[pdf] Romain v. Napolitano (March 16 2012) United States District Court (+)

Romain v Napolitano (March 16 2012), U.S. District Court, Eastern District of New York. NIWAP, represented by Morgan, Lewis and Bockius, served as lead amicus in the first VAWA Confidentiality appeal of denial of a criminal court discovery order. This was a case in which a domestic violence perpetrator who was being prosecuted for domestic violence sought discovery under Brady and W.M.V.Crio of the VAWA confidentiality protected VAWA self-petition immigration case filed by his battered immigrant spouse. The perpetrator of spousal rape subpoenaed the
victims VAWA self-petition case from the U.S. Department of Homeland Security. The Federal District Court ultimately denied the subpoena and discovery of the self-petition file by the criminal defendant
spouse.

[pdf] Cazorla and EEOC v. Koch Foods of Mississippi US Court of Appeals 5th Circuit (October 22 2015) (+)

Cazorla v. Koch Foods of Mississippi, (October 22 2015) United States Court of Appeals, 5th Circuit. NIWAP, represented by Procopio, Cory, Hargreaves & Savitch, LLP, Arnold and Porter, Latino Justice PRLDEF, was the lead Amicus in the first case to reach the U.S. Courts of Appeals on the (VAWA) immigration confidentiality protections. In this workplace sexual assault case brought by the EEOC the employer is attempting to obtain through civil court discovery receive copies of and/or information contained in victim workers’ U visa cases filed with the U.S. Department of Homeland Security that under federal law are to receive VAWA confidentiality protection.

[pdf] Harrison v. Harrison, Kentucky, Fayette Circuit Court 3rd Division (February 11 2002) (+)

Harrison v. Harrison, Kentucky, Fayette Circuit Court 3rd Division (2002) Amicus Brief explaining misuse of protection orders to penalize victims and discourage them from seeking legal relief, “mutual” protection orders as contrary to public policy, and the safety of DV victims as directly related to batterer responsibility enforced in the legal system. (Wiley, Rein & Fielding, Pro Bono)

[pdf] Marriage of David M. Salcido and Irina N. Salcido Arizona State Court of Appeals (August 24 2004) (+)

In Re the Marriage of David M. Salcido and Irina N. Salcido, Case No. 20023590 before the Arizona Court of Appeals. (2004) Filed an amicus brief in support of overturning a grant of annulment in favor of an abusive spouse who sought an annulment after a five year marriage in order to deny the victim-wife VAWA immigration status. (Crowell and Moring, Pro Bono).

[pdf] Meredith v. Muriel K&L Gates Supreme Court of the State of Washington (July 17 2009) (+)

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 victims and the lethality of immigration related abuse and discussed the history and purpose of VAWA confidentiality protections.

[pdf] Friendly House Et Al., V. Michael B. Whiting Et Al., United States District Court Arizona (June 11 2010) (+)

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’s, violence against women’s and allied organizations joined the brief which demonstrated how SB 1070 interferes with federal protections for immigrant crime victims; cuts immigrant women and their children off from federally provided services necessary to protect life, health and safety, and harms children by depriving them of the care and nurturing of their mothers through detention leading to family separations. The Mexican Consulate translated this brief and is distributing it in Spanish. (Manatt, Phelps, and Phillips, Pro Bono)

[pdf] European Connections & Tours, Inc. v. Gonzales (April 24 2006) (+)

European Connections & Tours, Inc. v. Gonzales, (2006) Developed amicus brief and assisted the U.S. Attorney General in a motion to dismiss a 1st Amendment challenge to the collection of data on male clients for prospective brides and 5th Amendment Equal Protection challenge to regulation of for-profit or majority for-profit but not cultural or religious International Marriage Brokers. (Crowell and Moring, Pro Bono).

