Ms. NA, a citizen of Afghanistan, is currently detained at Hampton Roads Regional Jail in Portsmouth, VA. Born in a refugee camp in Pakistan, Ms. NA came to the United States in 1984 as an infant when her family entered as refugees fleeing the war in Afghanistan. She has been a Lawful Permanent Resident for 26 years. Now in removal proceedings, Ms. NA seeks Withholding of Removal and/or protection under the Convention Against Torture.

In 2003, Ms. NA was convicted of Credit Card Theft and Credit Card Fraud and received two two-year sentences that ran concurrently. In 2008, Ms. NA was convicted of Credit Card Theft and Public Records Forgery. For these two offenses she again received two year sentences that ran concurrently.  Ms. NA’s criminal convictions bar her from applying for Asylum, however, she appears eligible for Withholding of Removal because a strong argument can be made that her crimes do not constitute “particularly serious crimes.”

Ms. NA has a reasonable fear that if she returns to Afghanistan she will be persecuted on account of her religion and membership in a particular social group (women who do not adhere to strict Islamic laws of behavior).   Ms. NA identifies herself as Christian. Afghanistan is a Muslim country where freedom of religion is not respected and Christians are forced to remain underground. Additionally, women in Afghanistan who do not adhere to strict Islamic laws of behavior are frequently the victims of human rights abuse. Ms. NA has never been to Afghanistan, does not speak the language, has tattoos, and has never worn a traditional Islamic head covering.  As a clearly Western woman, Ms. NA could be targeted and victimized for not conforming to the strict social codes imposed on women.

This pro bono opportunity will require assisting Ms. NA in applying for withholding of removal and protection under the Convention Against Torture. Ms. NA has a hearing scheduled for March 11, 2010 at 3:30 p.m. before Immigration Judge Bryant at the Arlington Immigration Court.  Hampton Roads Regional Jail is approximately 3.5 hours away by car.  CAIR Coalition is available to assist in visiting the client at the jail. Ms. NA speaks English.

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

Although Mr. MD overstayed his visa, he is eligible to adjust his status through a qualifying family member because he entered the United States lawfully.  He attempted to adjust his status through his United States citizen wife in the past, but was unable to complete the process.  Because of his two embezzlement convictions, he is inadmissible to the United States.

Section 212(h) of the Immigration and Nationalities Act, however, provides a waiver for certain criminal grounds of inadmissibility for individuals otherwise eligible to adjust their status.  To do so, the respondent must demonstrate that his/her deportation would result in extreme hardship to a United States citizen or Lawful Permanent Resident spouse, parent, or child.

In addition to Mr. MD’s United States citizen wife, he also has one United States citizen daughter.  This pro bono opportunity will require assisting Mr. MD in adjusting his status in immigration court by arguing that Mr. MD’s deportation would result in extreme hardship to his United States citizen family members.  Mr. MD and his wife have reported that their daughter, age seven, is struggling in school—particularly in understanding, communicating, and focusing, since she is often thinking about her father.

The daughter will not talk with anyone about this, and has lost the continuity of her routine, as Mr. MD always used to be the parent who got her ready for school in the morning.  She is greatly affected by Mr. MD being out of her life, and cries each time she speaks with her father by phone, which is almost every day.  To pull her out of her environment and relocate in Senegal, in the circumstance that Mr. MD is removed, would cause her heightened stressed and trauma, since she is fully integrated into United States culture.

Hampton Roads Regional Jail 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.  Mr. MD speaks English.  His next hearing is scheduled for March 4, 2010 at 9:30am before Judge Crosland.  CAIR Coalition can assist with getting a continuance if necessary.  In addition, CAIR Coalition can assist in visiting the client at jail.  Mr. MD speaks English.

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

Mr. MA faces removal on the basis of his criminal convictions.  He has convictions for Cocaine Distribution and Obtaining Money under false pretenses.  CAIR Coalition believes that he is eligible for relief under the Convention Against Torture (CAT).

Mr. MA was born in Ethiopia on the border of Somalia.  His family moved to Somalia then returned to Ethiopia during the Somali Civil War.  Mr. MA’s father was publicly hanged by the Ethiopian government due to his involvement in the Ogaden National Liberation Front (ONLF).  Two days after his father was killed, his family’s house was burned down.

Although it was outlawed in 1994, the ONLF continues to operate in Ethiopia. There have been reports of unlawful killings, torture, beatings and abuse of opposition supporters by security forces in Ethiopia as well as reports of government militias beating and detaining opposition party supporters without charge.

