Latham & Watkins Overcomes Significant Hurdles, Secures Asylum for Survivor of Gender-Based Violence

Nicole Vescova

At this year’s Above & Beyond Awards, Sanctuary is honoring a team of attorneys from Latham & Watkins for their devoted representation in obtaining asylum status for a survivor of gender violence.

At this year’s Above & Beyond Awards, Sanctuary for Families is honoring a team of attorneys from Latham & Watkins for their devoted and compassionate pro bono representation in obtaining asylum status for “Leslie,” a woman who fled her home country in Central America after being subjected to persecution based on her gender and familial status. The team consisted of Latham partner Lilia Vazova, associates Daniel Grill and Emma Green, and former associates Abhinaya Swaminathan and Jaclyn Newman.

As a young woman, Leslie had been subjected to severe sexual violence and threats of harm by various male aggressors in her family, culminating in a horrific rape at the hands of her male cousins and their friends. Although Leslie attempted to pursue criminal charges against her aggressors and contacted law enforcement officers in multiple jurisdictions across her home country, her government failed to protect Leslie. Leslie lived in fear for her life and safety, and was forced to alter her lifestyle dramatically, including by relocating to another town. To hide from her aggressors, she stopped attending school and socializing with friends. Sadly, this was not enough, and her aggressors continued to harass and threaten her. Desperate to protect herself, Leslie entered the United States in early 2017 seeking asylum.

After crossing the border as a 20-year-old young woman, Leslie made multiple attempts to file an asylum application herself, but they were rejected for administrative errors. Leslie was eventually connected with Sanctuary for Families. However, by the time Leslie connected with Sanctuary, the one-year deadline for filing her asylum application had passed. After assisting Leslie with filing the initial application, Sanctuary knew it needed a strong litigation team to help secure asylum status. Latham generously agreed to assist Leslie in preparation for her asylum hearing on a pro bono basis.

Although Leslie originally filed her asylum application in March 2017, due to the COVID-19 pandemic, her hearing did not take place until August 2023. In preparation for the hearing, the Latham team worked tirelessly with Leslie and Sanctuary to prepare the strongest case. To obtain asylum status in the United States, one must demonstrate, amongst other things, a timely application or an excuse for the delay, that they suffered (or have a well-founded fear of suffering) persecution on account of certain enumerated protected grounds, such as religion, membership in a particular social group, or political opinion, and that they are unable safely to return to their home country.

Latham had to deal with several complicated issues: Leslie’s asylum application technically was not filed within the one-year deadline, and, because of the nature of her attack, it was challenging to show that Leslie had been persecuted on account of her status as a member of a protected group. Since her persecutors were not intimate partners, the team could not rely on the standard asylum arguments for survivors of domestic violence. They needed to advance a novel claim regarding the client’s eligibility for asylum. The team worked closely with the client and a country conditions expert to understand and present the reasons underlying her persecution.

Despite a language barrier, the Latham team was able to build a rapport with Leslie and provide her with a comfortable environment to discuss such severe and distressing events, including the reasons (which were out of her control) that her attackers may have believed her to be vulnerable and targeted her. The team came to learn that the sexual assault experienced by the client represented a horrifying pattern in which male members within the family deliberately subjected women and girls to acts of sexual violence as a means to control and dominate them. With this information, Latham spent countless hours with Leslie to draft her affidavit in support of her asylum application and prepare her to provide testimony at her hearing.

At Leslie’s first hearing date, the government took an aggressive position, forcing Leslie to recount traumatic events that had occurred almost ten years prior and questioning her credibility while recounting certain details of the events. The government’s cross-examination of Leslie took so long that trial needed to be adjourned to a second day.

Latham took this time to further prepare Leslie for round two and ensure that she would be comfortable sharing the details of her abuse on the stand. At the second hearing, Leslie was again faced with questions on the details of her attack, and she was able to answer all the government’s questions while projecting confidence and credibility, despite the sensitive nature of the events.

At the conclusion of the hearing, the Judge stated that she believed Leslie to be a credible witness and immediately granted her asylum application. Notably, the government deferred to the Judge’s ruling and did not appeal, which further evidenced the strength of Leslie’s request for asylum.

