Latham Wins Rare Nunc Pro Tunc Asylum, Protecting Survivor’s Disabled Daughter

Irina Sivachenko

At this year’s Above & Beyond Awards, Sanctuary for Families is honoring a stellar team from Latham & Watkins for their extraordinary pro bono work in securing a rare nunc pro tunc asylum for a severely disabled client. 

At this year’s Above & Beyond Awards, Sanctuary for Families is thrilled to honor a stellar team from Latham & Watkins LLP — Joshua A. Tinkelman, Hyeon Min “Mina” Kim, Lauren Mastronardi, Alexandra J. Kustra as well as former Latham attorneys Sohom Datta, and Sami El-Kebbi — for their extraordinary pro bono work in securing a rare nunc pro tunc asylum for a severely disabled client. 

More than a decade ago, the Latham team began representing Anne*, a survivor of female genital mutilation (“FGM”), who fled The Gambia. Anne, determined to protect her young daughters from the FGM procedure, left her home country after enduring violence and death threats from her husband’s family. The Latham team successfully secured asylum for Anne, reunited her with her children in the United States, and later helped Anne and her children obtain lawful permanent residency.

The immigration process proceeded predictably until 2022, when Anne’s disabled adult daughter, J.M.*, received a devastating denial of her adjustment of status application from USCIS. J.M., who is severely disabled and nonverbal, was undergoing cancer treatment when the denial letter arrived in the mail. Because Anne had become a U.S. citizen by the time J.M.’s case was reviewed, J.M.’s derivative asylee status had expired. The denial had grave consequences: not only was J.M.’s presence in the U.S. at risk, but she also faced losing her critical Medicaid and SSI benefits. Without her benefits, J.M. would be left without access to life-saving care.

The Latham team immediately mobilized, working closely with Sanctuary for Families to pursue a nunc pro tunc asylum application – a rarely used and complex legal remedy. They prepared an expedited request, guided Anne and J.M. through the hearing process, and tirelessly advocated to protect J.M.’s rights. Weeks after the hearing, J.M. was granted asylum and her medical benefits were secured. The Latham team’s efforts provided a lifeline for J.M. to remain in the United States and continue receiving critical medical care, and the team has since filed for J.M.’s green card.

The attorneys describe this case as both challenging and deeply meaningful. Over the years, they developed a close bond with Anne and her children. Sami, a corporate lawyer, reflected that he always wanted to become involved in immigration matters and seeing his legal work make a real difference “felt very special.” Alexandra and Sohom recalled the family’s resilience and were touched by their support for one another. For Alexandra, a corporate attorney, helping J.M. secure medical assistance and being able to continue her cancer treatment as well as preserve J.M.’s right to remain in the United States was “a very powerful experience.” Years later, Sohom still calls this as “one of the most impactful matters” he worked on.

Pooja Asnani, Senior Program Director of the Immigration Intervention Project at Sanctuary, supervised the matter. She praised the Latham team for their “undaunted” advocacy, noting that their persistence over more than a decade exemplified their skill and their “really big hearts.” The team was zealous, tireless, and truly went above and beyond to protect their client, she said.

*Not a real name

Join us at our Above & Beyond Awards Ceremony on October 21, 2025, as we honor Latham &Watkins’ 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.

Irina is a Senior Attorney at Ropes & Gray and a member of the firm’s Anti-Corruption and International Risk practice. She focuses on cross-border investigations and anti-corruption diligence and her work so far spanned over 25 countries. She is also a member of Sanctuary’s Pro Bono Council and a Co-Chair of this year’s Above and Beyond Pro Bono Awards and Benefit.

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”). 

Latham & Watkins Team Secure Clemency Grant for Incarcerated Survivor

Romy Felsen-Parsons

At this year’s Above & Beyond Awards, Sanctuary will honor a Latham & Watkins team for their outstanding work securing a clemency grant for an incarcerated survivor.

At this year’s Above & Beyond Awards, Sanctuary for Families is thrilled to honor Latham & Watkins’ Melange Gavin, Wendy Gu, and Jamie Wine, and former Latham attorneys Brittany Ehardt and Jaclyn Newman, for their outstanding work securing a clemency grant for an incarcerated survivor of gender-based violence.

Last year, we shared on our blog that, after over 10 years of incarceration, domestic violence survivor Jacqueline Smalls had been granted clemency by Governor Kathy Hochul. Today, we are honored to highlight the Above & Beyond honorees who made this happen through their outstanding dedication, creative lawyering, and advocacy. Latham & Watkins associates Melange Gavin and Wendy Gu, and former associates Brittany Ehardt and Jaclyn Newman, with supervision and strategic guidance from partner Jamie Wine, worked with Jacqueline over a period of three years. During this time, they built a strong relationship with their client and worked tirelessly to advocate for her release, focusing on both a Domestic Violence Survivors’ Justice Act (DVSJA) resentencing motion and a clemency grant as possible pathways to her freedom.

