Nine Years Early: Ms. H’s Release Through Covington’s Creative Advocacy

Nyla Samee

On September 11, 2025, Ms. H walked free — nine years before the completion of her sentence. For the advocates who stood beside her, it was a powerful affirmation of what is possible when the legal system is asked, not just to punish, but to reckon honestly with trauma, coercion, and survival.

Every year, Sanctuary for Families’ Pro Bono Project collaborates with talented and deeply committed pro bono attorneys. Through our Pro Bono Spotlight, we are proud to showcase the impactful work these attorneys carry out on behalf of Sanctuary’s clients.

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

On September 11, 2025, Ms. H walked free — nine years before the completion of her sentence. For her family, it marked the end of a long and uncertain chapter. For Ms. H, it was the first true chance in decades to begin again. And for the advocates who stood beside her, it was a powerful affirmation of what is possible when the legal system is asked, not just to punish, but to reckon honestly with trauma, coercion, and survival.

Ms. H’s release was not inevitable. It was hard-fought. It required creativity, persistence, and an unwavering belief that survivors of domestic violence should not spend decades incarcerated for crimes rooted in abuse. Ms. H’s case stands as a profound reminder that justice is not static, and that with the right advocacy, even seemingly immovable sentences can be undone.

Building Ms. H’s Team

Sanctuary for Families’ (Sanctuary) Incarcerated Gender Violence Survivors Initiative (IGVSI) began working with Ms. H in 2021, when Kate Mogulescu, Legal & Policy Director of the Survivors Justice Project, introduced IGVSI to her case. Kate remained involved throughout the representation, offering invaluable strategic insight and guidance.

Shortly thereafter, an outstanding pro bono team at Covington & Burling LLP partnered with IGVSI in representing Ms. H. The team included Kristen Mace, Partner; Michael E. Cunniff, Associate; Qijia “Janna” Yu, Associate; Anna Venguer Benrey, Associate; Stephanie Turrentine, Associate; Ryan Partelow, Associate; Braden Fain, Associate; Katherine Onyshko, Former Associate; and Tyler Holbrook, Former Associate.

At the time the team took on her case, Ms. H was serving a draconian 18-year sentence for two non-violent drug offenses and was incarcerated at Bedford Hills Correctional Facility in Westchester County.

Ms. H’s History and Sentence

Ms. H is a devoted mother whose life has been shaped by years of violence and instability, beginning with extreme domestic violence in her childhood home. As a child, she witnessed her stepfather’s severe violence against her mother and was sexually abused by one of his friends.

As an adult, Ms. H became trapped in a series of abusive relationships in which she was strangled, raped, and physically assaulted. Her abusers forced her into using and selling drugs, threatening further violence if she resisted. Drug dealers exploited her addiction and coerced her into sex, sometimes under threats to harm her children and family.

These cycles of abuse led directly to Ms. H’s crimes of conviction. In 2014, she pleaded guilty to two non-violent drug charges and was admitted into a Judicial Diversion Program requiring inpatient treatment. When she violated program rules (driven by fear, addiction and trauma) the court sentenced her to two nine-year prison terms. Although those sentences would ordinarily have run concurrently for a total of nine years, a subsequent jail rule violation led the court to impose the sentences consecutively, effectively doubling Ms. H’s punishment to 18 years.

A Survivor Left Out of the DVSJA

When New York enacted the Domestic Violence Survivors Justice Act (DVSJA) in 2019, it represented a groundbreaking recognition that survivors’ histories of abuse and trauma must be meaningfully considered at sentencing. In the years since, the DVSJA has given dozens of survivors a second chance by reducing unjustly long prison terms.

Ms. H should have been one of them. But due to an apparent oversight in the statute, the DVSJA does not apply to her specific offenses – even though her case fell squarely within the spirit of the statute.

As Janna reflected,

“What struck us most was the depth and duration of abuse Ms. H endured, and how thoroughly it shaped every aspect of her life and decision-making long before her conviction. The criminal legal system had never fully accounted for the cumulative impact of that trauma.”

An Outside the Box Legal Strategy

When it became clear that Ms. H was categorically excluded from relief under the DVSJA, her legal team refused to accept that exclusion as the final word. The law’s intent was unmistakable: survivors’ experiences of abuse matter, and punishment must be appropriate. That Ms. H was left out due to a gap in the statute did not make her sentence just, but the injustice more glaring.

