Topic: Board of Immigration Appeals and Immigration Judges

[pdf] Training Materials for Victim Advocates and Attorneys (11.28.23) (+)

Training materials for family lawyers, prosecutors, and state family, civil and criminal court judges assisting immigrant crime victims Topics include: U visas, T visas, Family Law cases, VAWA Self-Petitions, VAWA Confidentiality, Public Benefits, Best Practices, Language Access, Webinars, Podcasts and more.

Published November 28 2023 by * NIWAP, Office on Violence Against Women

Topics: Adoption, Asylum, Battered Spouse Waiver, Best Practices and Collaborations, Board of Immigration Appeals and Immigration Judges, Child Abuse/Incest, Demographics, Domestic Violence, Dynamics of Sexual Assault, Dynamics of Stalking, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Family Law, Gender-Based Persecution, Harassment, Immigration, Language Access, Law Enforcement, Legal Services, Migration, Acculturation, Integration Immigrant Women, Physical Health, Screening, Checklists, and Comparison of Immigration Relief, Special Immigrant Juvenile Status (SIJS), State Immigration Legislation, T Visa & Human Trafficking, Trafficking Victims Protection Act, Trauma-Informed Assistance, U Visa and Immigrant Crime Victims, VAWA Confidentiality

[pdf] Idinyan (August 9 2005) Board of Immigration Appeals (+)

Nvart Idinyan (formerly Nvart Huckfeldt) (August 9 2005) Board of Immigration Appeals. The National Network to End Violence Against Immigrant Women, represented by Crowell and Moring, filed this amicus in support of the immigration judge’s finding that plaintiff qualified for cancellation of removal under VAWA and refuting DHS assertion that once a victim reached a “safe house” she should no longer have access to VAWA provisions. (Crowell and Moring, Pro Bono)

Published November 1, 2023

Topics: Amicus Briefs, Board of Immigration Appeals and Immigration Judges, Divorce/Annulment, Domestic Violence, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Immigration, Migration, Acculturation, Integration Immigrant Women, VAWA Cancellation & Suspension

[pdf] Perales v. Ashcroft (2003) US Court of Appeals 10th Circuit (+)

Perales v. Ashcroft, U.S. Court of Appeals 10th Circuit (2003). Legal Momentum, represented by National Immigration Project of the National Lawyers Guild, BIA, Arnold and Porter, submitted this amicus brief discussing the any credible evidence standard and the definition of battery or extreme cruelty in an immigrant victim’s Violence Against Women Act suspension of deportation case.

Topics: Amicus Briefs, Any Credible Evidence, Board of Immigration Appeals and Immigration Judges, Domestic Violence, Dynamics of Sexual Assault, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Immigration, Migration, Acculturation, Integration Immigrant Women, VAWA Cancellation & Suspension

[pdf] In The Matter of: Suyi Varquero-Cubias (April 5 2016) Board of Immigration Appeals) (+)

In The Matter of: Suyi Varquero-Cubias (April 5 2016) Board of Immigration Appeals. NIWAP, represented by Tahirih Justice Center and Center for Gender and Refugee Studies, participated filed this brief in a case of a battered immigrant from El Salvador who separated from her abusive boyfriend and her abuser continued to stalk, sexually assault, and threaten her for the next two years until she fled in fear of her life for the United States. The
Immigration Judge denied her asylum case based on the fact that she was not married to the abuser and that she had physically separated from her abuser. This amicus brief asked the Board of Immigration Appeals to clarify that divorce or a woman’s other attempts to separate are not dispositive of a woman’s
ability to leave the abusive relationship where she lacks the power to end the domestic relationship.
NIWAP provided social science research on separation violence and abusers power and control to
continue to perpetrate the post-separation coercive control, abuse and sexual violence supporting the victim’s
claim for gender based asylum.