[pdf] Equal Employment Opportunity Commission v. Koch Foods 5th Circuit (October 22 2015) (+)

Equal Employment Opportunity Commission v. Koch Foods. NIWAP Inc. collaborated with Latino Justice, the law firms of Arnold and Porter and Procopio, and Legal Momentum to submit an amicus brief to the 5th Circuit Court of Appeals in an interlocutory appeal of a Federal District Court decision to allow an employer who employed supervisors who perpetrated rape, sexual assault, felonious assault, extortion, sexual harassment and other discrimination against workers to use civil court discovery in an EEOC enforcement action to obtain copies of the victim’s VAWA confidentiality protected U visa case files. The brief provided legislative history of the VAWA confidentiality provisions and the U visa and discussed the public policy effects on victims of domestic violence, sexual assault, human trafficking and other crimes if discovery of VAWA confidentiality protected information is allowed in civil cases. (October 22, 2015)

[pdf] BIA Amicus Invitation and Amicus 2016-0609 (September 1 2016) (+)

BIA Amicus Invitation 2016-0609 Amicus Curiae Brief of National Immigrant Women’s Advocacy Project and The Lutheran Immigration and Refugee Service submitted this amicus brief to the Board of Immigration Appeals discussing the brain development and neuroscience of how having experienced or witnessed trauma impacts the brain development of children and adolescents. The brief argues that in cases of child asylum applicants’ waivers of the one-year deadline based on extraordinary circumstances must be presumed for children under the age of 21. The brain science also supports waivers of the deadline for older youth in their 20s who can demonstrate based on the totality of the circumstances of their case and the impact of the trauma they suffered on their lives that they meet the extraordinarily circumstances test. (Crowell and Moring: September 1 2016)

[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)

[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)

[pdf] Hawke v. Department of Homeland Security, the United States District Court for the District of Northern California (May 23 2008) (+)

Hawke v. Department of Homeland Security, the United States District Court for the District of Northern California (September 29, 2008). Filed an amicus brief discussing the history and purpose of VAWA Confidentiality created in 1996 (expanded in 2000 and 2005) as Section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”). In this case of first impression, the Court clarified that VAWA confidentiality provisions protect victims filing for VAWA immigration relief even if the case is ultimately denied when such denials were not based on the merits. Procedural denials or withdrawals of applications continue to receive the full scope of VAWA Confidentiality eligible protection. (Morgan, Lewis, Pro Bono)

[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)

[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)

[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)

[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).

[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] Cabezas (2010) US Citizenship and Immigration Service Administrative Appeals Office (+)

Esteban Cabezas is an appeal to the United States Citizenship and Immigration Services Administrative Appeals Office (2010) of a denial of a VAWA self-petition by the United States Citizenship and Immigration Services, Vermont Service Center. This case raises important issues about the any credible evidence standard to be applied in VAWA self-petitioning cases and on immigration related abuse and the role this abuse plays as part of a pattern of extreme cruelty. (Andrew Taylor, Pro Bono)

[pdf] Legislative History of VAWA (94,00,05), T and U-Visas, Battered Spouse Waiver, and VAWA Confidentiality (January 5, 2023) (+)

This document recounts the legislative history of laws offering protection for victims of domestic violence sexual assault and human trafficking with a particular focus on the immigration relief developed by Congress to protect immigrant survivors.

[pdf] Birru v. Wilkinson 9th Circuit Court of Appeals (January 22, 2021) (+)

Aylaliya Assefa Birru v. Barr (January 11 2021) 9th Circuit Court of Appeals. NIWAP, represented by
Baker McKenzie, is lead amicus in a brief on behalf of an immigrant domestic
violence victim who is seeking relief under the Violence Against Women Act’s domestic violence victim
waiver in her VAWA cancellation of removal case. The Board of Immigration Appeals and the
immigration judge denied her the ability to present evidence of waiver eligibility.

[pdf] Christina Untold Stories VAWA 1994 (+)

This case study focuses on a Filipino immigrant victim named Christina who was married to a US citizen and faced abuse. This case comes from a small rural town in Texas and was compiled by the Texas Council on Family Violence Council.