“Working with Sanctuary for Families and on behalf of Leslie has been among the most impactful experiences of my career to date. I want to thank everyone at Sanctuary and at Latham who contributed to this incredible result.” – Daniel Grill, Associate

“We are grateful for our multi-decade partnership with Sanctuary for Families, and proud to contribute to Sanctuary’s efforts to meet the needs of some of the most vulnerable members of our community,” said Laura Atkinson-Hope, Public Service Counsel and Director of Global Pro Bono at Latham. “We thank you for the award, but, more importantly, we wish to thank you for the work you do.”

Laura Atkinson-Hope
Public Service Counsel & Director of Global Pro Bono
Latham & Watkins

Pooja Asnani, of Sanctuary for Families, applauds the Latham team for their tireless advocacy on Leslie’s behalf and creative thinking in litigation strategy.

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Join us at our Above & Beyond Awards Ceremony on October 8, 2024, as we honor Latham & Watkins’ outstanding pro bono work.

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Nicole Vescova is a partner in the Fort Lauderdale office of Lewis Brisbois Bisgaard & Smith LLP, where she specializes in representing management in labor and employment matters. She is a member of Sanctuary’s Pro Bono Council (“PBC”). 

McDermott Team Secures Protective Order for Domestic Violence Survivor

Alexandra Prendergast

At this year’s Above & Beyond Awards, Sanctuary for Families is honoring a team of outstanding attorneys from McDermott Will & Emery who secured an 18-month Order of Protection and divorce judgment for Ms. RF, a survivor of domestic violence.

At this year’s Above & Beyond Awards, Sanctuary for Families is honoring a team of outstanding attorneys from McDermott Will & Emery who secured an 18-month Order of Protection and divorce judgment for Ms. RF, a survivor of domestic violence. The pro bono team included partner John Song and associate Chenjia Zhu.

In August of 2023, Ms. RF came to Sanctuary for Families seeking an Order of Protection against her former husband. He was a cruel and relentless abuser who lied about his wealth and so-called “celebrity” status before they were married. In addition to physical abuse, Ms. RF’s abuser engaged in financial abuse and isolation tactics, withholding the income she earned from working and preventing her from learning English. Ms. RF lived in China before marrying her husband, who also prevented her efforts to make friends in the United States and develop a support network that might help her seek relief.

When Ms. RF first came to Sanctuary, she had already filed pro se in Queens Family Court and received a limited Order of Protection against her abuser, yet he repeatedly violated the order. After significant legal advocacy from Sanctuary in combination with several filed police reports, he was finally arrested. The pro bono team at McDermott provided further legal aid to Ms. RF. Although Ms. RF’s abuser pushed for a 6-12 month restraining order, Chenjia’s team was firm in advocating for a longer order. They worked diligently to secure a final and full 18-month Order of Protection and assisted Ms. RF in obtaining a divorce judgment.

Chenjia’s extraordinary advocacy for Ms. RF included a compassionate approach and an emphasis on legal precision. Chenjia helped Ms. RF navigate complex Family Court processes, preparing her for court appearances and carefully strategizing to strengthen her case. She also drafted a highly detailed Amended Family Offense Petition and assisted further with criminal justice advocacy for Ms. RF’s criminal case against her abuser, coordinating extensively with the DA’s office.

While this was the first time Chenjia handled a case in Family Court, her devotion to obtaining a positive outcome for Ms. RF’s case ensured its success. Chenjia notes, “To be able to utilize what I know or what I can do to help folks who do not have that access to support on their own is extremely fulfilling and important to me. This made me feel like I’m using my knowledge for a good cause.”

Chenjia emphasized the educational value of this experience as a junior associate, saying, “I was able to appear in court for the first time other than interim appearances. Lindsey [Song] and John [Song] were so generous in letting me appear on behalf of Ms. RF…They helped me take the lead on this case. Going to court and negotiating a settlement was a very neat experience and I learned a lot throughout that process.”

Throughout her time working on the case, Chenjia drew inspiration from her client’s strength and tenacity. She adds, “[Ms. RF] is an optimistic and kind person. She is so strong…she has built a life for herself in this country. I find her to be such an incredible woman.”