Published October 11, 2023

Topics: Amicus Briefs, Asylum, Board of Immigration Appeals and Immigration Judges, Domestic Violence, Dynamics of Sexual Assault, Dynamics of Stalking, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Gender-Based Persecution, Immigration, Migration, Acculturation, Integration Immigrant Women, Trauma-Informed Assistance

[pdf] Traore v. Mukasey US Court of Appeals Fourth Circuit (April 15 2008) (+)

Amicus brief compiled by International Women’s Human Rights Law Clinic and Legal Momentum among others which seeks to reverse BIA denial of gender-based asylum for appellant Alima Traore. The case argues that Traore has established eligibility for asylum, withholding of removal, and protection under the Convention Against Torture because she has endured past persecution in the form of female genital mutilation (“FGM”), has a well-founded fear of future persecution, and likely faces torture and a threat to life or freedom because she is a female member of the Bambara tribe in Mali.

Published September 27, 2023

Topics: Amicus Briefs, Asylum, Board of Immigration Appeals and Immigration Judges, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Female Genital Mutilation, Gender-Based Asylum, Gender-Based Persecution, Immigration, Migration, Acculturation, Integration Immigrant Women, Physical Health, Statutes

[pdf] S.E.R.L v. U.S. Federal Court of Appeals 3rd Circuit (September 25 2017) (+)

Amicus Brief in S.E.R.L v. U.S. NIWAP filed an amicus curiae brief on behalf of a Honduran woman who had helped her daughter escape from a domestic violence perpetrator who had trafficked the daughter to Mexico. The brief discussed the extent to which those who intervene to protect their family from perpetrators of domestic violence are at risk of violent retaliation by the perpetrator, up to and including death. She fled Honduras seeking asylum in the U.S. out of fear of more retaliation. This amicus was filed in the 3rd Circuit Federal Court of Appeals in a case in which S.E.R.L is seeking gender based asylum as a Honduran woman who intervened in a domestic violence relationship who are left completely vulnerable to violent retaliation. Crowell and Moring (September 25, 2017)

Published September 25, 2023

Topics: Abuse, Neglect,, Child Welfare & Parental Rights, Amicus Briefs, Asylum, Board of Immigration Appeals and Immigration Judges, Child Abuse/Incest, Domestic Violence, Dynamics of Sexual Assault, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Family law, Family Law, Gender-Based Asylum, Immigration, Immigration, Research Data, Stories, Trafficking

[pdf] Rosa Marisol Avelar Oliva Board of Immigration Appeals (February 16 2018) (+)

Amicus Brief in Matter of Rosa Marisol Avelar Oliva, NIWAP filed an amicus curiae brief on behalf of an El Salvadorian woman who suffered child abuse and was held in isolation for years. The Immigration Judge found that she was not credible. The brief discussed the psychological and developmental effects of trauma and how childhood rape and sexual abuse can significantly impact witness’s demeanor and ability to testify and report the abuse. The brief addressed how childhood trauma impairs brain development in key regions responsible for memory, reasoning, and planning. The amicus was filed in the Board of Immigration Appeals in a case in which Rosa Marisol is seeking gender-based asylum and withholding of removal. Crowell and Moring (February 16, 2018)

Topics: Abuse, Neglect,, Child Welfare & Parental Rights, Amicus Briefs, Asylum, Board of Immigration Appeals and Immigration Judges, Child Abuse/Incest, Domestic Violence, Dynamics of Sexual Assault, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Family Law, Family law, Gender-Based Asylum, Immigration, Immigration, Mental Health, Physical Health, Research Data, Stories, T Visa & Human Trafficking, Trafficking, Trauma-Informed, Trauma-Informed Assistance

[pdf] N.Y.C.C. v. Whitaker Seventh Circuit Federal Court of Appeals (November 26 2018) (+)

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)

Published September 21, 2023

Topics: Abuse, Neglect,, Child Welfare & Parental Rights, Amicus Briefs, Asylum, Board of Immigration Appeals and Immigration Judges, Domestic Violence, Dynamics of Stalking, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Immigration, Research Data, Stories