This pro bono opportunity will require assisting Mr. MA in applying for protection under the Convention Against Torture (CAT).  Hampton Roads Regional Jail 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.  Mr. MA speaks English.  His next master calendar hearing is scheduled for March 16, 2010 at 9:30AM before Judge Iskra at Arlington Immigration Court.

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

In 2005, Mr. AF was convicted of theft under C.R.7.104 of the Maryland Code and received an 18 month suspended sentence.  Mr. AF is currently attempting to vacate this conviction through post conviction proceedings but there is no indication whether he will be successful in this effort.  Mr. AF’s conviction bars him from applying for Asylum, but he remains eligible for Withholding of Removal because a strong argument can be made that his crime was not “particularly serious” under the INA.

Mr. AF has a reasonable fear that if he returns to Egypt, he will be persecuted on account of his political opinions.  While living in Egypt, Mr. AF worked as a financial advisor to USAID, which he claims made him unpopular with the Egyptian government.  He also would make statements in public that were interpreted to be critical or anti-government.  As a result, he was arrested several times by Egyptian police.  He claims they beat him while he was in their custody.  Mr. AF is afraid because the same government is in power today that persecuted him in the 1980s.

Country conditions research indicates that Egypt has been under emergency rule for nearly thirty years.  Freedom of expression and political opinion have both been repressed under the emergency rule.  Furthermore, the Egyptian police routinely engage in torture of suspects in custody, which has been reflected in the latest State Department Human Rights Report on Egypt.

This pro bono opportunity will require assisting Ms. AF in applying for Withholding of Removal and protection under the Convention Against Torture. Ms. AF is currently in removal proceedings at Baltimore Immigration Court in Baltimore, MD but does not yet have a scheduled hearing.  Frederick County Adult Detention Center is approximately 1.5 hours away by car.  CAIR Coalition is available to assist in visiting the client at the jail. Ms. AF speaks English.

Contact:
Liz McGrail, 202-331, 3320, ex. 20, 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.

enricod's photostream via flickr

In response to the legal needs of unaccompanied immigrant children being detained in Virginia, CAIR Coalition has started the Detained Children’s Project in partnership with the Immigration Law Clinic at the University of Virginia School of Law.  The project will provide legal services to unaccompanied immigrant children being held at the Shenandoah Valley Juvenile Center in Staunton, Virginia, including “Know Your Rights” presentations, individual intakes, and pro bono placements.  CAIR Coalition will also accompany the children to their initial immigration court hearings.  CAIR Coalition staff will visit the facility twice a month and will be joined by trained law students from the University of Virginia who will assist with intake.

Each year, thousands of children enter the United States without a parent or adult guardian.   Some are coming to the United States to be reunited with family members, but many others are fleeing gang violence, domestic abuse and other dangerous situations at home.  Some are the victims of human trafficking.   In addition to the hardships they have suffered at home, many children making their way to the United States on their own become victimized a second time during the extremely dangerous journey to the United States.

Any child under the age of 18 detained by Immigration and Customs Enforcement is placed in the custody of the Office of Refugee Resettlement (part of the Department of Health and Human Services) which can house them in a variety of settings while their immigration court proceedings are pending, including secure juvenile facilities, group homes and foster care placements.   However, while the government will provide unaccompanied immigrant children with shelter, it will not provide them with attorneys.  As a result, almost half of all children who appear before an immigration judge do not have legal representation.  Although many of these children may be eligible for some type of relief that would permit them to remain in the United States, it is virtually impossible for an adult, much less a vulnerable child, to successfully navigate the immigration process without the assistance of an attorney.

Initial funding for the Detained Children’s Project is being provided by the Vera Institute of Justice, which supports a network of over a dozen non-profit organizations that provide legal assistance to detained immigrant children in Chicago, New York City, Washington, DC, Miami, Phoenix, Los Angeles, San Francisco, Virginia, Portland Oregon and four sites in Texas.

CAIR Coalition is excited about this new opportunity to insure that unaccompanied immigrant children being held at the Shenandoah Valley Juvenile Center have access to the legal assistance they need to protect their rights.

Mr. AM faces potential removal from the United States because of three minor criminal convictions: two charges relating to attempting to use a stolen check and a subsequent charge for falsely identifying himself to police.  Normally, these convictions would make Mr. AM ineligible for permanent residence; however, because Mr. AM is a refugee, he may apply for a waiver based on humanitarian considerations, family unity, or because his admission as a permanent resident is otherwise in the public interest.

