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Immigration Practice Resources

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NIWAP Library Amicus brief Sep 26, 2023

Meredith v. Muriel K&L Gates

Meredith v. Muriel, Supreme Court of the State of Washington, (2009). Submitted two amicus briefs one on behalf of Legal Momentum and a second on behalf of the National Network to End Violence Against Immigrant Women in a case in which an abuser appealed the issuance of a protection order containing a prohibition against the abuser communicating with the Department of Homeland Security regarding his wife. One brief (K & L Gates, Pro Bono) provided social science documentation of the harm to vict

Family-based practice BIA Direct PDF
NIWAP Library Amicus brief Sep 21, 2023

Friendly House Et Al., V. Michael B. Whiting Et Al

Friendly House Et Al., V. Michael B. Whiting Et Al., United States District Court Arizona, (2010) Recruited by the ACLU, MALDEF, The National Immigration Law Center and the Asian Pacific American Legal Center to organize a women’s perspective amicus in support of plaintiff’s motion for a preliminary injunction to stop implementation of key portions of Arizona’s anti-immigrant legislation SB 1070. Legal Momentum also assisted in identifying immigrant victim plaintiff’s for this lawsuit. 83 women’

Evidence and procedure Federal district court Direct PDF
NIWAP Library Amicus brief Sep 21, 2023

Gabriel Perez Cruz v. Barr

Gabriel Perez Cruz v. Barr (2020) U.S. Court of Appeals 9th Circuit. NIWAP assisted the Family Violence Appellate Project in California in developing, securing social science support for and national sign ons from 16 organizations nationally for this 9th Circuit Amicus Brief in which we were represented by Haney and Boone LLP. The brief discussed the mental health impact of domestic violence and coercive control in abusive relationships and perpetrators who coerce their victims into committing c

Evidence and procedure BIA Court of appeals Direct PDF
NIWAP Library Amicus brief Sep 21, 2023

N.Y.C.C. v. Whitaker

Amicus Brief in N.Y.C.C. v. Whitaker, NIWAP filed an Amicus Brief in N.Y.C.C. v. Whitaker in the Seventh Circuit Federal Court of Appeals. This brief explained that coercive control is one of the defining characteristics of domestic violence relationship as a result leaving a shared residence with an abuser does not bring an end to the abuse. Additionally, the brief discusses the particular dangers when the perpetrator engages in stalking his victim. Winston & Strawn LLP (November 26, 2018)

Asylum BIA Court of appeals Direct PDF
NIWAP Library Amicus brief Sep 21, 2023

O.M.G. et al v. Wolf et al.

O.M.G. v. Wolf (2020) U.S. District Court for the District of Columbia. David Thronson, “Declaration filed in U.S. District Court for the District of Columbia in O.M.G. vs Wolf.” NIWAP coordinated a national team of law professors and recruited the law firm of Winston Strum to help draft and develop this declaration that discusses the dangers for children in DHS family detention centers, the risks posed by the COVID-19 pandemic and provides an excellent overview with social science research data

Children and SIJS BIA Federal district court Direct PDF
NIWAP Library Amicus brief Sep 20, 2023

Ada Merary Rivas-Ramos v Merrick Garland

“Ada Merary Rivas-Ramos v Merrick Garland”. NIWAP represented by Manatt, Phelps, and Phillips, LLP filed an amicus brief in the 8th Circuit Court of Appeals in a case of Ada Rivas-Ramos faced abuse at the hands of her former partner with whom she had been in a relationship with since she was 14 years old and shared children. Rivas-Ramos testified as to the sustained abuse she suffered throughout their relationship, including that the abuser hit her in the face with a bottle, threatened her and t

Asylum BIA Court of appeals Direct PDF
NIWAP Library Amicus brief Sep 20, 2023

Nelsa Rosa Hernandez Cabrera; A.J.E.H. v. U.S. US Court of Appeals Fourth Circuit

Nelsa Rosa Hernandez Cabrera; A.J.E.H. v. U.S., NIWAP filed an amicus curiae on behalf of Nelsa Rosa Hernandez Cabrera; A.J.E.H., the petitioner is a domestic violence victim, from Honduras, who suffered physical abuse and enormous amount of control from her husband. The amicus will be filed in the Fourth Circuit Federal Court of Appeals in a case that Hernandez Cabrera is seeking to overturn a decision by the Board of Immigration Appeals that denied her request seeking asylum. Winston & Strawn

Asylum BIA appeals Federal court BIA Court of appeals Direct PDF
NIWAP Library Amicus brief Sep 20, 2023

Pierre Salame Ajami v. Veronica Tescari Solano

“Pierre Salame Ajami v. Veronica Tescari Solano” (6 th Circuit Court of Appeals) NIWAP filed an Amicus Brief in a 6 th Circuit Court of Appeals case in which a Venezuelan mother who had been granted asylum in the United States as a victim of domestic violence was ordered by the District Court in a Hague Convention case to return her children who had also been granted asylum in the U.S. to their father in Venezuela. This appeal highlighted the error of law that the District Court made in failing

Asylum BIA Federal district court Direct PDF
NIWAP Library Amicus brief Sep 20, 2023

Reina Victoria Rodriguez-Ramirez v. William P. Barr

Reina Victoria Rodriguez-Ramirez v. William P. Barr. NIWAP filed an amicus curiae brief in the 5th Circuit Court in Texas. The brief discusses how incest relationships qualify as a domestic relationship and how laws of domestic violence should apply. Baker and McKenzie LLP. (August 16, 2019)

Asylum Court of appeals Direct PDF
NIWAP Library Amicus brief Sep 18, 2023

Guardianship of S.H.R. v. Jesus Rivas

“Guardianship of S.H.R. v. Jesus Rivas” (Supreme Court of California). NIWAP filed an amicus brief in the Supreme Court of California in a case in which the Court of Appeals wrongly denied an SIJS eligible child SIJS predicate findings. The amicus brief developed by Manatt, Phelps and Phillips for NIWAP detailed the legislative and regulatory history of Special Immigrant Juvenile Status and discussed how the approach taken by the Court of Appeals directly contradicts this legislative and regulat

Special immigrant Children and SIJS Immigration court BIA Direct PDF
NIWAP Library Amicus brief Sep 13, 2023

Ramirez-Avila

Ramirez-Avila, Board of Immigration Appeals (2007). Amicus brief discussing the Violence Against Women Act’s lesser extreme hardship standard and the approach to be taken in VAWA cancellation of removal cases with regard to good moral character. (Arnold and Porter, Pro Bono).

Removal defense VAWA / U / T BIA Direct PDF
NIWAP Library Amicus brief Sep 13, 2023

Sanchez v. Gonzalez

Sanchez v. Gonzalez, U.S. Court of Appeals for the 7th Circuit (2006). Amicus brief discussing the Violence Against Women Act’s legislative history and purpose and the special motion to reopen provisions designed for immigrant victims filing VAWA cancellation of removal cases. The trial court and BIA failed to offer Sanchez access to VAWA’s motion to reopen provisions. Additionally, Sanchez’ trial counsel was unfamiliar with VAWA’s special rules and provided Ms. Sanchez with ineffective assistan

Removal defense VAWA / U / T BIA Court of appeals Direct PDF