Rather than walking away, the Covington team pursued an unconventional path forward. Working in close partnership with IGVSI, they petitioned the local District Attorney’s Office to look beyond rigid eligibility lines and confront the reality of Ms. H’s life: years of extreme abuse, coercion, addiction imposed by violence, and a sentence that bore no relationship to culpability.

Michael described the challenge candidly:

“There’s no procedure to follow. We had to make judgment calls at every step of the process. Coloring outside those lines challenged us to be the best advocates possible.”

The advocacy was deeply human. The written submission to the District Attorney’s (DA) Office included letters from both Covington and Sanctuary detailing Ms. H’s history of abuse, years of sobriety, and the strong family and community awaiting her upon release. The submission also traced the legislative intent of the DVSJA and explained why Ms. H’s exclusion from the statute was likely the result of oversight rather than design. To bring her story fully to life, the team included a short video with interviews from Ms. H’s family members, along with letters and photographs submitted in support of her release.

Throughout the process, collaboration was essential. Sanctuary worked closely with Covington and Ms. H to develop a comprehensive reentry plan, address concerns about recidivism, and secure letters of support from partner organizations who would assist Ms. H upon release.

After months of dialogue, creative and compassionate lawyering, and reflection, the DA’s office agreed that Ms. H deserved relief and joined Covington’s motion for resentencing. On June 9, 2025, the parties filed a joint motion pursuant to New York Criminal Procedure Law § 440.20.

Three months later, on September 11, 2025, the court resentenced Ms. H to concurrent nine-year terms, paving the way for her immediate release.

Assistance Beyond the Courtroom

Throughout the pendency of the case, Ms. H’s legal advocacy was supported by coordinated reentry planning to help ensure a stable foundation upon release. Working alongside Covington’s resentencing efforts, Sanctuary developed a comprehensive reentry plan that included referrals to transitional housing through its partnership with Jennifer House in Rochester and connections to trauma-informed services through Renewal House in St. Lawrence County. Ultimately, Ms. H chose to reunite with and live with her family following her release. She has also been referred to the job readiness track of Sanctuary’s Economic Empowerment Program, where staff are now working with her to develop a plan for employment and long-term stability – ensuring that the extraordinary legal victory achieved by Covington was matched by meaningful opportunities for Ms. H’s successful reentry.

A Life-Changing Result

Since her release, Ms. H has reunited with her family and is steadily working toward rebuilding her life – time she should never have lost, but is now reclaiming with strength and determination.

For her legal team, the moment of freedom was unforgettable. As Janna shared, “When Ms. H’s family let us know that they were en route to pick up Ms. H after her release from prison, it cemented the belief that gender violence survivors and their families deserve another chance to rebuild their life.” Michael echoed that sentiment, recalling that “everyone who met her wanted to fight for her.”

“The Covington team did outstanding work on this case. Their powerful advocacy and creative problem-solving won this client years of her life back. And their legal work was guided by patience and empathy at every step. The partnership between Covington and IGVSI was a true success.”

– Ross Kramer, Director, Sanctuary’s Incarcerated Gender Violence Survivors Initiative

Ms. H’s freedom is more than a legal victory. It is proof that when survivor-centered advocacy, creative lawyering, and collaboration come together, justice can move, sometimes dramatically, toward humanity.

If you would like to discuss ways in which your law firm, in-house legal department, or law school can partner with Sanctuary to provide pro bono legal services to our clients, please contact Nicole Fidler, Pro Bono Director at nfidler@sffny.org.

Covington & Burling Team Secures Defensive Asylum for Mother and Daughter

Daria Lewis

At this year’s Above & Beyond Awards, Sanctuary is honoring a team from Covington & Burling LLP for their extraordinary commitment, empathy, and tireless work representing “Ms. E” and her daughter in their defensive asylum case.

At this year’s Above & Beyond Awards, Sanctuary for Families is proud to honor Covington partner Anne Y. Lee and associates Julia Blackburn, Ana Duong, Brigid Larkin, Bree Peilen, and Qijia “Janna” Yu for their extraordinary commitment, empathy, and tireless work representing “Ms. E” and her daughter in their defensive asylum case.