[pdf] VAWA-Legislative History Rape Protections and Housing Confidentiality Congressional Record (July30, 1995) (+)

Congressional Record July 30, 1995 Senator Biden discussing amendments in federal law needed to ensure that rape was included as on of the federal laws that is defined as causing serious bodily injury. Contains a significant statement on rape and the need for greater protections for rape victims. Discusses the important role of the Violence Against Women Act. This congressional record also includes the introduction of a 1996 Housing Act including early housing protections providing confidentiality for victims.

[pdf] Senate and House Extension of Remarks-Congressional Record March 31, 1995 (+)

Senator Kennedy on the creation of the Violence Against Women Act Office, (later renamed OVW), reinstatement with federal funds of the National Hotline, initiation of VAWA grant funding nationally, House: Stupak on creation of the VAWA Office; Slaughter on Appointment of Bonnie Campbell to lead the first VAWA Office (OVW) and initiation of OVW grant funding.

[pdf] Women Immigrants and Domestic Violence (+)

Paper presented at a symposium convened by the Woodrow Wilson International Center for Scholars entitled Women’s Rights in Theory and Practice: Employment, Violence and Poverty, May 21-22, 2002. Discussing the demographics of immigrant women in the United States and the importance that services providers, advocates and attorneys learn how to provide culturally appropriate assistance to diverse immigrant victims, the significance of fear of deportation as a barrier, and the importance of identifying and working with survivors the continuum of violence immigrant survivors experience.

[pdf] The Roles of Culture, Context, and Legal Immigrant Status on Intimate Partner Violence (March, 2002) (+)

Intimate partner violence against immigrant women is at epidemic proportions, but research has only recently begun to address the concern. A review of the legal, medical, and social science research literature reveals little data, but that which exist demonstrate that immigrant women’s cultures, contexts, and legal status (a) increase vulnerability for abuse, (b) are used by batterers to control and abuse immigrant women, and (c) create barriers to women seeking and receiving help. Data also reveal that immigrant culture and context offer resiliency factors through which programs and policy can be used to better serve these populations.

[pdf] Lifetime Prevalence of Violence Against Latina Immigrants: Legal and Policy Implications (+)

This article examines the prevalence of various forms of domestic violence experienced by Latina immigrant women, the nature of the battering and extreme cruelty they experience, and public policy implications of the findings. The this research found high levels of intimate partner abuse experienced by immigrant Latinas and publishes data about immigrant victims in married to citizens and lawful permanent residents that Congress relied upon in when creating VAWA self-petitioning in 1994. Includes a discussion of immigration related abuse, details about the types of physical, sexual and emotional abuse victims suffered, describes the types of emotional abuse that are significantly related to physical and sexual abuse, and provides empirical data documenting several of the factors that in and of themselves or collectively constitute “extreme cruelty” under U.S. immigration laws.

[pdf] The Violence Against Women Act of 1994: Evaluation of the STOP Block Grants to Combat Violence Against Women (+)

This report documents the federal and state activities and accomplishments in the initial year of implementing the resulting “STOP Violence Against Women” grants program. It was developed under a competitively awarded grant from the National Institute of Justice to provide a basis for reporting on the progress and impact of the program.

[pdf] Turning the Act Into Action: The Violence Against Women Law (+)

In the making for over four years, The Violence Against Women Act is finally law. Now it is time to turn the Act into action. Beginning in 1990, through a series of hearings and reports, the Senate Judiciary Committee studied the kinds of crimes- namely rape and family violence- that disproportionately burden women. What we learned is that our society and our criminal justice system routinely ignore and dismiss this violence, with tragic consequences for women, for their children, and ultimately for all of us.

[pdf] Domestic Violence: Not Just a Family Matter (+)

This hearing is about 4 million women a year whose names and faces are not gracing magazine covers and are not on the evening news. This hearing has three purposes: let you know that this could happen to someone you know, learn about mandatory arrest, and we are dedicated towards stopping domestic violence.