[pdf] Nguyen v. INS, 2000 (June 16 2000) U.S. App. LEXIS 6860 5th Circuit (+)

Nguyen v. INS, 2000 U.S. App. LEXIS 6860 (5th Cir. June 16 2000) Filed an brief in support of a
Petition of Certiorari to the United States Supreme Court (2000) in an equal protection clause challenge to a federal immigration law that treats foreign born out-of-wedlock children of citizen mothers differently from similarly situated children of citizen fathers for purposes of obtaining citizenship. (Legal Momentum)

Published June 16 2000 by * NIWAP/Legal Momentum

Topics: Abuse, Neglect,, Child Welfare & Parental Rights, Amicus Briefs, Board of Immigration Appeals and Immigration Judges, Custody, Dynamics, Culture, & Safety, Immigration, Research Data

[pdf] Gabriel Perez Cruz v. Barr, U.S. Court of Appeals 9th Circuit (July 2 2020) (+)

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 crimes, and the need for courts to consider these factors when adjudicating a domestic violence victim’s withholding of removal claims and particularly whether they crime they committed was a “particularly serious crime.” (July 2 2020).

Topics: Amicus Briefs, Board of Immigration Appeals and Immigration Judges, Criminal Justice, Domestic Violence, Dynamics of Sexual Assault, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Healthcare, Mental Health, Trauma-Informed Assistance

[pdf] In the Matter of RA (February 13 2004) (+)

In the Matter of RA (February 13 2004) Board of Immigration Appeals. Domestic violence as a basis for Gender Based Asylum. Filed Briefs and coordinated amici for amicus briefs filed before the Board of Immigration Appeals (1999) and the U.S. Court of Appeals for the 9th Circuit (1999). Provided editing and amici sign on assistance to Amicus brief filed with Attorney General Ashcroft (2004).

Published September 20, 2023

Topics: Amicus Briefs, Asylum, Board of Immigration Appeals and Immigration Judges, Domestic Violence, Dynamics of Sexual Assault, Dynamics of Stalking, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Gender-Based Asylum, Gender-Based Persecution, Immigration, Research Data, Stories

[pdf] Nelsa Rosa Hernandez Cabrera; A.J.E.H. v. U.S. US Court of Appeals Fourth Circuit (February 14 2019) (+)

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 LLP. (February 22, 2019)

[pdf] S.K.E.R v. Barr (April 8 2019) Court of Appeals 5th Circuit (+)

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).

[pdf] Reina Victoria Rodriguez-Ramirez v. William P. Barr Motion and Amicus US Court of Appeals 5th Circuit (August 16 2019) (+)

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)

Topics: Amicus Briefs, Asylum, Board of Immigration Appeals and Immigration Judges, Child Abuse/Incest, Domestic Violence, Dynamics of Sexual Assault, Dynamics of Violence Against Immigrant Women and Children, Legislative History, Research Data, VAWA 1994 - Legislative History, VAWA 2000- Legislative History, VAWA 2005 - Legislative History, VAWA 2013 Legislative History

[pdf] Maria Luisa Rodriguez Tornes v. William P. Barr US. Court of Appeals 9th Circuit (October 18 2019) (+)

Maria Luisa Rodriguez Tornes vs. William P. Barr (2019) US. Court of Appeals 9th Circuit. NIWAP led an amicus brief with DLA Piper for a case filed in the 9th Circuit discussing how domestic violence victims are able to receive gender-based asylum because they domestic violence they experience is based on their social group membership. NIWAP’s brief documented the cultural, religious and social conditions that domestic violence victims suffer that serves as a valid basis for domestic violence related gender based asylum. This brief provided the social science support for a Tahirih Justice Center case challenging the Attorney General Sessions Justice Department position on domestic violence related gender based asylum cases. (October 19, 2019)