Ms. E. suffered horrific acts of domestic violence at the hands of her ex-partner while in her home country in Latin America. For a period spanning more than 10 years, Ms. E’s partner subjected her to sexual violence, physical battery, threats of death, and manipulation tactics. Herself a young woman, Ms. E. had a small daughter from a prior relationship who was tragically both a victim of Ms. E’s partner’s violence and a witness to the abuse he inflicted on Ms. E. Upon fleeing Latin America and arriving in the United States, Ms. E and her daughter found themselves in the custody of US Border Control, afraid for their safety and their freedom.

The timeline in this case was remarkable. The Covington team agreed to undertake representation of Ms. E. in late July 2024, less than two months before Ms. E’s scheduled asylum hearing. Cases of this complexity typically require four to twelve months of preparation. While many attorneys might have sought to postpone the court date, the team chose instead to move forward with the fast-approaching date in order to optimally protect Ms. E’s interests. They knew that a delay might leave the clients in limbo for months and possibly years, and that with an upcoming presidential election, they faced the risk of a shifting political landscape accompanied by a weakening of asylum protections for domestic violence survivors. The Covington team committed fully to Ms. E’s case. It must be noted that Bree had already signed on to represent another Sanctuary client with a hearing on the same day when she agreed to take on Ms. E’s hearing. Yet, according to Pooja Asnani, director of Sanctuary’s Immigration Project, one would never have guessed that Bree was working on two cases simultaneously—so dedicated she remained in her commitment to each matter. Julia said that she and her team spent probably 100 hours on this case in only a month, but emphasized that it was all worth it. The team not only prepared excellent legal writing presented in a clear and compelling way, but also gave the care and attention needed to ensure that Ms. E and her daughter felt as ready as possible for the hearing.

A common thread noted by both Pooja Asnani and the Covington team in their recounting of the case was the trauma-informed approach, and an unwavering desire to put the clients’ comfort above all else. This came from countless hours of preparation, going over the details of the abuse. They worked hard to make sure the client felt ready and empowered, not only to tell her story, but also to face the harsh cross-examination that the team knew could come during the hearing. Julia took on the role of an interpreter, ensuring that the clients’ story was truly understood not only by a fluent Spanish speaker, but by someone she trusted. With a background in psychology, Julia also functioned as an emotional mediator, knowing when the clients were overwhelmed and needed a break.

Though time was limited, the team prioritized listening to the clients’ stories. They made sure the clients’ years of abuse were presented in their full nuance and complexity. As Bree said, “It’s their story; the case law changes, but it’s making her feel most confident about how to tell her story.” The lawyers from Covington worked as a team with Ms. E to facilitate this empowerment. They helped the clients feel in control by making them aware of the range of possible outcomes, including the possibility that the immigration judge might limit their testimony, or excessive questioning by the government attorney.  During preparation, the Covington team were careful to explain the reasons for the specific testimony they were eliciting. They also understood that trauma affects memory, and allowed details to emerge gradually in Ms. E and her daughter’s retelling. These tactics put the clients’ wellbeing first, even if it took longer.

In an impressive feat of client-centered advocacy, unwavering commitment, and exceptional lawyering, the team balanced a seemingly impossible timeline, while still putting the clients’ comfort at the center. Their extensive efforts working with Ms. E and her daughter allowed for success in the hearing and the granting of defensive asylum. In the face of all they have been through, Ms. E’s daughter spoke with the team about her desire to become a nurse and support herself. The resilience of Ms. E and her daughter, and the dedication of the Covington team, together made this outcome a reality.

Join us at our Above & Beyond Awards Ceremony on October 21, 2025, as we honor Covington’s outstanding pro bono work.

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If your firm is interested in a sponsorship opportunity, please reach out to Geny Kimbrell, Director of Special Events, by email at gkimbrell@sffny.org.

Daria Lewis is a Case Project Coordinator (Temp) at Cravath, Swaine, and Moore, and a recent graduate from Barnard College. She is also a member of Sanctuary’s Pro Bono Council.

Linklaters and Covington & Burling Win Asylum Case for LGBTQ+ Couple

Lucy Wolf

At this year’s Above & Beyond Awards, Sanctuary will honor teams from Linklaters LLP and Covington & Burling LLP for representing “Jonah” and “James” in obtaining asylum status.

