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Immigration Practice Resources

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NIWAP Library Amicus brief Oct 11, 2023

Geidy Mavely Soto Alvarado And Mauricio Antonio Garcia Soto v. Merrick Garland

Geidy Mavely Soto Alvarado And Mauricio Antonio Garcia Soto v. Merrick Garland (June 13 2023) US District Court of Rhode Island. NIWAP, represented by Crowell and Moring, led an amicus brief that was joined by Harvard Law School professors and clinics, the ACLU, the Rhode Island Coalition Against Domestic Violence, and all of the major women shelters in Rhode Island. This brief argued that USCIS had misinterpreted VAWA 2000 amendments that were designed to allow VAWA self petitioners to divorce,

Removal defense VAWA / U / T USCIS Federal district court Direct PDF
NIWAP Library Amicus brief Oct 11, 2023

Maria Esterlina Perez Vigil v. U.S.

Maria Esterlina Perez Vigil v. U.S. (February 29 2016) 5 th Circuit Court of Appeals. NIWAP, and various Immigration Law Professors from Texas, filed an amicus curiae brief on behalf of Maria Esterlina Perez Vigil a victim of domestic violence, who had denied her request for asylum because she was able to move out the residence that she shared with the abuser. The brief discussed the dynamics of abusive relationships and explained that physical separation from an abuser rarely means that an abus

Asylum BIA Court of appeals Direct PDF
NIWAP Library Amicus brief Oct 6, 2023

Romain v Napolitano

Romain v Napolitano (March 16 2012), U.S. District Court, Eastern District of New York. NIWAP, represented by Morgan, Lewis and Bockius, served as lead amicus in the first VAWA Confidentiality appeal of denial of a criminal court discovery order. This was a case in which a domestic violence perpetrator who was being prosecuted for domestic violence sought discovery under Brady and W.M.V.Crio of the VAWA confidentiality protected VAWA self-petition immigration case filed by his battered immigrant

VAWA / U / T BIA Federal district court Direct PDF
NIWAP Library Amicus brief Oct 2, 2023

Agriprocessors Postville, Iowa

Amicus brief filed for the reversal of the decision by the Court of Appeals from the Eighth Circuit in the case of the Immigration and Customs Enforcement (ICE)’s workplace raid at the Agriprocessors meatpacking plant in Postville, Iowa. ICE demonstrated the practical effects of failing to require knowledge of the defining element of 18 US.C. § 1028A—whether the identification at issue is “of another person.” In Postville, the crime of aggravated identity theft, which carries a two-year mandator

Employment BIA Court of appeals Direct PDF
NIWAP Library Amicus brief Oct 2, 2023

Esteban Cabezas

Esteban Cabezas is an appeal to the United States Citizenship and Immigration Services Administrative Appeals Office (2010) of a denial of a VAWA self-petition by the United States Citizenship and Immigration Services, Vermont Service Center. This case raises important issues about the any credible evidence standard to be applied in VAWA self-petitioning cases and on immigration related abuse and the role this abuse plays as part of a pattern of extreme cruelty. (Andrew Taylor, Pro Bono)

Removal defense VAWA / U / T BIA Direct PDF
NIWAP Library Amicus brief Oct 2, 2023

Francisco Ramirez, Jacqueline Reyes-Mendoza, And Their Minor Child B.R., v Hon. Daylene A. Marsh and David Paulino Padilla-Suazo

Francisco Ramirez, Jacqueline Reyes-Mendoza, And Their Minor Child B.R., v Hon. Daylene A. Marsh and David Paulino Padilla-Suazo Emergency petition for writ of superintending control to the New Mexico Supreme Court in a sexual assault case in which a state court judges ordered U visa applicant victims to turn over in criminal court discovery information contained in the victim’s VAWA confidentiality protected case in violation of federal law. NIWAP is being represented in this appeal by Skadden,

VAWA / U / T Children and SIJS BIA Direct PDF
NIWAP Library Amicus brief Oct 2, 2023

Hawke v. Department of Homeland Security

Hawke v. Department of Homeland Security, the United States District Court for the District of Northern California (September 29, 2008). Filed an amicus brief discussing the history and purpose of VAWA Confidentiality created in 1996 (expanded in 2000 and 2005) as Section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”). In this case of first impression, the Court clarified that VAWA confidentiality provisions protect victims filing for VAWA immigration r

VAWA / U / T Federal district court Direct PDF
NIWAP Library Amicus brief Oct 2, 2023

Kewan

Kewan, U.S. Court of Appeals for the 9th Circuit (2005). Amicus brief discussing research data and the dynamics of domestic violence against male victims and VAWA’s gender neutrality offering protection to both male and female victims. (Northwest Immigrant Rights Project)

Removal defense VAWA / U / T BIA Court of appeals Direct PDF
NIWAP Library Amicus brief Oct 2, 2023

Leiva-Mendoza v. Holder

Leiva-Mendoza v. Holder, United States Court Of Appeals For The 8th Circuit (April 2 2011) discusses how a child’s witnessing of serious domestic violence perpetrated against their parent is a basis for granting VAWA cancellation of removal to children who witness domestic violence perpetrated against their parent even in cases in which the children have not themselves been abused. This amicus brief provided the court with the relevant research data on harm to children of witnessing abuse in the

Removal defense VAWA / U / T BIA Court of appeals Direct PDF
NIWAP Library Amicus brief Oct 2, 2023

Ruiz v. Carrasco ,

Amicus brief in the case of Antonio Ruiz v. Wendy R. Carrasco, case nos. 98-FM-39 98-FM-40 on issues of civil protection orders. Ruiz v. Carrasco, DC Court of Appeals (1997) Filed an Amicus Brief was in support of a court issuing a protection order prohibiting an abusive husband from reporting his wife to government officials including (INS). (Piper Marbury Rudnick & Wolfe, Pro Bono)

Family-based practice BIA Court of appeals Direct PDF
NIWAP Library Amicus brief Oct 2, 2023

S.K.E.R. v. William P. Barr

S.K.E.R. v. William P. Barr. NIWAP filed an amicus curiae brief on behalf of a Honduran woman who was a victim of domestic violence. The brief discusses the complexity of domestic violence and how the victim was unable to physically remove herself from her abuser due to fear of his retaliation. This amicus was filed in the 5th Circuit Federal Court of Appeals. Winston and Strawn LLP (April 8, 2019).

Asylum BIA Court of appeals Direct PDF
NIWAP Library Amicus brief Oct 2, 2023

United States v. State of Arizona and Janice K. Brewer Governor

United States v. State of Arizona and Janice K. Brewer Governor, United States Court of Appeals for the 9trh Circuit. (2010) Submitted an amicus brief in the 9th Circuit case in support of the United States position that Arizona law SB 1070 unconstitutionally interferes with federal immigration laws designed to help immigrant victims of domestic violence, sexual assault, human trafficking and other crimes. It undermines federal laws guaranteeing that all persons in the United States have access

Evidence and procedure BIA Court of appeals Direct PDF