Both options posed significant challenges: while a DVSJA motion would reduce Jacqueline’s sentence, resulting in her release for time served under the more favorable DVSJA sentencing guidelines, it would also have required a difficult and retraumatizing resentencing hearing. A clemency grant, meanwhile, relied entirely on the discretion of the governor’s office, and necessitated an enormous amount of work with no guarantee that it would result in success given the low numbers of clemency grants awarded each year. The team ultimately decided to pursue the clemency path anyway, knowing that if it were unsuccessful, they could pivot to a DVSJA motion down the line. As part of this process, the Latham team worked on a comprehensive clemency application that included a video of Jacqueline and other survivor clemency applicants, engaged in extensive legal advocacy, and met with the governor’s clemency bureau.

The case for Jacqueline’s release was extraordinarily compelling. During their two-year relationship, Jacqueline’s partner had subjected her to intense physical abuse—including strangulation, one of the highest lethality risk factors—and had been subsequently arrested several times. On the night of August 26, 2012, Jacqueline’s abuser entered her home in violation of two Orders of Protection that she had obtained against him. As her abuser moved to confront Jacqueline, she stabbed him once with a kitchen knife, killing him. Despite the obvious history of domestic violence, trauma, and clear danger to Jacqueline that evening, prosecutors charged her with second-degree murder. Jacqueline ultimately entered a guilty plea to a lesser charge of first-degree manslaughter and received a 15-year sentence. On December 21, 2022, Governor Hochul announced that she was granting clemency to Jaqueline, along with twelve others. Sanctuary and the Latham team were overjoyed with the news.

We are so thrilled to highlight the incredible work undertaken by Jaclyn, Melange, Wendy, Brittany, and Jamie. Thanks to their advocacy, Jacqueline was released and reunited with her family in January 2023. Staff members from Sanctuary were present alongside the Latham team to welcome Jacqueline home and join her and her family for Jacqueline’s first meal outside prison in over 10 years. It was truly incredible to witness firsthand the warmth and trust that had developed between the team and Jacqueline after their years of fighting together to correct this failure of our criminal legal system.

Director of the Incarcerated Gender Violence Survivors Initiative Ross Kramer said,

“The Latham team’s outstanding legal work made a life-changing impact in this case. They believed in Jacqueline from the start, and they delivered. Their representation gave Jacqueline years of her life back, to spend with family, friends, and community. This would not have happened without the Latham team’s advocacy, creativity, and dedication.”

Latham’s Public Service Counsel and Director of Global Pro Bono Laura Atkinson-Hope concluded,

“Securing clemency for Ms. Smalls was the result of tremendous dedication and tireless effort from the team as well as incredible strategic guidance from Sanctuary for Families. I am so proud of everyone involved in achieving this result, and so grateful for our longstanding partnership with Sanctuary.”

To read more about this incredible case, including our interview with the team, please see here.

Join us at our Above & Beyond Awards Ceremony on October 25, 2023, as we honor Latham & Watkins’ outstanding pro bono work.

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Romy Felsen-Parsons is the Pro Bono Project Assistant at Sanctuary for Families.

Gov. Hochul Grants Clemency to Incarcerated Survivor Jacqueline Smalls

Sanctuary for Families

A spotlight on Sanctuary Pro Bono Partner Latham & Watkins for their team’s outstanding work in assisting a domestic violence survivor in a successful clemency application.

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*

All-Women Latham Team Assists Domestic Violence Survivor in Successful Clemency Application

2022 didn’t end before delivering one last piece of outstanding, long-awaited news: after over 10 years of incarceration, domestic violence survivor Jacqueline Smalls had been granted clemency by Governor Kathy Hochul and would be heading home at last, along with twelve other incarcerated individuals.

During their two-year relationship, Jacqueline’s partner had subjected her to intense physical abuse—including strangulation, one of the highest lethality factors—and had been subsequently arrested several times. On the night of August 26, 2012, Jacqueline’s abuser entered her home in violation of two Orders of Protection she had obtained against him. During a domestic altercation, as her abuser moved to confront Jacqueline, she stabbed him once with a kitchen knife, killing him. Despite the obvious history of domestic violence, trauma, and clear danger to Jacqueline that evening, prosecutors from the Schenectady County District Attorney’s office refused to consider the history of domestic violence and charged her with second-degree murder. Jacqueline ultimately entered a guilty plea to a lesser charge of first-degree manslaughter and received a 15-year sentence.

