Mr. B has played an active leadership role for the Teachers’ Association, a significant advocacy group in the Democratic Republic of Congo (DRC).  In January 2008, the group initiated talks with the DRC government over issues such as better pay and living conditions for teachers.  According to Mr. B, the government was not responsive to the group’s concerns and several months later the Teachers’ Association’s escalated its advocacy efforts by organizing a protest march.  The march was held in August 2008 and provoked a violent response from the government.  As the government sought to disperse the crowds by force, several officials focused on Mr. B and tried to arrest him.  One of the officials struck Mr. B in the mouth with a gun and knocked out one of his teeth.  Notwithstanding the force used, Mr. B was able to escape arrest that day.

Mr. B remained for months until he was able to escape the country.  His friends told him that the soldiers were looking for him and even distributing pictures of him.  The soldiers went so far as to torture and kill two of his sisters in the efforts to find him.

With the help of a friend, Mr. B was able to obtain a Canadian passport.  He then flew to South Africa, where he stayed for six months.  He was detained at Dulles in transit to Canada to join his friend.

The USCIS Asylum office has already conducted an interview of Mr. B and has found him to be credible.  The office has issued a determination that Mr. B has a credible fear of being persecuted if returned to the DRC.

This pro bono opportunity entails assisting Mr. B in applying for asylum, withholding of removal and/or protection under the Convention Against Torture (CAT) before the Immigration Court in Arlington, Virginia.  Mr. B is currently detained in  Hampton Roads Regional Jail, which is located in Portsmouth, Virginia, and is approximately 3.5 hours away by car.   CAIR Coalition is available to assist in visiting the client at the jail and to arrange televideo conferences between our DC office and the facility.  Mr. B speaks Lingala and is proficient in French.

Contact: Liz McGrail, liz.mcgrail@caircoalition.org; 202-331-3320, ex. 20

Ms. MR, who last entered the United States in 2006, is a Guatemalan national.  She will be persecuted and tortured in Guatemala because of her sexual orientation and gender identity.  Born physiologically a male, Ms. MR is homosexual and identifies herself as a woman.  Ms. MR has been raped and psychologically abused by her much older cousin and physically abused and beaten by her older brother.  Although she alerted Guatemalan authorities that she was being raped on a regular basis, the police refused to believe her because she was a young child. She avoided going out in public in Guatemala for fear of being abducted, castrated, and killed because of her sexual orientation.  She fled Guatemala to escape her brother, cousin, and the persecution of homosexuals.  Realizing that the United States is more tolerant than Guatemala, Ms. MR began to realize herself as a woman in this country.

The USCIS Asylum office has already conducted an interview of Ms. MR and has found her to be credible.  The office has issued a determination that Ms. MR has a reasonable fear of being persecuted and tortured if returned to Guatemala.

Ms. MR has a conviction in Virginia related to prostitution.  This offense is not particularly serious and would not preclude her from applying for Asylum, Withholding of Removal and/or protection under the Convention Against Torture. (However, depending on the facts in her case, she may not be eligible for asylum because of the requirement that individuals apply within one year of arriving in the United States barring a chance in circumstances.)

Ms. MR is not detained and is under an order of supervision granted by Immigration and Customs Enforcement.  She is currently residing in Herndon, VA.

Ms. MR speaks Spanish.  Although she has a Master Calendar hearing scheduled at Immigration Court in New York, NY for August 18th, CAIR Coalition has filed a Motion to Change Venue to Arlington, VA as venue was erroneously changed by the court to New York, NY.  Merits hearings on the non-detained docket in Arlington are currently being scheduled approximately one year in advance.  Therefore, we estimate that this case will go to trial in the summer of 2011.

Please contact:

Bernardo Rodriguez

Staff Attorney

(202) 331-3320, ext. 16

bernardo.rodriguez@caircoalition.org

Mr. MG, a Peruvian national, fears he will be tortured and killed by Peruvian government officials because of his attempt to expose fraud at a television  show.