At this year’s Above & Beyond Awards, Sanctuary for Families will honor teams from Linklaters LLP and Covington & Burling LLP for representing “Jonah” and “James” in obtaining asylum status. The teams consisted of Associates Nina Hrushko and Rebecca Zeldin of Linklaters, and Associate Lauren Shor and former Associates Jack Nelson, Katherine Onyshko, and Elisa Solomon of Covington.

Jonah and James are Russian gay men and LGBTQIA+ activists. As openly gay men in an incredibly homophobic country, James and Jonah consistently experienced threats and violence. James’s family in particular was hostile to his sexuality and put both James and Jonah in danger. However, none of this deterred them from their work as LGBTQIA+ activists. . After the Pulse nightclub shooting in 2016, James and Jonah brought flowers and a sign to the American embassy in Moscow to show their support for the victims, only to be arrested and harassed by Russian police. After they were arrested, they decided to flee Russia together and arrived in New York in 2017. Once in the U.S., they were finally able to marry and began their years-long affirmative asylum process, with the support of Sanctuary for Families and a team of lawyers for each of Jonah and James’s individual cases. Jonah was represented by the Linklaters team and James was represented by the Covington team. In 2023, after six years of teamwork, creativity, and patience, both James and Jonah were finally granted asylum. Jonah and James celebrated by inviting the legal teams to their apartment for dinner, highlighting how close the relationships they formed throughout the asylum process had become.

James and the Covington team filed his application and listed Jonah as a derivative spouse on the application. Jack Nelson, formerly with Covington, and now with Sive Pagel Riesel, describes James as an incredible person. Jack was impressed that despite their traumatic personal history, James and Jonah have kept an optimistic outlook throughout the asylum process, continuing their political activism in New York and volunteering with the Russian LGBTQIA+ community.

Jonah and the Linklaters team filed a separate asylum application for Jonah, because he had experienced the same hostility and was eligible for asylum in his own right, while also listing James as Jonah’s derivative spouse on the application. Nina Hrushko at Linklaters describes Jonah as outgoing and easy to work with, and a positive person, despite going through so much.

When James and Jonah first filed their asylum applications, they were just beginning to learn English and used an interpreter for meetings with their legal teams. Over the course of the six years of their asylum cases, both Jonah and James became fluent in English, so much so that they could help the attorneys catch errors made early on, when some stories got lost in translation. By the end of the case, Jack described working with James and Jonah as just like working with partner counsel.

James and Jonah’s cases also presented a unique opportunity for two law firms to work closely together, with the support of Sanctuary for Families. Each firm reported a great experience working together. Nina speaks Russian and Ukrainian, so she was able to help both litigation teams with interviews and affidavits and to communicate with James and Jonah’s friends and other witnesses.

Although Jonah and James presented very strong cases for asylum, some logistical complications arose with their cases. After many years of waiting for their interviews with the Asylum Office, James was granted asylum on February 8, 2023, but through a clerical error, Jonah was not granted asylum as James’s derivative. Not to be deterred, Jonah and the Linklaters team advocated to Senator Gillibrand, the USCIS ombudsman, and the USCIS Liaison at the Immigrant Advocates Response Collaborative. Finally, in July 2023, Jonah was also granted asylum.

Even after James’s application was granted, the Covington team stayed involved and worked collaboratively with the Linklaters team to support Jonah in his asylum application. Both litigation teams also spoke highly of the support from Sanctuary for Families and especially appreciated help from Deirdre Stradone, Co-Deputy Director of the Immigration Intervention Project. Deirdre, likewise, was incredibly impressed with both teams and their tireless dedication to James and Jonah over the course of six years.

Jonah and James came to New York as refugees six years ago. Now, James is attending a prominent university on a scholarship and Jonah is a filmmaker. To their legal teams, James and Jonah are inspiring. And, after six years of working together, they are also good friends.

Sanctuary is incredibly grateful for the compassionate pro bono work that Covington and Linklaters dedicated to assisting Jonah and James in their journey to safety and security in the United States.

Join us at our Above & Beyond Awards Ceremony on October 25, 2023, as we honor Linklaters LLP and Covington & Burling LLP ‘s outstanding pro bono work.

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Lucy Wolf is an Assistant Attorney General at the Washington State Attorney General’s Office and a member of Sanctuary’s Pro Bono Council.