[pdf] CRS: Domestic Violence: Data, Programs, and Funding (December 14, 1998) (+)

Domestic violence generally refers to overt physical abuse, sexual violence, or psychological violence between spouses, ex-spouses, boyfriends or girlfriends. Estimates of the level of domestic violence nationwide vary depending on how the term is defined, with most researchers agreeing that the majority of domestic violence victims are women.
The federal government administers two Acts to address domestic violence: the Family Violence Prevention and Services Act, and the Violence Against Women Act. A third federal program, the Victims of Crime Act, also includes services for victims of domestic violence. This report presents statistics on domestic violence, and discusses federal programs to deal with the problem.

[pdf] VAWA 1994-The Response to Rape: Detours on the Road to Equal Justice (+)

This report culminates a three year investigation by the Judiciary Committee’s majority staff concerning the causes and effects of violence against women. Women in America suffer all the crimes that plague the nation. But there are some crimes that disproportionately burden women. Through a series of hearings and reports, the committee has studied this violence in an effort to determine what steps we can take to make women more safe.

[pdf] CRS: Violence Against Women: Federal Funding and Recent Developments (December 19, 1997) (+)

Each year women report approximately 500,000 rapes and sexual assaults, according to a recently designed Bureau of Justice Statistics survey. The extent and seriousness of the problem of violence against women first was addressed in 1990 by legislation proposing a federal response. Over the next several years, Congress began to address mounting public concern about gender-related crime, culminating in the enactment of new penalties under the Violent Crime Control and Law Enforcement Act of 1994, and the establishment of several grant programs under its Tile IV, the Violence Against Women Act (P.L. 103-322). Since passage of P.L. 103-322, Congress has been supportive regarding funding. In FY1997, Congress approved VAWA funding for selected programs at the Department of Justice at $197.5 million and at the Department of Health and Human Services for $61 million. In FY1998, Congress approved VAWA funding for selected programs at the Department of Justice at $270.75 million and at the Department of Health and Human Services at $154 million.

[pdf] CRS: Domestic Violence: Data, Programs and Funding (December 30, 1997) (+)

Domestic violence generally refers to overt physical abuse, sexual violence, or psychological violence between spouses, ex-spouses, boyfriends or girlfriends. Estimates of the level of domestic violence nationwide vary depending on how the term is defined, with most researchers agreeing that the majority of domestic violence victims are women.
The federal government administers two Acts to address domestic violence: the Family Violence Prevention and Services Act, and the Violence Against Women Act. A third federal program, the Victims of Crime Act, also includes services for victims of domestic violence. This report presents statistics on domestic violence, and discusses federal programs to deal with the problem.

[pdf] Violence Against Women: A Week in the Life of America (+)

A report that graphically portrays the human tragedy of a single “Week in the Life of America’s Women.” We have found that in 1991, at least 21,000 domestic crimes against women were reported to the police every week, almost one-fifth of all aggravated assaults reported to the police are aggravated assaults in the home, and these figures reveal a total of at least 1.1 million assaults, aggravated assaults, murders, and rapes against women committed in the home and reported to the police (unreported crimes may be more than three times this total).

[pdf] CRS: Sexual Harassment and Violence Against Women: Developments in Federal Law (May 12, 1997) (+)

Gender-based discrimination, harassment, and violence against women in the home, workplace, and society at large have received increasing legislative and judicial attention in recent years. Legal doctrines condemning the extortion of sexual favors as a condition of employment or job advancement, and other sexually offensive workplace behaviors resulting in a “hostile environment,” continue to evolve from judicial decisions under Title VII of the 1964 Civil Rights Act and related federal laws. The courts and EEOC have interpreted Title VII to protect both men and women against workplace sexual harassment by the opposite sex. In 1994, Congress broke new legal ground by creating a civil rights cause of action for victims of “crimes of violence motivated by gender.” The new law also made it a federal offense to travel interstate with the intent to “injure, harass, or intimidate” a spouse, causing bodily harm to the spouse by a crime of violence.