Tushna Gamadia: Sanctuary Pro Bono Partner Spotlight

Sanctuary for Families

A spotlight on Sanctuary Pro Bono Partner Tushna Gamadia and her outstanding work representing survivors of gender-based violence for over 16 years.

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*

Few could rival Tushna Gamadia’s dedication and generosity in providing her time, brilliant advocacy, and support to survivors of gender-based violence. Tushna, Of Counsel at Morrison & Foerster LLP for almost ten years and former associate at Cadwalader, Wickersham & Taft LLP for eleven years, has been contributing to Sanctuary’s mission for an astounding sixteen years. During this time, Tushna’s representation of survivors has truly run the gamut, from uncontested divorces to name changes to an array of immigration matters such as asylum, SIJS, U-visas, VAWA self-petitions, and adjustment of status cases. Simultaneously, she has been a long-time member of Sanctuary’s Pro Bono Council (PBC), an ardent supporter of Sanctuary’s holiday Adopt-a-Family and gift card programs, as well as a steadfast volunteer at Sanctuary’s annual Above & Beyond Awards ceremony and Zero Tolerance benefit. Tushna has consistently answered the call to action to support Sanctuary and survivors of gender-based violence in whatever way she can. It is our pleasure to highlight Tushna for this month’s Pro Bono Spotlight.

In her non-pro bono work, Tushna is a real estate lawyer who notes that her favorite part of work is spending all day interacting with people—be it clients, colleagues, or nonprofit service providers.

“I have always believed there should be equal justice and access to the law for everyone, not just if you’re fortunate enough to be able to afford a lawyer. That is part of the reason I became a lawyer in the first place.”

-Tushna Gamadia

On why she works with survivors of gender-based violence, Tushna explains, “I have been so inspired by my pro bono clients. They have such courage; they refuse to give up despite having been through so much, literally through hell and back oftentimes. They keep believing that if they just persist and work at it they can make a better life for themselves and for their children. I want to work with people like that, whom I learn from and whom I consider role models.” Tushna notes that despite frequent language barriers, trauma, and the stress of juggling childcare with making a living, her clients have always been gracious, found ways of communicating effectively, and shared with her their senses of humor and their stories.

Tushna Gamadia

In one memorable case, Tushna represented a teenage girl in her Special Immigrant Juvenile Status (SIJS) proceeding and witnessed her client recount the years of abuse and neglect she had experienced to the judge. Tushna recalls how stoic and steadfast this young client had been throughout the preparation of the case, but how she finally broke down for the first time during trial when faced with compassion from the judge. Despite everything she had endured, she was determined to go to college, get a job, have an apartment, and live an independent and fulfilled life. According to Tushna, it was one of the happiest moments of her life when the judge in Bronx Family Court granted the client’s petition and issued an Order finding her eligible for SIJS and appointing her former stepmother her guardian. Based on those findings, the United States Citizenship and Immigration Service granted the client permanent residence and she was able to remain in the U.S. and achieve her goal of graduating from college..

Incredibly, Tushna’s work with Sanctuary is not the only pro bono work she does. Pre-pandemic, Tushna was a regular participant in the New York City Family Court Volunteer Lawyer Program since 2014, helping pro se litigants understand their cases and advising them on their next steps, and during the height of the Covid crisis, Tushna led Morrison Foerster’s Real Estate Group’s participation in the Small Business Legal Relief Alliance, counseling clients primarily on their rights and obligations under their leases and how to negotiate with their landlords.

Says Jennifer Brown, Senior Pro Bono Counsel at Morrison Foerster, “The breadth of Tushna’s concerns and commitments was vividly illustrated when she won MoFo’s firmwide pro bono award in 2020—an award which is given to only one attorney per year. The award includes directing a $10,000 donation from our firm’s foundation and Tushna asked that the funds be shared by four organizations, including Sanctuary.”

“It has been my absolute privilege to work with and get to know Tushna during my time at Sanctuary. I am frequently inspired by the depth of her compassion and the amazing, trauma-informed lawyering she provides to our clients. And she’s just generally a kind and wonderful person to know!”

Nicole Fidler
Director, Sanctuary for Families’ Pro Bono Program

In her free time, Tushna enjoys taking long walks with her dogs, being out on the water and outdoors generally, and reading and cooking.

We are so grateful to Tushna for her incredible work on behalf of survivors.

Join Tushna in standing with our clients. Your gift supports Sanctuary’s life-saving work with survivors of gender violence.

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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!

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

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Sullivan & Cromwell: Sanctuary Pro Bono Partner Spotlight

Sanctuary for Families

A spotlight on Sanctuary Pro Bono Partner Sullivan & Cromwell for their team’s outstanding work in securing T-Nonimmigrant Status for a Guatemalan survivor of sex trafficking at the hands of a Customs and Border Patrol agent.