Ms. RF was thrilled with the outcome of this case and grateful for the hard work of McDermott’s pro bono legal team and that of Sanctuary’s attorneys. As a beneficiary of their steadfast legal advocacy, Ms. RF is safely continuing to build her life in the United States. Sanctuary is grateful for the time and efforts of the attorneys at McDermott and for their incredible devotion to Ms. RF’s wellbeing.

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Join us at our Above & Beyond Awards Ceremony on October 8, 2024, as we honor McDermott, Will & Emery’s outstanding pro bono work.

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Alexandra Prendergast is a volunteer with Sanctuary for Families. After graduating from Wesleyan University in 2020, she went on to complete Mintz Levin’s Project Analyst Program and spent a year in Brussels, Belgium as a Fulbright Recipient. An aspiring human rights attorney, she is currently a student at the University of Connecticut School of Law.

Nick Butto of Mintz Honored for Expanding Firm’s Pro Bono Partnership

Elena Rizzo

At this year’s Above & Beyond Awards, Sanctuary for Families is honoring Nick Butto, litigation associate at Mintz, for his exceptional work and long-standing collaboration with Sanctuary for Families.

At this year’s Above & Beyond Awards, Sanctuary for Families is honoring Nick Butto, Litigation Associate at Mintz, for his exceptional work and long-standing collaboration with our organization.

At a time when access to justice is out of reach for so many, individuals like Nick Butto are creating a path for successful partnerships to assist clients in need.

The beginning of Nick’s relationship with Sanctuary for Families was similar to many:  he began working with them on a first pro bono project.  However, Nick was able to build momentum, took on many more pro bono cases (with multiple matters running at the same time), and worked tirelessly to establish and expand Mintz’s partnership with Sanctuary for Families. Since then, his efforts have not only grown his firm’s pro bono practice but have also inspired many of his colleagues to get involved.

Taking the Lead in Pro Bono Matters

Nick has an instinctual skill for negotiation and handling complex legal matters. In the words of Lindsey Song, Associate Program Director of the Family Law Project at Sanctuary, “Nick is so easy to work with and in a recent matter we collaborated on, he promptly took the lead on negotiations.  Despite facing an attorney with 20 years more experience, Nick handled the negotiations in a collaborative manner, but at the same time with confidence and firmness, never showing any signs of hesitation.”

Nick’s success stems not only from his legal acumen but also from his dedication to the clients he represents.

Sanctuary and Nick’s client, Ms. E., explained:

“As a victim of severe domestic abuse, I felt lost, fearful, and uncertain about where to start. Fortunately, I found Nick. His brilliance, dedication, and unwavering support were instrumental in helping me navigate the legal process. He was available 24/7, handling emergencies with immediate responses, and his compassionate approach alleviated my fears. Nick went above and beyond his legal duties by offering emotional support during moments of panic, making me feel safe. I cannot imagine having navigated this ordeal without his support.”

Growing a Pro Bono Legacy and Inspiring Others

What truly sets Nick apart is his leadership in fostering a culture of pro bono service within his firm. Nick has joined Mintz’s Pro Bono Committee, and over the past year and a half, his firm’s collaboration with Sanctuary for Families has expanded significantly.

Nick emphasizes the importance of mentorship in this process, noting that Sanctuary for Families has played a critical role in guiding attorneys at his firm. “Sanctuary has mentored associates at Mintz, and this helped develop the casework,” Nick said. “We’ve seen real progress in the last 18 months, thanks to the support of my firm, which has provided time and resources to run complex cases, and the commitment of my colleagues.”

His efforts have also spurred greater involvement from the firm’s leadership, with partners contributing to case strategy and supervising associates. “We are fortunate not only to have our Pro Bono Committee backing up our collaboration with Sanctuary, but we’ve also seen more partners taking an active role on cases, which has been instrumental,” Nick shared.

Advice to Other Firms on Leveraging Support

Nick is a firm believer in the power of collaboration and communication when it comes to expanding pro bono efforts. In his view, growing a firm’s pro bono practice requires regular communication on the ongoing efforts of peers. “Keeping people updated on what their colleagues are working on and sharing compelling case stories inspires others to take on pro bono matters,” he said.

