Skadden Attorneys Help Client Secure Dismissal with Prejudice in Contentious Hague Petition Abduction Case

At this year’s Above & Beyond Awards and Benefit, Sanctuary is honoring a team of attorneys from Skadden, Arps, Slate, Meagher & Flom, LLP for their dedicated and powerful advocacy on behalf of their client, “Jocelyn Brown” throughout a contentious and complex international abduction case. 

Victoria O. Abraham is an associate in the Mergers & Acquisitions group at Skadden, Arps, Slate, Meagher & Flom, LLP and a co-chair of the Above & Beyond Committee on Sanctuary’s Pro Bono Council.

At this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, Sanctuary for Families is honoring a team of attorneys from Skadden, Arps, Slate, Meagher & Flom, LLP for their dedicated and powerful advocacy on behalf of their client, “Jocelyn Brown” throughout a contentious and complex international abduction  case.  We are pleased to honor this incredible team consisting of former associates Erin Simmons and Donna Farag, partners Lea Haber Kuck and Pat Rideout, and associates Mackenzie Newman, Christina Pryor, Maria da Silva, Chris Fredmonski, Tamar Lisbona, Caitlyn Cheleden, Joshua Atkinson, Molly Brien, Belinda Huang, Grace Jun and Pippa Hyde.

In December of 2018, a team of attorneys from Skadden took on the representation of Jocelyn Brown (“Ms. Brown”), a mother of three young children, in a case brought by her husband and the children’s father under the Hague Convention on the Civil Aspects of International Child Abduction (the “Hague Convention”) in the Eastern District of New York. The Hague Convention is an international treaty that provides a mechanism for addressing international child abductions. Under the Hague Convention, if a child is removed without consent from a Hague Convention signatory country to another Hague Convention signatory country, the left-behind parent can file an action in the court system of the country where the children have been removed to.  In this case, Ms. Brown had fled from the U.K. to New York with her three children to escape the domestic violence perpetrated by her husband.  The children’s father initiated an action in United States District Court, Eastern District of New York demanding the return of the children to the U.K.

Due to the nature of the relief sought, the Skadden team worked tirelessly to defend Ms. Brown from the “abduction” allegations brought against her by her husband.  Hague Convention cases are required by law to move quickly through the system and so immediately after Sanctuary contacted Skadden about representing Ms. Brown, the team had to hit the ground running. Under an extremely expedited timeframe, the Skadden team appeared in Court to respond to allegations that Ms. Brown and her family had evaded service. The team also answered the Hague Petition, propounded and responded to discovery requests, engaged a forensic psychologist to interview Ms. Brown and the children and to prepare a report documenting the effects of the domestic violence on the family, and ultimately prepared the case for trial in federal court.

“We had a team of attorneys who pulled together to work under demanding timeframes over the holidays to respond to the Hague Petition that was filed against the client,” said former associate Erin Simmons.  “Our team leveraged a wealth of experience and worked around the clock to achieve the best possible outcome for the client and her family.”

According to Erin, Sanctuary’s resources and connections were invaluable in helping the Skadden team prepare for trial:

“Sanctuary is a leading nonprofit in Hague representations for domestic violence survivors and they have significant expertise in this practice area.  Sanctuary connected us with the pro bono team from Paul Weiss, also working on a Hague Convention case in the E.D.N.Y, who was instrumental in helping our team navigate the representation.  Sanctuary also connected us with a forensic psychologist willing to perform the evaluations under the expedited timeframe set by the federal court.  That connection made a tremendous difference in our ability to defend our client.”

“The Hague Convention as drafted and implemented does not provide adequate protection for primary caretaker parents—typically mothers—who come to the United States to protect themselves and their children from dangerous domestic violence perpetrated against them by the left-behind parent,” said Sanctuary Pro Bono Director Nicole Fidler.  “For that reason, the expedited nature of the cases, and the high stakes, Hague litigation can be very challenging and I am deeply grateful for our dedicated Hague Convention partner law firms, like Skadden, who take this challenge on without question.  The work Skadden did on behalf of Ms. Brown was off the charts.” 