Mr. AM has strong ties to the Untied States.  He has a two year-old daughter, and he maintains a close relationship with both his daughter and his daughter’s mother.  Both of Mr. AM’s 70 year-old parents live in the United States, as do both of his brothers.  Mr. AM has supported himself and his family by working as a building maintenance technician.  He has stated that his former employer would likely vouch for his reliability.  He wants to study engineering at the Northern Virginia Community College.  In order to be granted relief, Mr. AM must show that these positive factors outweigh his past mistakes as a matter of discretion.

This pro bono opportunity will require assisting Mr. AM in applying for adjustment of status and a “refugee waiver” under section 209(c) of the Immigration and Nationality Act.  In the alternative, Mr. AM is eligible to re-assert his fear-based claim and apply for asylum, withholding of removal, or protection under the Convention Against Torture. Hampton Roads Regional Jail 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. Mr. AM speaks English.  Mr. AM’s next master calendar hearing is January 21, 2010.  However, CAIR Coalition will be seeking a continuance on his behalf.

Contact: Elizabeth McGrail, Legal Director, liz.mcgrail@caircoalition.org, 202-331-3320, ex. 20

Mr. FZ belongs to the Druze religion, a small sect of the Muslim faith.  He is from West Beirut, the area in Lebanon that is most controlled by Syrians and their proxies.  Although, militarily, Syria pulled out of Lebanon in 2005, Syria continues to control the country today.  Across Lebanon, clashes frequently break out between the Druze and Hezbollah, as violence, hostility, and persecution remain.  The government of Lebanon is unable to protect its citizens from Syrian forces or successfully disarm or disband the militia groups, such as Hezbollah.  In addition, Lebanese law does not particularly prohibit torture.

Mr. FZ fled Lebanon after being arrested and later released by the Syrian army.  The first arrest occurred on April 13, 1987 and he was held underground by the Syrian army until his release on March 13, 1991.  They captured him, blindfolded and undressed him, and whipped him.  Following the beating, the group led him down into a cell with wild dogs.  Mr. FZ’s family received numerous threat calls, telling them that if he did not leave the country, the group would kill him.  The Syrian groups assumed that, since he is Druze, he is also a part of the Lebanese Social Party.  The reason the group kidnapped him, though, was due to his involvement in a student group which worked to educate people about the harms caused by the Syrians in Lebanon.  Mr. FZ has three brothers, an ex-wife, and two children in the United States, who are concerned about him and want to assist in his situation.

Since 1991, Mr. FZ has briefly returned to Lebanon three times but did not stay with his parents on those visits because he feared for his safety.  Mr. FZ is likely removable because of his conviction for assault in Washington, DC, for which he was sentenced to 24 months imprisonment, most of which was suspended.  If the judge finds that this is a “crime of violence,” Mr. FZ would only be eligible for withholding of removal. Because of his past persecution, CAIR Coalition believes that Mr. FZ has a strong case for withholding of removal.

This pro bono opportunity will require assisting Mr. FZ in applying for withholding of removal and/or protection under the Convention Against Torture (CAT).  Hampton Roads Regional Jail 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.  Mr. FZ speaks English, Arabic, and French, and has numerous family members that are willing to assist in his case.  Mr. FZ has his next master calendar hearing on January 21, 2010 before Judge Bryant.

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

I.P. was initially detained by Immigration and Customs Enforcement (ICE) in July 2007 and held in a local Virginia jail.  Despite exhibiting signs of mental illness such as cutting himself and refusing to eat, I.P. was not given a formal mental health assessment.  Instead, was left to languish in solitary confinement for over a year while his mental health continued to worsen.

By the time ICE finally issued a Notice to Appear and placed him in immigration court proceedings, I.P.’s mental condition had deteriorated to the point of incompetency, vastly complicating efforts to ensure that his due process rights were protected during any court proceedings.

In November 2008, CAIR Coalition placed the case with Ms. Morgan and Mr. Saballos, students enrolled in the International Human Rights Law Clinic at American University’s Washington College of Law, working under the supervision of Practitioner in Residence, Meetali Jain.  Ms. Morgan and Mr. Saballos tried numerous strategies to try to help their client, starting with a request that he be transferred to a facility that could provide him with the mental health care that he needed.  They also petitioned the court for a competency hearing for their client and asked that a guardian ad litem be appointed. (In certain civil matters, a guardian ad litem may be appointed to assist counsel in determining the wishes of a mentally incompetent client.)

However, unlike judges presiding over criminal matters or other types of civil proceedings, immigration judges have no formal procedures for determining when an individual appearing before them is not competent, nor do they have any set procedures for safeguarding the due process rights of persons suffering from mental illness.  Each immigration court is different when it comes to dealing with individuals who are mentally ill, and this lack of uniform standards undermines the ability of counsel to competently represent their immigration clients.