Mr. MG’s plight began when he agreed to participate in a segment of the  television show.   Specifically, he had agreed to appear on the show and pretend to be interested in his brother’s girlfriend.  In exchange for this pretense, the show had promised to provide him with several gifts including a sandwich cart, scholarship money and medical care for his mother.  After his appearance on the show, however, the staff of the show failed to deliver the promised gifts.  Mr. MG and several other former participants who had been similarly duped, threatened to expose the television show as a fraud.   In response, individuals connected with the show sent police to intimidate Mr. MG.  Police shot Mr. MG and killed one of his friends.  In a later incident, police stabbed Mr. MG.

The USCIS Asylum office has already conducted an interview of Mr. MG and has found him to be credible.  The office has issued a determination that Mr. MG has a reasonable fear of being tortured if returned to Peru.

Mr. MG has two petty theft convictions and a fourth degree burglary conviction in Maryland, as well as a trespass conviction.  None of these offenses are particularly serious and none would preclude him from applying for protection under CAT.

Mr. MG is currently in Immigration custody at Rappahannock Regional Jail in Stafford, VA – approximately one hour drive from Washington, DC.  He is not eligible for bond because of his convictions and therefore, will remain in detention throughout his immigration court proceedings.

Mr. MG speaks Spanish and English.  Although he has a Master Calendar hearing scheduled at the Arlington, VA Immigration Court for July 1^st, CAIR Coalition can seek a continuance to provide the pro bono attorney with more time to meet with the client and prepare for pleadings.  Merits hearings are currently being scheduled in Arlington for November/December.  Therefore, we estimate that this case will go to trial by early January 2011.

Please contact:

Bernardo Rodriguez

Staff Attorney

(202) 331-3320, ext. 16

bernardo.rodriguez@caircoalition.org

Mr. MA faces potential removal from the United States because of his criminal convictions: three convictions for DUI and three counts of credit card fraud. Mr. MA is eligible to apply for Cancellation of Removal for Certain Permanent Residents.  Mr. MA is eligible for this form of relief if (1) he has been continuously resident in any status for seven years prior to the person’s first offense that renders him inadmissible or deportable; (2) he has been a permanent resident for at least five years; (3) he has not been convicted of an aggravated felony; and (4) he merits a favorable exercise of discretion.

Mr. MA has a strong case that the positive factors in his life outweigh the negative impact of his criminal convictions.  In addition to his immediate family, Mr. MA’s ties to the United States include several brothers who are permanent residents.  He has attended an alcohol program after his DUI convictions, which he successfully completed.  He has lived in the United States for sixteen years and has held a steady job in siding.

This opportunity may also require that the pro bono attorney litigate whether Mr. MA’s convictions for DUI “stop his time” for the purpose of the seven year residence requirement.  CAIR Coalition attorneys are available to mentor the pro bono attorney on this and any other issue.

This pro bono opportunity will require representing Mr. MA before Immigration Judge Bryant at the Arlington Immigration Court.  He has already submitted his application for relief, and his case has been set down for a hearing on the merits on November 3, 2010.  Hampton Roads Regional Jail is approximately 3.5 hours from Washington, DC by car.  CAIR Coalition now has a Video-Teleconferencing System which allows attorneys to communicate with detained clients via televideo from our office in DC.  CAIR Coalition is also available to assist in visiting the client at the jail.  Mr. MA speaks Spanish and is proficient in English.

Contact Liz McGrail, 202-331-3320, ex. 20 or liz.mcgrail@caircoalition.org

He has lived in the US for almost 25 years and has a US citizen child for whom he has regularly made child support payments. Prior to detention he attended the Seven Day Adventist Church where his pastor and church members would be willing to provide affidavits in his support.  He indicated that family and community members would also write affidavits in support of his good character.