The Skadden team benefited directly from partner Lea Haber Kuck’s international legal experience and partner Pat Rideout’s trial experience as well as invaluable contributions from associates Mackenzie Newman, Christina Pryor, Maria da Silva, Chris Fredmonski, Tamar Lisbona and Caitlyn Cheleden and former associates Erin Simmons and Donna Farag, who approached the enormous task of litigating a federal case in three months with confidence and enthusiasm.

On the eve of trial, the Skadden team suggested a mediation and ultimately brokered a favorable settlement that secured the dismissal of the case with prejudice, which means that the case cannot be re-filed,  allowing Ms. Brown to remain with her children in New York subject to modest access terms for the children’s father. The settlement also provided for a dismissal with prejudice of a family court case that was pending in the U.K.

Mackenzie Newman said,

“Working with the kids was very rewarding. They were the ones who the whole case was about.”

Join us at our Above & Beyond celebration on November 12, 2019, at the RUMI Event Space, 229 W 28th St, New York, NY as we honor the outstanding pro bono work by the team from Skadden.  You can buy tickets here

If you can’t join us, but would like to support Sanctuary for Family’s work, please consider making an Above & Beyond donation here.

First Year Skadden Attorney Wins Five Year Order of Protection for Survivor of Domestic Violence

At this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, Sanctuary for Families is honoring Tansy Woan, a litigation associate at Skadden, for her pro bono work on behalf of Ms. G, a woman who was seeking a full five-year order of protection against her husband, who subjected her to severe physical, sexual, and emotional abuse during their relationship.

At this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, Sanctuary for Families is honoring Tansy Woan, a litigation associate at Skadden, for her pro bono work on behalf of Ms. T, a woman who was seeking a full five-year order of protection against her husband, who subjected her to severe physical, sexual, and emotional abuse during their relationship.

From the Dominican Republic to Maryland

Just over four years ago, Ms. T, then 21-years old and living in the Dominican Republic, thought that she had met the love of her life when she came across Mr. S, a charming older American man in his 30s. They hit it off immediately and began dating.

They continued to date long distance after he returned to the United States. As their relationship progressed, Mr. S asked Ms. T to consider moving to the United States to be with him. She agreed and moved in with him in Maryland, and they were engaged shortly thereafter. That was when Ms. T’s life shattered. 

After Ms. T moved to Maryland, Mr. S became a different person. He became increasingly angry with her and started yelling at her and threatening her. He then began physically abusing her. Six months into their relationship, his violence intensified to severe sexual abuse and threats against Ms. T’s life with a firearm that Mr. S kept in their shared bedroom. Ms. T was living in constant fear, with no friends or family nearby and no means of support. When the abuse became too much for her to bear, Ms. T fled to New York City and found Sanctuary for Families. Sanctuary assisted Ms. T in obtaining a temporary order of protection against Mr. S.  But Ms. T still needed a full and final five-year order of protection, and Sanctuary turned to Skadden for assistance.

Tansy Woan steps in

twTansy Woan, then a newly-minted first year associate at Skadden, immediately stepped in.  Tansy had worked on domestic violence cases when she was in college, and had hoped that once she began practicing, she could incorporate her passion into her legal practice as well.  The March 2014 e-mail that came across her inbox, seeking an attorney interested in working on Ms. T’s order of protection application pro bono, seemed almost fortuitous and Tansy jumped at the opportunity.

Thus began an 18-month long bench trial in Bronx Family Court.  Determined to prove Mr. S’s cruelty, Tansy, under the guidance of Dara Sheinfeld, Sanctuary’s Legal Director at the Bronx and Manhattan Family Justice Centers, skillfully advocated for Ms. T throughout the trial.  Tansy gently elicited Ms. T’s story during her emotional direct examination.  And she skillfully handled the long and challenging cross-examination of Mr. S, carefully highlighting the many inconsistencies in his testimony, and the inconsistencies between his testimony and the evidence, succeeding in badly damaging his credibility. According to Dara, Tansy was “fierce during cross examination,” in spite of Mr. S’s aggressive and unpleasant demeanor during the trial.