Topics: Amicus Briefs, Asylum, Board of Immigration Appeals and Immigration Judges, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Gender-Based Asylum, Immigration, Research Data, VAWA 1994 - Legislative History

[pdf] Agriprocessors Postville, Iowa, (December 8 2008) Court of Appeals Eighth Circuit (+)

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 mandatory sentence enhancement, was stretched to reach immigrant workers with low levels of culpability. The Eighth Circuit’s reading produced arbitrary results. These arbitrary results were not necessary, as Congress’s false document scheme provides for independent and flexible punishment when immigrants knowingly use false documents. By extending the charge of aggravated identity theft beyond its intended bounds, the Eighth Circuit’s reading of 18 U.S.C. § 1028A contravened the bedrock criminal law principle that punishment should be calibrated to culpability. This brief argues that the Court should therefore limit its interpretation of the knowledge requirement in 18 U.S.C. § 1028A to reinforce the link between culpability and punishment and avoid undermining Congress’s immigration law.

Published September 18, 2023

Topics: Amicus Briefs, Asylum, Board of Immigration Appeals and Immigration Judges, Dynamics of Violence Against Immigrant Women and Children, Employment, Migration, Acculturation, Integration Immigrant Women, Social Security Numbers, U Visa and Immigrant Crime Victims

[pdf] In the Matter of M.A. (March 23 2020) Board of Immigration Appeals (+)

In the Matter of M-A. (2020) Brief filed with the Board of Immigration Appeals. NIWAP was lead amicus in an appeal to the Board of Immigration Appeal in a case of first impression challenging an Immigration Judge’s denial of VAWA cancellation of removal to an LGBTQ+ immigrant victim of spouse abuse who suffered multiple VAWA confidentiality violations including Immigration and Custom’s Enforcement informing the court they planned to call the perpetrator as a witness, submitting an affidavit by the perpetrator that the immigration judge relied upon to deny the victim VAWA cancellation of removal, the immigration court failing to remove the victim’s case from the publicly available computer system and numerous other VAWA confidentiality violations. The brief provided detailed legislative, regulatory and policy history on VAWA confidentiality and discussed each of the numerous VAWA confidentiality violations occurring in this case by Immigration and Customs Enforcement, U.S. Citizenship and Immigration Services, the immigration judge and the immigration courts. (March 24, 2020)

Published September 14, 2023

Topics: Amicus Briefs, Board of Immigration Appeals and Immigration Judges, Dynamics of Violence Against Immigrant Women and Children, VAWA 1994 - Legislative History, VAWA 2000- Legislative History, VAWA 2005 - Legislative History, VAWA 2013 Legislative History, VAWA Cancellation & Suspension, VAWA Confidentiality, VAWA Confidentiality Legislative History

[msword] Perales-Cumpean, Amicus Brief Board of Immigration Appeals, U.S. Court of Appeals 10th Circuit (October 16 2003) (+)

Perales-Cumpean, A76 386 969, Board of Immigration Appeals (2001), U.S. Court of Appeals 10th Circuit (2003). Amicus brief discussing the any credible evidence standard and the definition of battery or extreme cruelty in an immigrant victim’s Violence Against Women Act suspension of deportation case (National immigration Project of the National Lawyers Guild, BIA, Arnold and Porter, Pro Bono 10th Circuit)

Published September 13, 2023

[pdf] Aguilar-Jimenez Board of Immigration Appeals (2002) (+)

Aguilar-Jimenez, Board of Immigration Appeals (2002). Amicus brief discussing the “extreme cruelty” and “extreme hardship” standards in the context of requests for suspension of deportation under VAWA, specifically that extreme cruelty includes the psychological and emotional abuse imposed on a child who is forced to watch as a parent is battered by another parent. (Crowell and Moring Pro Bono)

Topics: Abuse, Neglect,, Child Welfare & Parental Rights, Amicus Briefs, Board of Immigration Appeals and Immigration Judges, Domestic Violence, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Migration, Acculturation, Integration Immigrant Women, VAWA 1994 - Legislative History, VAWA Cancellation & Suspension

[pdf] Obiaga and Berrocal v. Ashcroft, (2005) U.S. Court of Appeals 9th Circuit (+)

Obiaga and Berrocal v. Ashcroft, U.S. Court of Appeals 9th Circuit (2005). Amicus brief discussing any credible evidence rules and extreme cruelty in VAWA Cancellation of Removal cases. (National Immigration Project of the National Lawyers Guild).

