William & Mary Law Immigration Clinic – immigrationcourtside.com

🇺🇸⚖️🗽 W&M IMMIGRATION CLINIC STUDENTS SHOW ESSENTIAL ROLE OF GREAT REPRESENTATION IN A SYSTEM GEARED TO “REJECT, NOT PROTECT!”

https://wmimmigrationclinicblog.com/2024/05/07/our-clients-story-sang-instead-of-whispered-immigration-clinic-students-represent-client-in-asylum-trial/

From the William & Mary Law School Immigration Clinic Blog:

“Our Client’s Story Sang Instead of Whispered”: Immigration Clinic Students Represent Client in Asylum Trial

7MAY 2024

Caitlin Parets, J.D. ’24 (left) and Alison Domonoske, J.D. ’24 (right) after their trial in Immigration Court (Spring 2024).

During the last week of Law School classes, Immigration Clinic Students Caitlin Parets, J.D. Class of 2024 and Alison Domonoske, J.D. Class of 2024 represented their client in a four-hour asylum trial. The students traveled with Clinic Professors Nicole Medved and Stacy Kern-Scheerer to appear before the Department of Justice on behalf of the Clinic’s client, Ms. B*.

Ms. B fled to the United States from Central America after suffering death threats at the hands of the powerful maras. After moving to Hampton Roads to find safety with her family, Ms. B reached out to the Immigration Clinic for assistance with her case before the Immigration Court.

Simply having representation in a case before the Immigration Court makes a difference in an asylum seeker’s case. Currently, there is no right to an appointed lawyer in Immigration Court. This means that, if someone cannot afford an attorney or find a nonprofit or law school clinic to represent them, they must represent themselves in court. As of January 2024, less than half of all immigrants facing deportation in immigration court in Virginia had a lawyer. Those who do have representation are significantly more likely to win their case. A 2016 study by the American Immigration Council “found that immigrants were five times more likely to obtain legal relief if they were represented by counsel.” Knowing the impact of representation on cases like Ms. B’s, the Clinic accepted Ms. B as a client.

In the Fall 2023 semester, Alison Domonoske, J.D. Class of 2024, was assigned to work with Ms. B on her asylum case. Alison first got to work preparing to take pleadings in the Immigration Court at Ms. B’s first hearing, called a Master Calendar Hearing. At that hearing, after pleadings were taken, the Immigration Judge scheduled Ms. B for her trial, known as an Individual Hearing, on April 25, 2024. Now, with the trial scheduled, the Clinic jumped into action. At the beginning of the Spring 2024 semester, Caitlin Parets, J.D. Class of 2024, joined the case to prepare for the trial.

In every asylum case, country conditions evidence is critical to provide context for each asylum seeker’s claim, helping the adjudicator understand why an asylum seeker deserves protection. Federal Courts of Appeals again and again have found this information critical in their decisions. In Central American cases, especially those involving violence by the maras like MS-13 and Barrio 18, country conditions are essential to helping judges consider the case beyond American conceptions of “gangs” and “gang violence.” Dr. Thomas Boerman, an expert on Central American gangs best summarized these misunderstandings in his 2018 article in Immigration Briefings:

“[U]nless one has extensively researched and witnessed firsthand the ways in which gang culture manifests in Central America, it is not possible to possess a comprehensive understanding of their influence, the level of control that they exert, or the level of terror, trauma, desperation, and helplessness that they engender in the population in areas under their control.”

These general misunderstandings of life in Central America presented unique challenges to Alison and Caitlin in preparing Ms. B’s case. Not only did they have to show how the facts of Ms. B’s case meet the high standards for asylum, but they also had to overcome misunderstandings of Central American gang violence in order to make their case.

Alison and Caitlin faced these challenges head-on. They conducted extensive country conditions research and legal research to write a brief in support of Ms. B’s case for asylum. They also met regularly with Ms. B to better understand her experience and focus their research. Alison and Caitlin also met weekly with their supervising attorney, Professor Nicole Medved, to discuss each step of their progress.

“Alison and Caitlin worked so hard to prepare a thorough, detailed, and nuanced record for the case,” said Professor Medved. “Preparing a record for trial, always with an eye toward preserving the record for appeal, is difficult for practicing attorneys. It is even moreso difficult for law students as they work on their cases, classwork, and other responsibilities as law students. In spite of all of this, Alison’s and Caitlin’s work product on this case was exemplary.”

“I could not have appreciated at the beginning of the semester how much our understanding and our arguments would evolve and grow in stature and creativity until we were left with the robust and finely crafted case we presented to the judge,” shared Caitlin.

After submitting their brief and supporting evidence, Alison and Caitlin prepared the case for trial. Alison carefully drafted direct examination questions for Ms. B, while Caitlin wrote the closing argument to address the complex legal issues and the extensive evidence in the record. Throughout April, Alison and Caitlin continued to meet regularly with Professor Medved to review their progress.