Tansy’s skilled advocacy resulted in the granting of a full and final five-year order of protection for Ms. T. Tansy’s effective representation was achieved in no small part because of her ability to connect and establish trust with Ms. T. It was extraordinarily difficult and re-traumatizing for Ms. T to recount her difficult story, both during prep sessions and at trial. The process of having to go through all the details was excruciating and emotional, and it was only with Tansy’s ability to comfort Ms. T and create a safe space for her to tell her story that Ms. T was able to do so. As Dara explained, Tansy showed “extraordinary empathy” for Ms. T, “always giving her the time she needed to deal with the feelings and emotions that trial preparation evoked.” And as Tansy reflected, “A lot of the advocacy that I did was just to comfort her, and to give her strength. My job wasn’t just to prepare for trial, it was to be there for her.”

Reflections and advice

In April 2016, after a long and drawn out trial, and shortly after Tansy left Skadden for a judicial clerkship, Ms. T received the protection for which she had fought so desperately. The Family Court granted Ms. T a full and final five-year order of protection, the longest possible under the law. Tansy was ecstatic with the outcome.

“It was an honor to have this experience, and to help Ms. T work through a very difficult period of time.  Not only was I doing a full-blown trial with Sanctuary as a first year associate, but I was giving Ms. T the chance to have her side of the story heard, and to help her fight back against this man who terrified her for years.  It felt so good to tell her that it was all worth it, and to say to her:  ‘Your courage got you through this.’”

Tansy reiterated that she was only able to do what she did because of the support that she received from Sanctuary, particularly Dara:

“Dara was amazing.  She was there with me at every client meeting and every court appearance, and always made herself available to answer any questions I had, no matter how often or what time of day.   Without her, I don’t know how I would’ve gotten through the trial – she helped me practice my cross examinations, my openings, everything, really.  It was my first trial ever and she really helped me to feel at ease.  I can’t imagine having gotten through it without her.  I can’t thank her and Sanctuary enough for all of the mentoring, support, and encouragement they have provided.  It is so inspiring to work with someone as passionate as Dara.”

Tansy also marveled at how Skadden rallied the full weight of their resources behind Ms. T. Other attorneys at the firm, including Steve Kolleeny, Jay Kasner, Scott Musoff, Lauren Aguiar, and Rob Fumerton, took time out of their busy schedules to offer advice and guidance and to run through arguments.  Steve, who was the Skadden attorney overseeing Tansy’s representation of Ms. T, was particularly instrumental during the case. Tansy reminisced, “He was phenomenal, so incredibly busy, but always made time to help this anxious first year associate.” Tansy had wanted nothing more than for Steve to see the trial through, to show him that all of the hard work that went into it eventually paid off, but to everyone’s great loss, Steve passed away in September 2014.

With Tansy now back from her clerkship at Skadden, she is even more determined to take on another domestic violence matter for Sanctuary.  She even has some advice for future young attorneys hoping to make a true difference in the life of another:  “Prepare for the unexpected.  Know your facts and the law by heart.  And, above all, remember to be human.  So much of Ms. T’s testimony required that she maintain her cool under pressure, and that she trust me.  For me to gain her trust, and to be there for her, required that I be so much more than an attorney.” 

Ms. T was incredibly grateful and thrilled with the outcome:

“[Tansy] earned my trust and respect for the way and dedication with which [she] perform[ed] [her] work.  Tansy was always there listening to my story and looking for the best way to help me get my order of protection.  I felt very privileged that among the many cases she could work on[,] [that she chose] mine the way [she] did.  [A]ll I can say is thank you very much and God bless her and allow her to continue to have success in her work.”

Join us at our Above & Beyond celebration on October 19, 2016 at the Highline Ballroom as we honor Tansy’s outstanding pro bono work. Learn more about the event here.  If you can’t join us, but would like to support Sanctuary for Family’s work, please consider making an Above & Beyond donation here.