Topics: Amicus Briefs, Board of Immigration Appeals and Immigration Judges, Dynamics of Violence Against Immigrant Women and Children, VAWA 1994 - Legislative History, VAWA Cancellation & Suspension

[pdf] Nvart-BIA-Appeal-Brief-1 (+)

Nvart Idinyan (formerly Nvart Huckfeldt), Board of Immigration Appeals (2005). Amicus was filed in support of immigration judges finding that plaintiff qualified for cancellation of removal under VAWA and refuting DHS assertion that once a victim reached a “safe house” she should no longer have access to VAWA provisions. (Crowell and Moring, Pro Bono)

Topics: Amicus Briefs, Board of Immigration Appeals and Immigration Judges, Dynamics of Violence Against Immigrant Women and Children, VAWA Cancellation & Suspension

[pdf] Kewan, U.S. Court of Appeals for the 9th Circuit (2005) (+)

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)

Topics: Amicus Briefs, Any Credible Evidence, Board of Immigration Appeals and Immigration Judges, Domestic Violence, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, VAWA 2000- Legislative History, VAWA Self-Petition

[pdf] Sanchez v. Gonzalez, Amicus Brief U.S. Court of Appeals for the 7th Circuit (November 8 2006) (+)

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 assistance of counsel. (K&L Gates, Pro Bono).

[pdf] Ramirez Amicus Brief in Support of Appeal, Board of Immigration Appeals (January 26 2007) (+)

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).

Topics: Amicus Briefs, Board of Immigration Appeals and Immigration Judges, Dynamics of Violence Against Immigrant Women and Children, VAWA 2005 - Legislative History, VAWA Cancellation & Suspension

[pdf] Chapter 10: U Visas: Victims of Criminal Activity (August 8, 2023) (+)

Chapter from “Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault” to assist advocates and attorneys in identifying sexual assault, domestic violence, and other crime victims who may be eligible for U-visa immigration status and to provide resources to help advocates and attorneys work together to prepare U-visa applications for immigrant crime victims.

Published August 8, 2023 by * NIWAP/Legal Momentum

Topics: Board of Immigration Appeals and Immigration Judges, Criminal Justice, Immigration, Judges, Law Enforcement, Policy Tools and Fact Sheets, Regulations and Policies, U Visa and Immigrant Crime Victims

Part of: Empowering Survivors

[pdf] Bench Card: Overview of Types of Immigration Status (April 21, 2022) (+)

This bench card is designed to provide quick access for state criminal, family, and juvenile court judges to help them identify the various types of status that immigrants in the state court might have. It is aimed at assisting judges in recognizing non-citizen parties before them who might need the advice of immigration counsel or other sources of assistance as to how their immigration status might affect or be affected by actions in their state court case. In addition, it is aimed at assisting state court judges in recognizing how their actions might jeopardize a non-citizen’s immigration status.
This bench card is not meant to be an in-depth treatise on immigration law or intended to provide definitive answers regarding immigration rights. Judges using the bench card should be aware that immigration law and the DHS policies that implement U.S. immigration laws are continuously changing.

Published April 21, 2022 by * NIWAP

Topics: Asylum, Battered Spouse Waiver, Board of Immigration Appeals and Immigration Judges, DACA, Immigration, Judges, T Visa & Human Trafficking, U Visa and Immigrant Crime Victims, VAWA Cancellation & Suspension, VAWA Self-Petition, Visa Holder Abused Spouses