Sanctuary for Families’ Pro Bono Project has the honor of working with hundreds of extremely dedicated and expert pro bono attorneys annually. As part of our new Pro Bono Spotlight, we’ll highlight 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 a Survivor Fleeing Domestic Violence and Trafficking

Beginning in 2020, Sanctuary for Families partnered with Sullivan & Cromwell (“S&C”) on an appeal on behalf of a survivor of trafficking at the hands of a Customs and Border Patrol (CBP) agent who grossly abused his position of power over Ms. Aura Hernandez and her young nephew. In 2021, we learned that the appeal was successful and in 2022, Ms. Hernandez was granted T Nonimmigrant Status, which has put her on a pathway to citizenship. This was the culmination of over 15 years of struggle and courage on the part of Ms. Hernandez to ensure safety and security for herself and her family. Sanctuary is honored to have been able to support Ms. Hernandez on that journey, and forever grateful for the outstanding, creative lawyering of the S&C team who represented Ms. Hernandez on her challenging appeal.

Fleeing severe domestic violence in her home country of Guatemala in 2005, Ms. Hernandez and her nine-year-old nephew embarked upon a dangerous two-week journey to Texas that ended within the walls of a detention facility. Already traumatized and terrified, Ms. Hernandez was met with an abusive CBP agent who threatened deportation or family separation of her and her nephew if she did not comply with his forceful demands for sexual acts. In a small room at the detention facility, the CBP agent sexually assaulted Ms. Hernandez, and then failed to timely release her and her nephew. Despite this, Ms. Hernandez and her nephew were ultimately able to continue their journey to New York and she began to settle into a new life. Then, under the Trump administration, a new threat emerged: Ms. Hernandez was informed that she was to be deported back to Guatemala, regardless of the risk this posed to her life.

With this backdrop of fear, in 2018, Ms. Hernandez and her infant daughter moved into a Manhattan church for sanctuary. As she fought to remain in the United States, Ms. Hernandez’s case drew national attention, including coverage by The New York Times and other publications. She redirected that spotlight, becoming an incredible advocate for women and immigrants, speaking out about the inhumane conditions of ICE detention centers and the sexual violence that was rampant within their walls, as well as against the barriers that prevented her and her family from experiencing true safety. “I don’t intend to stand here with my arms crossed and do nothing,” she told The New York Times. “I have to stand up and raise my voice because an injustice is being committed to me and to us. I think I’m here for a reason.”

It was around this time that Sanctuary began working with Ms. Hernandez, helping her file for T Nonimmigrant Status. Sanctuary argued that she was a victim of trafficking at the hands of the CBP agent and that she had, as required to obtain a T-Visa, cooperated with the investigation into the sexual assault (though it had not resulted in any disciplinary action against the agent). However, the visa was denied, throwing Sanctuary into high gear, as notices of appeal and briefs in support must be filed within 90 days of the denial. Sullivan and Cromwell attorneys Olivia G. Chalos, Regina M. Roediger and Sharon Cohen Levin, a longtime Sanctuary pro bono partner and anti-trafficking advocate, jumped in to co-counsel with Sanctuary on the appeal and immediately set to work proving Ms. Hernandez’s eligibility.

Sanctuary Senior Staff Attorney Ines Chennoufi, who worked with the team, explained that the case was “particularly difficult because U.S. Citizenship and Immigration Services (USCIS) argued that Ms. Hernandez did not meet any of the eligibility requirements for a trafficking visa. Typically, at the appeal stage of a case, we only have to argue one discrete area of law or facts. Here, the Sullivan & Cromwell team had to argue that Ms. Hernandez satisfied all of the eligibility requirements for T Nonimmigrant Status.” One of the critical elements that the team had to prove was that Ms. Hernandez was a victim of a severe form of trafficking.

“In order to be eligible for a T-Visa, an applicant must establish that they were a victim of a severe form of trafficking, which includes a ‘commercial sex act.’ USCIS denied Ms. Hernandez’s application in part because it found that the sexual abuse perpetrated at the border was not ‘commercial.”

Ines Chennoufi
Senior Staff Attorney, Sanctuary for Families

The Sullivan & Cromwell team demonstrated incredibly creative and pragmatic lawyering to establish that the sexual act here was coerced in direct exchange for something of immense non-monetary value—freedom from the detention center for Ms. Hernandez and her nephew, and a safer life in the U.S. The team used the decisions in the Harvey Weinstein prosecutions to establish that the definition of a commercial sex act is broad and encompasses more than just monetary gain or something of economic value. They pointed out that in one of the Weinstein decisions, the court found that value can include “promises of career advancement” or the opportunity to meet a world-renowned film producer. These arguments were clearly persuasive–the decision issued by the Administrative Appeals Office (AAO) found that Ms. Hernandez’s safety and liberty, her fear of deportation and her nephew, all constitute things of “value” to her and the CBP agent used them against her to force and coerce her into providing a nonconsensual sexual act.

In the winter of 2021, Ms. Hernandez was informed by the AAO that she had successfully demonstrated she was the victim of a severe form of trafficking and her application was remanded to USCIS. In July 2022, she received the approval notice, granting Ms. Hernandez T Nonimmigrant Status for a period of four years. In three years, she will be eligible to apply for Lawful Permanent Residence (a green card) and eventually for citizenship.

“We are thrilled with this outcome for Ms. Hernandez, and proud to have partnered with Sanctuary’s incredibly talented lawyers on this challenging case.”

Sharon Cohen Levin
Pro Bono Partner, Sullivan & Cromwell

Sanctuary is profoundly grateful to the Sullivan & Cromwell team for being a critical partner in Ms. Hernandez’s fight for safety and security in the U.S. and for all their work on behalf of survivors of trafficking.

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

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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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