Etienne Barg-Townsend is Senior Legal Counsel at KGS-Alpha Capital Markets, L.P., a New York-based institutional fixed income broker-dealer.  She was formerly a litigation associate at Shearman & Sterling LLP, Cahill Gordon & Reindel, LLP, and Cravath, Swaine & Moore LLP.  She has worked on several pro bono matters with Sanctuary, and is in the process of developing a pro bono program at KGS-Alpha.  She is a member of Sanctuary’s Pro Bono Council and is Co-Chair of this year’s Above & Beyond gala. 

 

Former Skadden Associate Michael Van Hulle Honored for His Work with Survivors of Gender Violence

At this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, Sanctuary for Families is honoring former Skadden litigation associate Michael Van Hulle for his pro bono work on behalf of six Sanctuary clients, all survivors of gender violence, whose lives were put on hold as they waited for years for their asylum office interviews to be scheduled.

michael-van-hulleAt this year’s Above & Beyond Pro Bono Achievement Awards and Benefit, Sanctuary for Families is  honoring Michael Van Hulle, a former litigation associate at Skadden,  for his pro bono work on behalf of six Sanctuary clients, all survivors of gender violence, whose lives were put on hold as they waited for years for their asylum office
interviews to be scheduled. 

Fleeing gender violence, asylum seekers find themselves in limbo

In early 2015, Sanctuary for Families reached out to Skadden, Arps, Slate, Meagher & Flom LLP with a unique request –   a mandamus action against U.S. Citizenship and Immigration Services (“USCIS”).  Sanctuary had six asylum clients who had been waiting years for their asylum interviews.  The clients fled from various forms of gender violence abroad, from female genital mutilation (“FGM”) and forced marriage to domestic violence and trafficking, to seek protection from the U.S. government.

Although federal regulations require that USCIS grant interviews to asylum applicants no later than 45 days after the date their application is filed, backlogs at the asylum offices have led to an average wait time of two to three years for interviews in New York and New Jersey.

As a result of these significant delays, asylum seekers find themselves in limbo, remain separated from family members still at risk of violence overseas, and struggle to make ends meet due to ineligibility for public assistance, housing, and even Medicaid in certain states.

Dania Lopez Beltran (former Sanctuary attorney) and Sanctuary attorney Sayoni Maitra reached out to Skadden regarding the possibility of filing a mandamus complaint on behalf of Sanctuary’s clients. Dania and Sayoni had learned that Michael recently worked on a similar matter for Immigration Equality and therefore had the expertise needed for this particular lawsuit.  This was Michael’s first Sanctuary matter, and he was excited to get involved again on behalf of deserving asylum clients who needed legal representation.

Changing USCIS policy

Michael moved quickly.  He drafted and filed under seal a complaint seeking a writ of mandamus in the Southern District of New York against the New York and Newark Asylum Offices on behalf of Sanctuary’s clients.  The complaint alleged that USCIS was statutorily required to interview each asylum applicant within 45 days.

After the complaint was filed, Michael heard back from an Assistant United States Attorney in the Southern District of New York.  Up until early 2015, USCIS had been utilizing a “last in, first out” system of scheduling asylum interviews.  This meant that applicants who had submitted their applications most recently were scheduled interviews before those who filed years before.

However, just around the time Michael filed the mandamus complaint on behalf of Sanctuary’s clients, USCIS switched to a “first in, first out” policy, so that those cases dating back to around 2012 would now be scheduled interviews at the New York and Newark Asylum Offices. While a welcome change, the policy shift did not reduce the average wait times facing asylum applicants, and those who filed after 2012 continued to languish in purgatory while their interviews remained unscheduled.

USCIS’s new approach to scheduling asylum interviews benefited some of Sanctuary’s clients.  Two of Sanctuary’s clients, however, remained in limbo after the policy change and could not afford to wait another year or two for an interview.  They were in particular need of immediate assistance, and it was on their behalf that Michael’s advocacy and perseverance paid off.