Alison (left) and Caitlin (right) during the mock hearing (Spring 2024).

As part of their preparation, Caitlin and Alison also had a mock hearing in mid-April. Ashley Warmeling graciously volunteered her time to serve as the judge for their mock hearing, Professor Kern-Scheerer was opposing counsel, and classmate Christina Kim, J.D. Class of 2024 served as the client. After the hearing, Ms. Warmeling provided feedback on the case and what they could expect from a judge in court and offered her advice on their preparation. This mock hearing was a critical step in the students’ preparation for the April 25 trial.

“I was impressed by the students’ preparation and commitment to their client,” said Ms. Warmeling. “This mock hearing–especially when played out in a courtroom setting–gave them a safe space to respond to unexpected curveballs that could come up at their actual trial. Without the Clinic’s intervention, this client would have likely had to navigate the immigration system alone. She would not have been able to assert the creative arguments set forth by these law students. No matter the outcome, this client is so fortunate to have had the advocacy of such a devoted legal team.”

During the trial, Alison and Caitlin represented Ms. B under Professor Medved’s supervision in a four-hour hearing. Alison conducted direct examination of Ms. B through an interpreter and asked redirect questions after cross-examination. Through her questions, she laid the factual foundation needed for closing argument. At the end of the hearing, Caitlin gave her closing argument, showing how Ms. B’s testimony, the record evidence, and Fourth Circuit case law supported a grant of asylum. At the end of the hearing, the Immigration Judge decided to issue a written decision in the case, which will be sent to the Clinic at a later time.

“I’m very grateful for the learning experience of clinic and being able to see Ms. B’s case from the beginning in the Clinic through her individual hearing,” said Alison. “That feels unique since it was such a quick turn-around with the individual hearing date. I’m also happy that I feel like I built good rapport with Ms. B through our interviews and that she trusted me as an advocate. It was challenging but I’m really proud of what we were able to do.”

“As I sat in the courtroom and watched the proceedings unfold, I kept thinking about all the people who do not have an attorney in immigration court,” said Caitlin. “Ours was a case that the judge probably would not have bat an eye at denying after first glance, but because we were able to fully listen to our client’s story, peel back its layers, dig into the facts, and articulate the nuances of her case, our client’s story sang instead of whispered.”

“I could not be prouder of Alison and Caitlin and all of their hard work this semester,” said Professor Medved. “Alison and Caitlin put in so many hours to prepare so thoroughly to be such extraordinary advocates for our client. Trials are always a roller coaster, requiring advocates to be nimble and responsive to the Judge’s concerns and opposing counsel’s arguments. Alison and Caitlin never broke their stride and advocated thoughtfully and zealously for our client. I am so proud of everything they accomplished. Regardless of the judge’s decision, Alison and Caitlin gave Ms. B the best chance possible at winning asylum.”

Experiences like these are made possible by the Clinic’s generous supporters. You can make more student experiences like this possible by donating to the Immigration Clinic.

The Clinic cannot guarantee any particular results for any particular individual or particular case. While the Clinic celebrates our victories and hard work, we recognize that each case is unique. Every noncitizen should consult with a licensed attorney about their case if they are concerned about their situation or are interested in applying for any form of immigration relief. The Clinic cannot promise any particular outcome or any timeframe to any client or potential client.

*All client names and initials have been changed for confidentiality and security

********************

This is a great illustration of why more gimmicks, such as the ones recently proposed by the Biden Administration, intended to cut off access to both representation and a hearing process at which proof and informed legal arguments can overcome anti-asylum biases built into the system, will result in more denials of due process, wrong decisions, and improper returns of bona fide refugees.

The Biden Administration and Congress should be focusing on improving our asylum adjudication system so that it provides fundamentally fair, timely, and correct decisions. Instead, far too much attention and too many resources are devoted to a futile attempt to institutionalize cruelty and over-denial as “deterrents.”

Congrats and great appreciation to the students and faculty at the W&M Law Clinic for “getting the message on due process,” even if our political leaders ignore it! The “youth brigade” of the NDPA is our hope for America’s future! 🇺🇸

🇺🇸 DUE PROCESS FOREVER!

PWS

05-13-24

⚖️🗽 WILLIAM & MARY IMMIGRATION CLINIC NOTCHES KEY AFGHAN ASYLUM VICTORIES!🎉👏😎

From the William & Mary Law School Clinic Blog:

The Immigration Clinic Wins Two Asylum Cases in One Day

15APR 2024

Last week, the Immigration Clinic secured two asylum victories in one day for our Afghan allies. These cases spanned two academic years, but both cases were granted by the Arlington Asylum Office on the same day.