Eventually, ICE agreed to transfer I.P to Columbia Care in South Carolina, a private mental health facility which contracts with ICE to provide mental health care to those detainees who are the most severely ill.  Once he started to receive appropriate treatment, I.P. improved significantly, and after a number of months he regained his competency.   In consultation with his attorneys and his family, I.P. decided that he wanted to return to Honduras where he had family members who were willing to help care for him.  In an unusual step, ICE not only agreed to voluntary departure (a better option for the client than a final order of deportation), they also paid for the cost of his transportation to Honduras.  In addition, the Department of Immigration Health Services communicated with officials in Honduras about I.P.’s need for medical care and provided him with a month’s supply of medication.  In September 2009, I.P. finally returned home to Honduras, ending a two year saga in immigration custody that had, for a time, cost him his sanity.

According to Ms. Morgan, “working on I.P.’s case opened my eyes to an entire immigrant population who become invisible in immigrant detention because of their mental illnesses. Because of the inaction of ICE and the jail, we had to work twice as hard to get I.P. the mental health treatment to which he was entitled. CAIR Coalition and our professor, Meetali Jain, were instrumental in our efforts. CAIR Coalition introduced us to other attorneys and advocates working on the issue of access to mental health treatment in immigration detention. I learned that being persistent with ICE and using other immigrant rights’ advocates as resources and allies are the most valuable things needed to be an immigration attorney. My experience representing I.P. and working with CAIR was invaluable. I believe that I am a better attorney because of it.”

Mr. Saballos was similarly impacted, both personally and professionally, by his work on I.P.’s case.  According to Mr. Saballos, “representing my client before the Immigration Court was, for me, the most rewarding experience I had in law school.  With the support of WCL’s International Human Rights Law Clinic and the CAIR Coalition, I was able to become intimately familiar with the challenges out-of-status immigrants face in the labyrinth that is our immigration system.  In addition to gaining first-hand knowledge in an area I hope one day to make my career, I also learned to practice the patience and empathy all client-service cases require.  As I.P. was mentally ill, severely so at the beginning of this matter, this case presented particular challenges that are unfortunately not uncommon.  Luckily, we were able to get him the treatment he so badly required.  I am grateful for this experience and I am confident that I am a more able and effective attorney because of my participation in this case.”

CAIR Coalition is very grateful to Ms. Morgan and Mr. Saballos for their willingness to take on such a challenging case and to American University and the International Human Rights Law Clinic for making this partnership possible.  Representing an immigrant detainee like I.P. who is suffering from severe mental illness requires an incredible amount of perseverance and creative lawyering on the part of counsel.  Ms. Morgan and Mr. Saballos did an outstanding job and the experience has helped both of them to become better lawyers.

In January 1990, Mr. EN was convicted for possession of a small amount of marijuana during a visit to Texas.  He spent three days in jail in Houston, and was released with time served.  Because the conviction is so old, we have not been able to obtain the actual records.  In July 2000, Mr. EN was convicted in Baltimore, MD for possessing cocaine.  He was given 3 years probation.

Recently, Mr. EN decided to travel to his home country, Nigeria.  When he returned to the US on October 19^th of this year, the Border Patrol stopped him because the database revealed the two drug convictions.  Immigration & Customs Enforcement (ICE) initiated removal proceedings against him because his drug related crimes render him inadmissible.  He has been in ICE detention since his October 19^th arrival.

Although his convictions render Mr. EN removable, he appears eligible for relief from removal through Cancellation of Removal.  To be eligible for Cancellation of Removal, Mr. EN 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. EN appears to meet these requirements – simple drug possession does not constitute an aggravated felony.

To be successful in obtaining Cancellation relief, Mr. EN must demonstrate that his equities outweigh the adverse factor of his criminal history.  CAIR Coalition believes Mr. EN has a particularly compelling case:  he has lived in the US for over 25 years; he has contributed his artwork to raise funds for the Baltimore Homeless Services, Inc.; and he volunteered to help victims of Hurricane Katrina.  His drug convictions were relatively minor and very old.

This pro bono opportunity will require representing Mr. NB in pursuing relief from removal on these grounds.  Mr. EN speaks English.  He is currently held at Frederick County Detention Facility in Frederick, Maryland, which is approximately a one hour drive from Washington, DC.  His case will be heard in the Baltimore Immigration Court – it has not been scheduled yet.  CAIR Coalition is available to help coordinate client visits and to ask for a continuance, if necessary.

Contact:

Elizabeth McGrail

liz.mcgrail@caircoalition.org

202-331-3320, ex. 20