Campaigning on his clients’ behalf

The first client, Ms. A, had daughters back in her home country who were at an age when most girls in their community have already been subjected to FGM.  In 2013, after Ms. A’s husband and children went into hiding, Ms. A fled to the United States to seek asylum, hoping that she could then apply for her husband and children to join her.  As time passed, however, Ms. A feared more and more that her daughters would be located by her family and forced to undergo FGM.  Scheduling her asylum interview therefore became critical.

The second client, Ms. B, had been repeatedly raped for years by her trafficker until she was finally able to escape from him.  As a result of the sexual abuse that she was subjected to, Ms. B experienced medical symptoms that worsened over the years and required immediate medical care by the time she was in the United States in 2013.  However, in New Jersey, where she was located, individuals with pending immigration applications are ineligible for Medicaid, and without Medicaid, Ms. B remained unable to obtain the treatment that she desperately needed.

Michael diligently and passionately advocated on behalf of Sanctuary’s clients, through letters and phone calls, explaining the urgency that was now facing each woman.  He told each woman’s story, of why USCIS’s utter failure to abide by the 45-day rule was creating an increasingly dire situation. 

Eventually, his campaign led to settlement negotiations with the Assistant U.S. Attorney, pursuant to which all six Sanctuary clients, including Ms. A and Ms. B, were finally able to get what they’ve been fighting for:  their interview dates.  Having been granted asylum, Ms. A has applied for her children to join her as asylee derivatives, and Ms. B was enrolled in Medicaid to receive the health care she needed for so long.

Heroes among us

Reflecting on the phenomenal outcome of his negotiations and efforts, Michael stated that he was proud to have been able to make a real difference in the clients’ lives.  When he initially took on the matter, he read through each woman’s asylum application.  He marveled at the strength demonstrated by each woman, and the adversity that they had to overcome to escape their circumstances.  He remarked,

“There aren’t heroic people doing heroic things anymore; but here, I would read these affidavits, and think, ‘Wow, that is actually heroic.’ [It was hard to read through these applications without], getting a little teary eyed.”

The emotions became even more poignant when the settlement with the U.S. Attorney’s Office was signed in late 2015.  He felt “good,” remarking, “It really was difficult to beat the raw emotional impact of getting to do this type of work.”  His hard work brought about a positive change to the lives of six women who had survived – with a heroic level of grace and courage – acts of incomprehensible cruelty and horror.  His advocacy also held the government accountable for their decisions not to abide by a clear statutory requirement, by pointing out the costs and consequences that were at risk.  It was a touching end to his time at Skadden.

Being able to see the matter to conclusion was also an emotional victory for Michael on a personal level.  Steve Kolleeny, former Special Counsel and the head of Skadden’s pro bono asylum program, had been the person who reached out to Michael and encouraged him to take on the government to seek justice on behalf of asylum seekers.  He had been a personal and professional mentor to Michael, and a source of inspiration in his dedication to providing unparalleled advocacy on behalf of asylum applicants.

Shortly before Michael began working on the mandamus complaint for Sanctuary’s clients, however, Steve passed away.  Michael was particularly proud and honored to have had the opportunity to follow in the large footsteps of his mentor in his fight on behalf of deserving asylum clients.

 

Join us at our Above & Beyond celebration on October 19, 2016 at the Highline Ballroom as we honor Michael’s outstanding pro bono work.  You can buy tickets here.  If you can’t join us, but would like to support Sanctuary for Family’s work, please consider making an Above & Beyond donation here.

Etienne Barg-Townsend is Senior Legal Counsel at KGS-Alpha Capital Markets, L.P., a New York-based institutional fixed income broker-dealer.  She was formerly a litigation associate at Shearman & Sterling LLP, Cahill Gordon & Reindel, LLP, and Cravath, Swaine & Moore LLP.  She has worked on several pro bono matters with Sanctuary, and is in the process of developing a pro bono program at KGS-Alpha.  She is a member of Sanctuary’s Pro Bono Council and is Co-Chair of this year’s Above & Beyond gala.