Mr. EM faces potential removal from the United States because of three criminal convictions: one charge of assault and battery on a family member with a sentence of 6 months, one charge of peeping into an occupied dwelling with a sentence of 12 months and one charge of mail theft for which he received less than one year time served.

First, CAIR Coalition believes that Mr. EM may be eligible to terminate his removal proceedings.  This would require arguing that Mr. EM’s convictions for (1) assault and battery and (2) peeping into an occupied dwelling are not crimes involving moral turpitude.  The Board of Immigration Appeals has specifically ruled that the conduct prohibited by the Virginia statute for assault and battery on a family member is not categorically a crime involving moral turpitude.  Therefore DHS must prove by clear and convincing evidence that the incident involved “intentional infliction of serious bodily injury on another.” The conduct prohibited by the Virginia statute for peeping into an occupied dwelling has no sexual component but is often miscategorized as a crime involving moral turpitude.  Should it be found that both convictions are not crimes involving moral turpitude, Mr. EM would not be removable.

Alternatively, Mr. EM appears eligible for relief from removal through Cancellation of Removal.  To be eligible for Cancellation of Removal, Mr. EM must show that he has been a lawful permanent resident for 5 years, he has had 7 years of continuous physical presence in the US and he has not been convicted of an aggravated felony.  Mr. EM appears to meet these requirements.

To be successful in obtaining Cancellation relief, Mr. EM must demonstrate that his equities outweigh the adverse factors of his criminal history.

This pro bono opportunity will require representing Mr. EM before Immigration Judge Bryant at the Arlington Immigration Court.  Hampton Roads Regional Jail is approximately 3.5 hours from Washington, DC by car.  CAIR Coalition now has a Video-Teleconferencing System which allows attorneys to communicate with detained clients via televideo from our office in DC.  CAIR Coalition is also available to assist in visiting the client at the jail and to ask for a continuance, if necessary. In addition, CAIR Coalition’s attorneys provide expert mentoring throughout the case. Mr. EM speaks English, Spanish and Portuguese.

Contact Liz McGrail, 202-331-3320, ex. 20 or liz.mcgrail@caircoalition.org

Mr. ZP was first placed in immigration custody in January 2008.  For over a year, Mr. ZP was unable to proceed with his immigration case because of a language barrier and lack of access to legal counsel.  A former resident of Fujian province in southeast China, Mr. ZP speaks Fuzhou as his first language.  When Mr. ZP first appeared in immigration court, the court’s Mandarin speaking interpreters were unable to communicate with him.  This led the court to conclude that he could not speak Mandarin and only spoke Fuzhou.  CAIR Coalition’s efforts to place the case with a pro bono attorney were hampered by the lack of available Fuzhou interpreters who could assist legal counsel in communicating with Mr. ZP.   Finally, not wanting Mr. ZP’s case to be on hold any longer, the CAIR Coalition decided to try again with a Mandarin speaking interpreter.  CAIR Coalition was fortunate to have a Mandarin speaking law clerk who accompanied CAIR Coalition staff to Hampton Roads Regional Jail where she spoke with Mr. ZP.  Perhaps because she was a bit more patient than the court interpreter’s had been, she was able to understand Mr. ZP and could translate for CAIR Coalition staff.  At that point, Mr. ZP’s case was back on track and he could proceed to apply for relief from removal.

Because Mr. ZP’s case had already been pending for so long, CAIR Coalition decided to take the case in-house rather than to continue trying to place it with a pro bono attorney.  Bernardo Rodriguez, a CAIR Coalition staff attorney, represented Mr. ZP.  Mr. Rodriguez faced numerous challenges in securing relief for Mr. ZP, who was eligible to adjust his status to legal permanent residence with the aid of a refugee waiver.  These included finding a civil surgeon, a doctor with a special certification from the United States government, who was willing to travel to Hampton Roads Regional Jail to perform the medical examination required for legal permanent residence, as well as assisting Mr. ZP to secure the funds needed to pay for the examination and recruiting Mr. ZP’s family to actively assist with his case.  Mr. Rodriguez also faced several rescheduled hearings that further prolonged Mr. ZP’s time in detention. Finally, on January 25, 2010, after spending over two years in immigration detention, the court granted Mr. ZP legal permanent residence.  He is now a free man and has joined his family in New York City to begin rebuilding his life.