In August of 2021, thousands of people went to Hamid Karzai International Airport in Kabul, Afghanistan to flee the Taliban. Among those thousands of people were Ms. S*, daughter of an Afghan government official, and Mr. K*, an Afghan attorney, and his wife Mrs. K*. Luckily, they all managed to get on a plane out of Kabul and were evacuated to the United States. When they were resettled to Hampton Roads, Ms. S, Mr. K, and Mrs. K all reached out to the Immigration Clinic for assistance in their cases.

During the 2022-23 Academic Year, Melissa Box J.D. ’23 worked with Mr. and Mrs. K on their asylum cases. Then during the 2023-24 Academic Year, Sarah Nagle, J.D. ’24 worked with Ms. S on her asylum case.

Below, we share the stories behind these lifechanging victories.

Mr. K and Melissa Box, J.D. ‘23

In Fall 2022, Melissa Box, J.D. ’23, was assigned to work on Mr. and Mrs. K’s asylum case.

Melissa was first assigned to write Mr. K’s affidavit for his asylum case. Asylum affidavits require several interviews and meticulous detail about a client’s case. While an asylum applicant’s testimony can, in theory, be enough to prove their case, the written and oral testimony must be consistent and credible. In order to capture the level of detail necessary for his case, as well as accurately prepare an affidavit in his voice, Melissa worked with Clinic Director Professor Stacy Kern-Scheerer to interview Mr. K. Across many interviews over the course of many months, Melissa learned about Mr. K’s career as an attorney, his passion for his work, and the danger he faced because of it.

Through their interviews, Mr. K and Melissa built a deep and lasting rapport. “I was lucky to have the time to make sure I fully understood Mr. K’s life’s story and gain his trust,” Melissa shared before her graduation last year. “I know Mr. K better than some law students I’ve spent years in class with. I know his mannerisms and was able to advocate for him. It really meant a lot when my client told Professor Kern-Scheerer and me that he thought I knew him better than he knew himself.”

After writing Mr. K’s affidavit, Melissa researched conditions in Afghanistan relevant to Mr. K’s case, including the treatment of attorneys and former government employees in Afghanistan. Melissa worked with Clinic Professor Nicole Medved on finding and preparing the country conditions evidence that would best support Mr. K’s asylum claim. This research was critical to contextualizing Mr. K’s fear of returning to Afghanistan.

After the Clinic submitted Mr. K’s asylum case in March 2023, USCIS quickly scheduled Mr. K and his wife for an asylum interview in April 2023, during the last week of classes of the semester. Clinic Director Professor Kern-Scheerer and Melissa prepared Mr. and Mrs. K for what to expect at the interview, and Melissa prepared her closing argument to present to the Asylum Officer for why Mr. and Mrs. K merit a grant of asylum.

Melissa Box, J.D. ’23 (left) and Professor Kern-Scheerer (right) at the Arlington Asylum Office for Mr. and Mrs. K’s Asylum interview (Spring 2023).

During the last week of class, Professor Kern-Scheerer and Melissa accompanied Mr. and Mrs. K to their asylum interview. After a roughly 3-hour hour interview, Melissa delivered her closing argument to the officer. After the interview had finished, there was nothing left to do but wait for a decision on the case.

Ms. S and Sarah Nagle, J.D. ‘24

Ms. S and her family also reached out to the Immigration Clinic for assistance in their asylum case. Ordinarily, children can be included on their parents’ asylum applications so that if the parent wins asylum, the child wins as well. However, Ms. S was too old to be included in her father’s case. Instead, she would have to meet the high burden of asylum all on her own.

This fall, Sarah Nagle, J.D. Class of 2024, was assigned to work on Ms. S’s asylum case. Sarah’s first task was to write Ms. S’s affidavit. Asylum affidavits are a critical piece of evidence because an asylum applicant’s testimony alone can be sufficient to prove their case. Since interviews with Ms. S about her story had already been completed, Sarah worked with Professor Kern-Scheerer to best capture Ms. S’s voice in her affidavit. “Sarah faced a unique challenge in writing Ms. S’s affidavit,” said Professor Kern-Scheerer. “Her assignment was to capture Ms. S’s personality and convey her fears without having heard her tell the story herself. This also underscored the importance of prior students having kept meticulous notes from previous interviews and discussions. Sarah met this challenge with thoughtful persistence, and wrote an excellent affidavit for Ms. S. ”

“Working on an affidavit was unlike any legal writing I had ever done before,” said Sarah. “Focusing on what was important to Ms. S—family, peace, and a willingness to stand by her convictions—helped anchor me in her perspective. Even though every word of the affidavit was based on her own words, I had doubts about my success until I reviewed the affidavit with her and received a smile, firm nod, and assertive ‘yes’ that I had captured what she wanted to convey. Being entrusted with helping tell someone else’s story was a great honor and fantastic learning experience.”

