by Richard J. Webber, Arent Fox
In my experience handling juvenile cases, I have come to believe that there is always going to be a twist or turn in a legal process that might be expected to follow a routine course. It is at such times that the ability to compare notes with the CAIR Coalition attorney can be especially valuable – either because that attorney has seen the issue before or, if not, can share thoughts about what approach should be taken.
A case in point is a young boy whose path to SIJ status seemed reasonably clear, but for one complicating fact. The boy had been involved in a violent act at a very young age under the coercive influence of a gang. The issue from the outset was whether this act of violence might stand in the way of the boy’s progression through SIJ status and permanent residency.
The CAIR Coalition attorneys and I exchanged thoughts on more than one occasion about this issue, as the case proceeded. There appeared to be no written decisional precedent, but we did develop a legal position that the boy was too young to have a criminal intent under United States law, and so his eligibility should not be affected by this incident several years earlier in his native country. Undoubtedly because of this unusual situation, the boy was interviewed on three separate occasions. On each occasion, I discussed with a CAIR Coalition attorney what the boy might expect in the way of questions. We also discussed how best to fill out Form I‑485, which has questions that are directed to such incidents.
This kind of collaboration is one of the several ways that CAIR Coalition assists pro bono attorneys in pursuing these juvenile cases. It is always a pleasure to work with the CAIR Coalition staff because they are experienced and insightful, but also because they have such a strong desire to help the pro bono attorney and thus ultimately the juvenile immigrant.
Help us celebrate Noviembre de Niños and purchase an item off of our Amazon Wish List which will be gifted to immigrant children in detention facilities served by CAIR Coalition.