Without the intervention of concerned individuals and legal counsel, Mr. ZP most likely would have continued to languish in detention and would have eventually been ordered deported to China, where his life would have been in danger. For Bernardo, representing Mr. ZP was an eye-opening experience and a case that represented some of the lesser known ways in which the immigration system can fail even those who have a strong and legally straightforward defense to deportation.

publik15 via Flickr

Recently, the United States signed the United Nations Convention on the Rights of Persons with Disabilities and celebrated the 19^th Anniversary of the Americans with Disabilities Act. These two actions mark our nation’s commitment to provide reasonable accommodations to and ensure basic fairness for all people with disabilities. Unfortunately, this commitment falters in our nation’s immigration courts, where people with mental disabilities are not afforded such accommodations and fairness.

CAIR Coalition is one of 77 signatories to a letter calling on the Attorney General to honor this commitment to reasonable accommodations and basic fairness for people with mental disabilities in our nation’s immigration courts.  The letter, which was signed by a diverse group of community organizations and individuals committed to protecting the rights of people with mental disabilities, prioritizes four recommendations that would represent significant progress toward this goal and would save the United States Government significant resources by increasing efficiency in the immigration court.  These include:

1. Appointing counsel to indigent people with mental disabilities who do not have legal representation.
2. Appointing guardians ad litem to people who are found mentally incompetent.
3. Enacting regulations that standardize procedures for adjudicating competency in immigration court and that give immigration judges the authority to provide reasonable accommodations to protect the rights of people with mental disabilities, including the power to administratively close cases or terminate proceedings where appropriate.
4. Providing training to immigration judges on recognizing mental disabilities and on taking appropriate actions to protect the due process rights of people with mental disabilities.

These recommendations are well-established in civil and criminal courts throughout this country and have ensured basic fairness and cost savings in those settings.

A recent New York Times article highlights the plight of  Xiu Ping Jiang, a young woman from China, who despite having no criminal record and a history of attempted suicide, was locked away for a year and a half in an immigration jail in Florida leading to a drastic deterioration in her mental health.  Twice ordered deported by two different judges while showing clear signs of mental illness, her deportation case was re-opened by the second judge only after the New York Times initially wrote about the case in May of this year.   In addition to violating Ms. Jiang’s basic due process rights, her incarceration by the Department of Homeland Security cost the United States government hundreds of thousands of dollars.

Unfortunately, Ms. Jiang’s case is typical of the way individuals suffering from mental illness are afforded virtually no protections in the current immigration system.  Denied appropriate mental health treatment and access to legal counsel, many can languish for months in immigration detention further exacerbating their mental health problems.

According to Liz McGrail, CAIR Coalition’s Legal Director, “We are seeing a big uptick in the number of detainees with mental illness who are stuck there because the immigration courts don’t seem to know that to do with them.”

Now, CAIR Coalition and the other signatories of the letter to the attorney general have provided the government with a detailed set of recommendations to insure that immigrants suffering from mental illness are treated in a manner that comports with fundamental fairness and basic human decency.  CAIR Coalition calls upon the attorney general to give serious consideration to these recommendations and to begin implementing the policies and procedures necessary to insure that the rights of individuals with mental disabilities are safeguarded in our nation’s immigration court system, just as they are in our criminal and civil court systems.

Click here to read a copy of the letter to the Attorney General.