After completing Ms. S’s affidavit, Sarah next turned to researching conditions in Afghanistan relevant to Ms. S’s case. While it is easier to find evidence about the Taliban’s brutality against former government officials or former members of the military, finding evidence of the Taliban’s violence against their family members is not as simple. Sarah worked with Clinic Professor Nicole Medved next on finding and preparing the country conditions evidence that would best support Ms. S’s claims. This evidence played a critical role in contextualizing Ms. S’s fears of returning to Afghanistan.

In November 2023, after finishing all of the forms, affidavit, and evidence gathering, the Clinic submitted Ms. S’s asylum application to USCIS.

To everyone’s surprise, Ms. S was scheduled for an asylum interview just three weeks later. Sarah and Professor Medved worked closely with Ms. S to prepare her for what to expect at the asylum interview. Sarah also prepared her closing argument for Ms. S, demonstrating how Ms. S’s affidavit and country conditions evidence all prove that Ms. S merits a grant of asylum.

Sarah Nagle, J.D. ’24, reviewing Ms. S’s case prior to her Asylum Interview (Fall 2023).

In December, Professor Medved and Sarah Nagle accompanied Ms. S to her asylum interview in Arlington, Virginia. After Ms. S’s two-hour interview, Sarah delivered her closing argument to the officer.

“Actually getting to speak during a legal proceeding, instead of just observing, was incredible,” said Sarah. “It was really empowering to be trusted with such an important moment in someone’s life, and also reassuring to have Professor Medved right there in the interview with me after having helped me prepare and rehearse the statement!”

After Sarah’s closing argument, all that was left to do was wait. Despite requirements from Congress that her case should be decided quickly, the Clinic’s experience showed that Ms. S would likely wait many more months—or even years—before hearing a decision on her case.

Last week, the Clinic received notice that Ms. S’s asylum case was approved. Ms. S’s case marks the fastest decision ever received on any asylum case the Clinic has submitted.

Then, just hours later, the Clinic received notice that Mr. K’s asylum case was also approved, nearly one year after his asylum interview. With Mr. K’s case approved, his wife Mrs. K was also automatically granted asylum.

Now that their asylum cases have been granted, Ms. S, Mr. K, and Mrs. K can all live in the United States without fear of being forced to return to Afghanistan. They will be eligible to receive lawful permanent residency (their “green cards”) in one year, and eligible to apply for citizenship five years after that.

“My experience at the William and Mary Immigration Clinic was so meaningful,” said Melissa. “I know that I actually had a positive impact on my clients’ lives. It makes me smile when I think of Mr. K calling me his ‘Big Little Sister’ (because I’m taller than him but younger than him). I know my time and work was valued by Mr. and Ms. K.”

“Hearing that my client’s asylum case had been approved was the most incredible, and surreal, experience,” said Sarah. “Because students work in the Clinic for at most two semesters and USCIS usually operates on a timeline far longer than that, I’d gotten very used to the idea that I wouldn’t see the results of my work during my time in the Clinic. But because of the unusually quick turnaround for this asylum case, I got to share the news with Ms. S in an email that contained a lot more enthusiasm than is usually warranted in a legal context. It was a wonderful way to close out my time with this client.”

“We could not be happier for Mr. K, Mrs. K, and Ms. S or prouder of the Clinic students who worked tirelessly to prepare their asylum cases,” said Professor Kern-Scheerer. “Sarah’s and Melissa’s work, and the strong relationships that they built with the clients through their time in the Clinic, is emblematic of the incredible work that our Clinic students do here every day. In this busy season as we wrap up the end of this academic year, we’re grateful for the opportunity to pause and celebrate these lifechanging outcomes.”

Victories like these are made possible by the Clinic’s generous supporters. You can make wins like this a reality for more immigrants in Hampton Roads by donating to the Immigration Clinic.

The Clinic cannot guarantee any particular results for any particular individual or particular case. While the Clinic celebrates our victories, we recognize that each case is unique. Every noncitizen should consult with a licensed attorney about their case if they are concerned about their situation or are interested in applying for any form of immigration relief. The Clinic cannot promise any particular outcome or any timeframe to any client or potential client.

*All client names and initials have been changed for confidentiality and security

*********************

Many congrats to all involved in more great, life-saving work from the Clinic. Once again, representation, scholarship, and exceptional preparation win the day and help the system improve efficiency and deliver justice!

My only question is why hasn’t the Government issued “positive precedent” cases dealing with repetitive situations like this?

🇺🇸 Due Process Forever!

PWS

04-20-24

From the William & Mary Law School Immigration Clinic Blog:

“Our Client’s Story Sang Instead of Whispered”: Immigration Clinic Students Represent Client in Asylum Trial

🇺🇸 DUE PROCESS FOREVER!

Related posts:

From the William & Mary Law School Clinic Blog:

🇺🇸 Due Process Forever!

Related posts: