and irrefutable record of domestic violence by Mr. Saada. As Karen King (formerly of Paul Weiss, now of Morvillo), who has worked on Ms. Golan’s case from the very beginning, explained, the team focused on proving the “grave risk” exception to return based on the physical and psychological harm to the child from witnessing the abuse, the collateral consequences of being in a household of domestic violence, and the risk to the child if returned to Italy given Mr. Saada’s volatile and aggressive nature. 

After the trial and post-trial briefing, the district court found that the child would face a grave risk of harm if returned to Italy, but nonetheless ordered his return under then Second Circuit precedent obligating the court to “examine the full range of options that might make possible the safe return of a child.” By contrast, some other circuit courts of appeal either disfavor or do not require the same broad consideration of potential ameliorative measures.  Under the Second Circuit’s standard, the district court crafted a suite of ameliorative measures it believed would sufficiently reduce the risk to the child, largely based on promises by Mr. Saada to reform his behavior.

While disappointed in the result, Ms. Golan and her attorneys continued to fight, appealing first to the Second Circuit, where the team successfully argued that the most important ameliorative measures proffered by the district court were unenforceable undertakings without sufficient guarantees of performance. Combined with the “ample reason to doubt that Mr. Saada w[ould] comply with these conditions,” the Second Circuit found that the undertakings were insufficient to mitigate the harm faced by the child if returned to Italy, and remanded to the district court to consider the full range of remedies that might allow the return of the child safely. On remand, the district court imposed new ameliorative measures that involved forcing the parties to obtain a protective order from an Italian court, and the Second Circuit affirmed.

Supreme Court Victory

Paul Weiss and Morvillo then petitioned the Supreme Court for certiorari, which was granted in December 2021, focusing on the question of whether, upon finding that return to the country of habitual residence places a child at grave risk, a district court is nonetheless required to consider ameliorative measures that would facilitate the return of the child.  In a unanimous opinion published this June, the Supreme Court found in favor of Ms. Golan, holding that a court is not “categorically required to examine all possible ameliorative measures” before denying a Hague Convention petition for return of a child where it has already found that return would expose the child to a grave risk of harm. Accordingly, the Court vacated and remanded the case, emphasizing that the district court’s decision should bear in mind that the primary goal of the Hague Convention is the safety of the child.

Aftermath of the Court’s Ruling

The Supreme Court’s decision, which overturned the standard in the Second Circuit (and the Third and Ninth Circuit, which follow the Second Circuit on this issue) for review of Hague Convention petitions for return of a child in the face of a grave risk, has had a significant impact on cases involving abuse victims fighting to retain custody. While Ms. Golan’s case remains in limbo—the district court again opted to order the child returned to Italy, despite current circumstances and new safety issues, and the case is again on appeal to the Second Circuit—Ms. Golan and her team are proud that her case has been able to help other mothers fighting to keep their children safe.

Ms. Golan’s resilience during her four year fight is a testament not only to her, but to her team of lawyers who have helped her throughout the case.  While the fight continues, the 9-0 decision of the Supreme Court should be celebrated as an important battle victory for survivors of domestic abuse.

“The entire domestic violence community was ecstatic when the U.S. Supreme Court issued its unanimous decision overturning the problematic Second Circuit precedent. The Golan decision is an incredible victory for survivors and their children fleeing the terror of domestic violence to find safety in the United States.  This Above & Beyond Team worked incredibly hard to achieve this monumental victory and I can’t thank them enough for the dedication, passion, and unparalleled lawyering that they have brought to the case.”

Nicole Fidler
Director of Sanctuary’s Pro Bono Program

Join us at our Above & Beyond Awards Ceremony on November 2, 2022, as we honor Morvillo Abramowitz & Paul Weiss’ 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.

Tim J. Weinstein is an associate at Sullivan & Cromwell.

Hogan Lovells: Sanctuary Pro Bono Partner Spotlight

Sanctuary for Families

A spotlight on Sanctuary Pro Bono Partner Hogan Lovells and their team’s fantastic work in securing asylum for a Honduran survivor escaping extreme domestic abuse and gang violence.

Sanctuary for Families’ Pro Bono Project has the honor of working with hundreds of extremely dedicated and expert pro bono attorneys per year. As part of our new Pro Bono Spotlight, we’ll be highlighting 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 an Asylum Seeker Fleeing Domestic and Gang Violence

Representing survivors of severe abuse or trafficking seeking to secure asylum can be a legally and emotionally challenging process. It is also an exhilarating process that provides a unique opportunity for pro bono teams to engage in creative lawyering, build meaningful client relationships, and secure an outcome that is life-changing for a survivor. Asylum is often the only way survivors of severe violence and exploitation can find safety and stability for themselves and their children. Sanctuary for Families is incredibly grateful to the pro bono attorneys who volunteer to help the courageous survivors seeking refuge in the United States.

Sanctuary recently had the pleasure of working with a team of talented pro bono attorneys from Hogan Lovells LLP: Jonathan Wieder, Juan Moreno, Ian Lewis-Slammon, and supervising partner Dennis Tracey. This stellar team worked hand in hand with a Honduran survivor of extreme domestic abuse and gang violence, “Serena,” who ultimately successfully secured asylum in the United States.

Serena was born and raised in Honduras, where she began dating “B,” a prominent gang member in the area. As the relationship progressed, B started to subject Serena to violent physical and sexual abuse and repeatedly threatened her life. Due to B’s gang affiliations, he enlisted several other men to stalk and harass Serena, even during a stint of imprisonment. Serena, who had grown up in an area controlled by gang violence and had witnessed multiple murders in broad daylight, and whose brother had also been murdered by a gang member, was terrified of her abuser and the very credible threats he made upon her life. Her attempts to flee to neighboring countries resulted in periods of homelessness and multiple deportations back to Honduras, where her situation grew increasingly life-threatening. Ultimately, Serena was able to enter the United States and apply for asylum with the help of Sanctuary for Families.

The Hogan Lovells team took on Serena’s case in 2020 during the Trump administration and was immediately faced with a staggering challenge: then-Attorney General Jeff Sessions had recently stated that domestic violence survivors and gang violence survivors would not, as a general matter, be eligible for asylum protection. Serena’s case had been potentially stalled right out of the gate.

Undeterred, the attorneys got to work and began strategizing. Instead of building Serena’s asylum claim based on her experiences of domestic violence, they framed her claim upon the discrimination and antipathy she had experienced due to her gender in Honduras, the country with the highest femicide rates in Latin America. Building this claim involved careful planning around how to acquire police records and witness testimonies from Honduras without endangering any of Serena’s family members. With the administration’s change in 2021 and the onset of Covid in 2020, the team pivoted again. By the time Serena’s final claim was presented, after countless hours of research, pulling together supporting evidence and affidavits, and direct- and cross-examination practice with Serena, the ICE attorney from the Office of the Principal Legal Advisor stipulated asylum, agreeing that Serena’s claim was so strong that it did not need to be taken to a hearing.

When reflecting on their experience, Jonathan and Ian both expressed that it was a privilege to work with Serena on her case, highlighting her enormous role in its success. In a phone call, both attorneys also emphasized how critical Juan’s Spanish-speaking skills were in communicating with and building trust with the client, a monolingual Spanish speaker. Jonathan, a first-year associate when he was first staffed on the case, also credits Director of Sanctuary’s Immigration Intervention Project Pooja Asnani with her extensive expertise and for allowing the team to build a solid foundational understanding of asylum cases with which to move forward.

“At every stage in preparation for this case, I was impressed by the team’s trauma-informed approach to working with ‘Serena,’ their close attention to the fact evidence and legal arguments, and their dedication to this case and the client. I loved working with this team and would welcome any opportunity to work with them again.” -Pooja Asnani.

Hogan Lovells Partner Pieter Van Toll, who helps coordinate Hogan’s pro bono program, was thrilled with the outcome. “Peter [Bautz, who also helps coordinate Hogan’s pro bono work] and I congratulate the entire Hogan Lovells team for their excellent work winning asylum for a deserving immigrant. We are proud of the work Hogan Lovells has been doing with Sanctuary for Families on these types of asylum cases and other important issues and look forward to helping them on future matters.”

Sanctuary for Families is immeasurably grateful to our pro bono partners for their work supporting survivors. It has been a pleasure to work with this team, and we look forward to continuing our relationship with these attorneys and with Hogan Lovells in the future.

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

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