PHOTO: GW Clinic with client’s permission. It’s never too early in your legal career to do meaningful work and save lives!
Professors Alberto Benitez & Paulina Vera of the GW Immigration Law Clinic report from the Annandale (VA) Immigration Court:
“I’ll only have a couple general statutory bar questions to ask and will defer to Judge Jimenez in granting relief”
Please join me in congratulating Immigration Clinic client W-G-G, from Venezuela. He was granted asylum this morning by Immigration Judge (IJ) Christina Jiménez. W-G-G was represented by student-attorneys Anam Abid and Matt Banaitis. W-G-G and his family were targeted by the Maduro government for their opposition views culminating in being removed from their home at gunpoint on New Year’s Day 2020. Only W-G-G was allowed to leave Venezuela but thanks to the asylum grant he can begin the process of bringing his wife and 11 and 8 year-young kids to the USA.
The ICE Assistant Chief Counsel complimented Anam and Matt on the thoroughness of their pretrial filing and direct examination, limited his cross-examination to the statutory bar questions, and deferred to the IJ’s discretion on the grant of asylum. The hearing lasted 50 minutes.
In addition to Anam and Matt, student-attorneys Jasmine Martínez and Mark Rook also worked on this case.
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Who says great representation and meticulous preparation don’t matter? (Disgracefully, during the Trump Administration EOIR tried to make exactly that bogus claim by releasing a fictional “fact sheet” full of lies.)
Thanks for showing us how the system could and should work in many more cases, Paulina and Alberto! Congrats to you and your amazing team of student attorneys! Imagine having saved lives like this before you even graduate from law school or take the bar!
It’s tragic that the Biden Administration just isn’t interested in institutionalizing due process, fundamental fairness, and best practices. This case represents real teamwork, expertise, and mutual respect from ALL participants for the common good.
I particularly liked the ICE Assistant Chief Counsel’s complimentary comments. “Positive reinforcement” and recognition of excellence is SO important in the development of practice skills! And, I know that GW Law has contributed outstanding talents to both the Government and the private/NGO sectors of immigration practice!
Everybody, including ICE and EOIR, benefits from great representation in Immigration Court! It also virtually guarantees appearance at all hearings without counterproductive expensive detention. Why isn’t the Biden Administration focused on funding, expanding, and institutionalizing the things that actually work and enhance due process?
I also recognize Judge Christina Jimenez for setting a positive tone and having the confidence to inspire those appearing before her to do their best and to let them “model” the proper resolution. “Retail level judging” is about teaching, inspiring, setting good examples, and reinforcing success. That appears to be exactly what Judge Jimenez did here!
This is also an example of why I urge practitioners to compete for Immigration Judge positions! Although the system often lacks consistent expertise and leadership “from above,” there is plenty of room for achieving justice, case by case, at the Immigration Court level. I constantly get reports of significant victories for the NDPA and their clients.
Last week, my Round Table colleague Judge Ilyce Shugall (she is also on the VIISTA permanent faculty) and I had a chance to work with VIISTA Villanova faculty and instructors from the National Institute of Trial Advocacy on mock Immigration Court hearings for VIISTA students. What an impressive group of smart, personable, engaged, and serious advocates! And, talk about prepared! This group was SO prepared for their sessions!
There is tremendous “un-mined” potential for great pro bono representation out here! If only the Biden Administration would work WITH the advocacy/NGO community on representation and best practices, rather than trying to shove their broken and user unfriendly “good enough for government work” model down the public’s throats!
Even if the Biden Administration prefers “deterrence gimmicks” to systemic due process and best practices, “change from below” can spread throughout the nation.
Unfortunately, this particular Venezuelan situation is hardly unusual. I’m sure I granted similar cases during my tenure.
One can imagine, however, that some Venezuelan asylum applicants in the same situation are denied in the “EOIR crapshoot that passes for justice” while others are sent away to peril without fair hearings by the Biden Administration’s anti-asylum policies at the border.
I hope that in the “next generation,” leaders like you, Paulina, and your NDPA colleagues can change this broken and unfair system! Because the Biden Administration sure isn’t getting the job done when it comes to due process, human rights, and equal justice. That will mean getting some political power to make Dems take notice or pay a price.
Thanks to you, Paulina, Alberto, and your talented student attorneys for all you do for American justice! If only the Biden Administration had the same commitment and dedication to due process, creative problem solving, excellence, and fundamental fairness, this system could be fixed!
🇺🇸Due Process Forever!
PWS🗽⚖️
03-25-23