Nick also sees the long-term benefits of exposing junior associates to this type of work. “The more opportunities junior associates have to work with clients and learn trauma-informed interviewing techniques, the better they become at representing clients in the future,” Nick explains. This approach ensures that pro bono work not only impacts current cases but also builds a skillset that will benefit future clients.

Looking Ahead

Nick’s dedication to pro bono work shows no signs of slowing down. He’s currently juggling multiple cases in collaboration with Sanctuary for Families, including a protective order matter set for trial in September, an asylum case with an upcoming merits hearing, and an appeal in the First Department. This of course, in addition to keeping a busy commercial litigation practice.

Nick’s leadership in pro bono work, and the contribution Nick and Mintz are making to strengthen their collaboration with Sanctuary for Families, serve as a reminder that associates can truly make a difference when it comes to creating a long-lasting path for pro bono in the legal profession.

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Join us at our Above & Beyond Awards Ceremony on October 8, 2024, as we honor Nick Butto’s outstanding pro bono work.

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Elena Rizzo is a Senior Associate in the International Arbitration team at DLA Piper’s New York office.  Elena is also a member of Sanctuary’s Pro Bono Council and is co-chairing this year’s Above & Beyond Awards reception.  Elena has worked alongside Sanctuary attorneys on numerous matters since 2017.

Charles River Associates Honored for Investigative Work in Support of Survivors

Kate Powers

At this year’s Above & Beyond Awards, Sanctuary is honoring an incredible team at Charles River Associates for their investigative and forensic accounting work on behalf of Sanctuary’s clients. 

At this year’s Above & Beyond Awards, Sanctuary for Families is honoring an incredible team at Charles River Associates for their investigative and forensic accounting work on behalf of Sanctuary’s clients. The team includes CRA vice presidents Lisa Dane and Alexandra Knatchbull, principal Niall Murphy, associate principal Victor Epstein, associates Brenden Ebertz and Trishla Jain, and consulting associate Noah Genovesi.

Charles River Associates (“CRA”) has brought their investigative and forensic accounting expertise to fight for survivors and support Sanctuary’s clients. CRA has supported legal teams on countless cases—cases involving the Domestic Violence Survivors Justice Act (“DVSJA”), divorce matters, international child abduction cases, sex trafficking cases, and incarcerated clients. The team at CRA leverages their resources and skills to combine forces with Sanctuary attorneys and pro bono attorneys to achieve significant and tangible results.

Just some of CRA’s investigative contributions to these matters include:

  • Providing intelligence and conducting source work to locate a kidnapped child who was being hidden outside of the U.S.
  • Forensically examining the financials of a former partner in a custody case.
  • For purposes of serving papers in divorce matters, locating countless opposing party’s addresses or businesses, and for purposes of alternative service, locating opposing party’s social media accounts, phone numbers, relatives, or associates.
  • Locating medical records, criminal records, and even archived police records.
  • Locating former neighbors and friends to serve as witnesses to support survivors in DVSJA re-sentencing matters.
  • Identifying a former partner’s undisclosed assets and companies through corporate registry research.

Reflecting on CRA’s work, Nicole Fidler, Senior Project Director of the Pro Bono Project and the Narkis Golan International Child Abduction Initiative at Sanctuary for Families explained their importance to Sanctuary’s work:

“Our partners at CRA always try to find us something we can use to help our clients in their cases. They are incredibly quick to respond and always eager to help. If there is not an obvious answer to a request, they think outside the box to figure out how they can find useful information or provide helpful analysis. We are lucky to have CRA as an ever-reliable resource. Everyone in Sanctuary’s Legal Department loves working them!”

– Nicole Fidler, Sanctuary for Families

As to CRA’s work with Sanctuary, Lisa Dane, Vice President in CRA’s Risk, Investigations & Analytics Group said, “being able to pivot our investigative skillsets to collaborate with Sanctuary and other pro bono lawyers to help improve people’s lives is deeply meaningful and important to our firm. We are honored and grateful for the recognition and congratulate the other honorees and Sanctuary’s team for their exceptional work.”

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Join us at our Above & Beyond Awards Ceremony on October 8, 2024, as we honor CRA’s outstanding pro bono work.

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