Sanctuary attorneys first met Jacqueline in 2019 after she had already been incarcerated for several years. Sanctuary identified Jacqueline as an ideal candidate for the then-newly enacted Domestic Violence Survivors Justice Act (DVSJA) and turned to Latham & Watkins LLP, a longtime pro bono partner and champion of survivors of gender-based violence, to work with Jacqueline on a DVSJA re-sentencing motion to reduce her sentence, which would likely result in her release for time served under the more favorable DVSJA sentencing guidelines. Associates Brittany Ehardt, Jaclyn Newman, Melange Gavin, and Wendy Gu, with supervision and strategic guidance from partner Jamie Wine, began strategizing at once. Though Jacqueline was clearly eligible for resentencing under the DVSJA, the District Attorney’s office indicated that it would oppose such a resentencing motion, which would have resulted in forcing Jacqueline to participate in a difficult and re-traumatizing re-sentencing hearing.  The team pivoted to clemency instead, knowing they could always return to a DVSJA strategy if they needed to.

On December 21, 2022 Governor Hochul granted clemency to 13 individuals, including Jacqueline, who will be released and reunited with her family on January 19, 2023.

“I recall doing Jacqueline’s intake in Bedford Hills and being immediately horrified by all the ways in which our system failed to protect her from her abuser, and then unduly and harshly punished her when she tried to protect herself. I was ecstatic when Latham agreed to represent her and I am forever grateful for their tireless work over the last couple of years to free Jacqueline.”

Nicole Fidler
Director, Sanctuary for Families’ Pro Bono Program

We are overjoyed at Jacqueline’s clemency grant.  We also believe that so many other incarcerated individuals deserve the same consideration from Governor Hochul. Given Governor Hochul’s previous pledge to increase the rates of clemency grants, we are hopeful that more incarcerated survivors will be granted clemency soon.

We sat down with Jaclyn Newman, Melange Gavin, Wendy Gu, and Brittany Ehardt to hear firsthand about their experience working with Jacqueline.

Why did you agree to represent Jacqueline?

Jaclyn: We originally took on this case thinking it was going to be a DVSJA case. We felt passionately about Jacqueline’s case and wanted to serve justice for her in light of the domestic abuse she had suffered, and saw this new statute as a potential avenue for her.

What was it like to build and maintain your relationship with your client?

Brittany:  In a case like this, when you’re dealing with sensitive and delicate topics, having the opportunity to meet in person was really helpful. After meeting with Jacqueline in person, it was about keeping the lines of communication open, with frequent contact, which helped build a positive and trusting relationship.  It was important to not only discuss her legal challenges, but also focus on the human side of things.

Melange: Especially when an individual is incarcerated, it’s easy to see them as just a name or a number. Once we started speaking regularly on the phone with Jacqueline and met her in person, it helped to develop our relationship with her. We all care for her on an individual and personal level.

How did you and Jacqueline cope with the inherent uncertainty of a clemency case? Did this create any unusual obstacles?

Jaclyn: It was a rollercoaster! We were faced with the difficult choice of taking a risk with the uncertainty surrounding a clemency application, or continuing with a DVSJA resentencing application. In many ways, the DVSJA re-sentencing application seemed to be the safer and more predictable option, because we knew Jacqueline had a strong case under the DVSJA and deserved to be resentenced and released. But when we learned that the DA wouldn’t oppose a clemency application, but would oppose a DVSJA application, we decided to pursue clemency first, given that the lack of opposition from the DA’s office provided us with a stronger clemency application.  Additionally, we hoped to avoid re-traumatizing Jacqueline on the stand during her DVSJA hearing.  We also knew that if clemency didn’t work out, we would go back to the DVSJA application as an alternative path to Jacqueline’s release.

Wendy: Throughout this process, Jacqueline kept such an open mind, and had faith in herself and us. It was a really strong motivator for the team, I think. She kept her head up and maintained hope and that kept the entire team going.

Did anything surprise you during this case?

Brittany: This case made me recognize that a lot of individuals lack a baseline understanding of domestic violence and trauma. Societally, with the way people think about these cases, we have a long way to go. While it was challenging to educate individuals about the impact of domestic violence while conducting the case, it was also positive to see that the education made a difference in the outcome for our client.

What is one of the biggest things you learned from working with Jacqueline?

Melange: This was the most one-on-one contact with an individual client that I’ve had. The client-facing experience is very different with an incarcerated client. Getting to know Jacqueline, I found myself connecting with her on a deeper level.  And of course, when it’s someone’s life on the line, it makes the stakes so much higher.

What did you find most gratifying about the experience?

Jaclyn: I think for me it was when Jacqueline’s family members started crying tears of happiness on the phone when they heard the news about her clemency grant.

Brittany: Also, as Jacqueline plans her reentry, it’s gratifying to think about what her life can be like now as she rejoins her community and her family. When we started working with her this possibility seemed so distant, so knowing that it’s within reach now is incredible.

Anything else we should have asked you but didn’t? Anything you want to add?

Brittany: It takes a village. Of course, we’re proud of the work we put into this case, but it took several groups coming together.  Partnering with Sanctuary and having resources and guidance available to us was so helpful. I think it’s a good lesson to anyone, no matter what you’re doing – it’s OK to ask for help from people who have experience in a certain field. It can only make the situation better.

Congratulations to Jacqueline, Melange, Brittany, Jaclyn, and Wendy!

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