Mr. AR admitted that his drug use was a mistake and he deeply regretted his lack of good judgment.  However, with Ms. Manzano-Guillen’s help he was able to demonstrate to the immigration court that his positive contributions to his family and community outweighed his mistakes.  A number of his family members and friends came to court to testify on his behalf or provided affidavits in support of his application for cancellation of removal.  Mr. AR and his family very much appreciate all the time and energy Ms. Manzano-Guillen devoted to his case.  According to Ms. Manzano-Guillen, “the opportunity to take this case has been an excellent way to give back to the community and make a difference protecting the legal rights of a fellow immigrant while gaining invaluable professional experience. I am very grateful to CAIR Coalition for the excellent mentoring and invaluable coaching that they provided me. It was highly rewarding to work with such committed professionals, and I look forward to continue working with them.”

Tickets for this event cost $20 and can be purchased at the door.  Additional donations are also appreciated. You may RSVP on our Facebook page, or by emailing Davina Abujudeh at dabujudeh@caircoalition.org. If you cannot make it to the event but would still like to support CAIR Coalition’s work, please make an online donation at www.caircoalition.org/donate or mail a check to: CAIR Coalition, 1612 K Street NW, Suite 204, Washington, DC 20006.

photo by scart via Flikr

As a teenager, ME fled the civil war in El Salvador.  Having witnessed the massacre of many of his family members, he entered the United States in 1986 seeking a safe haven and an opportunity to live and work without living in constant fear for his life.   Twenty-two years later, he sat in an immigration detention cell in New Mexico, facing imminent deportation to the country he had fled so long ago.   Several weeks earlier he had been detained in the District of Columbia by agents from Immigration and Customs Enforcement (ICE).  Once in ICE custody, ME was coerced into signing a stipulated order of removal and waiver of hearing.  ME was told by the ICE agent that he was not eligible for any type of immigration relief and that if he refused to sign the stipulated order he would spend a long time in jail.

In fact, ME had both an asylum application and an application for relief under the Nicaraguan Adjustment and Central American Relief Act (NACARA) pending at the time of his arrest.  He also had a current work permit pursuant to the pending asylum application.  However, ME felt he had no choice but to sign the order.  He was not permitted to speak with an attorney before he signed and did not understand his rights.  By the time his frantic family was able to find an attorney for him, he had already been shipped from a jail in Virginia to an ICE detention facility in New Mexico in preparation for his return to El Salvador.  The attorney filed a successful motion to reopen based on the coerced stipulated order and the fact that ME was eligible for relief.   ME was soon returned to an ICE detention facility in Virginia.

Unfortunately, at that point, his family could no longer afford to pay a private attorney to handle ME’s court case.  That’s when they turned to CAIR Coalition for help.   CAIR Coalition placed the case with Michael Schon and Megan Berge of Baker Botts L.L.P.  Mr. Schon and Ms. Berge worked diligently with ME’s family and friends to gather the evidence he needed to show the immigration court that despite ME’s several minor run-ins with the law, he was still a person of good moral character deserving of legal permanent residence under NACARA.  At trial, five witnesses testified that ME was a kind, generous, hardworking person who had supported family members in their time of need and was an active volunteer at this church.  In his testimony, ME acknowledged that he had an alcohol problem that had lead to his criminal problems.  He testified that he was currently in a recovery program and additional evidence was presented confirming that he was doing well in the program.

The immigration court was impressed with all of the evidence that Schon and Berge had gathered on ME’s behalf.   The court found ME to be a person of good moral character, noting that he had helped to feed the homeless at his church, had held steady employment since arriving in the United States and had paid his taxes.  The court also found that ME met the other eligibility requirements for NACARA and accordingly, on April 20, 2009 he was granted legal permanent residence.  After the period of time had passed for the government to appeal the case, he was finally released from jail.  In May, he went home to his family.  Thanks to the hardwork and dedication of Mr. Schon, Ms. Berge and the support of Baker Botts L.L.P., ME can now look forward to a secure future free from the fear of permanent separation from his loved ones, continuing to provide for his family and contributing to the community.