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Amicus in Wilkinson v. Garland (U.S. S. Ct. Sep. 2023)
NIWAP participated in the development of an amicus brief led by the National Immigrant Justice Center in a case before the U.S. Supreme Court in a case considering whether extreme hardship determinations in cancellation of removal cases are subject to judicial review. NIWAP, NIJC and other amici with expertise on Violence Against Women Act (VAWA)…
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Arguijo v. USCIS (July 24, 2020) US Court of Appeals 7th Circuit Amicus Brief
The National Immigrant Justice Center (NIJC) represents Jennifer Arguijo, who was 11 years old when her mother married her stepfather, who turned out to be abusive. Applying BIA case law from other contexts, VSC held that a stepchild-stepfather relationship ends after the biological parent divorces the stepparent, unless there is a “continuing relationship” between the…
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Declaration of David B. Thronson Discussing Trauma and the Neurobiological Health and Well Being of Children
This Declaration was filed in U.S. District Court for the District of Columbia in O.M.G. vs Wolf on March 30, 2020. The Declaration discusses the dangers for children in DHS family detention centers, the risks posed by the COVID-19 pandemic and provides an excellent overview with social science research data support of the impact of…
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Rivas-Ramos v Garland Court of Appeals Eighth Circuit (6.2.2023)
“Ada Merary Rivas-Ramos v Merrick Garland”. NIWAP represented by Manatt, Phelps, and Phillips, LLP filed an amicus brief in the 8th Circuit Court of Appeals in a case of Ada Rivas-Ramos faced abuse at the hands of her former partner with whom she had been in a relationship with since she was 14 years old…
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Sample Amicus Criminal Court VAWA Confidentiality Protections – Amici Curiae Brief of Legal Momentum, Sanctuary for Families, and NIWAP
Legal Momentum, Sanctuary for Families, and National Immigrant Women’s Advocacy Project submitted this brief on VAWA confidentiality protections as Amici in a case in which a criminal defendant sued the Department of Homeland Security to obtain the immigration case file of the victim in the criminal case brought against him. The Amicus brief which serves…
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Amicus in State v. Maria L. (Ne. Apr. 8, 2009)
Amicus brief before the Nebraska Supreme Court about the termination of parental rights in which an undocumented immigrant mother was denied language access in the hospital. In a unanimous decision, that Nebraska Supreme Court returned two children to their Guatemalan mother who had been deported and her parental rights were terminated by the state ruling…
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Amicus in the Matter of Lopez-Umanzor (BIA Oct. 2, 2002)
Amicus brief discussing violations of a victim’s due process rights when the immigration judge ignored the victim’s evidence on the domestic violence she suffered and holding that she was not credible in a VAWA cancellation of removal case (BIA Oct. 2, 2002).
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Amicus in the Matter of Ramirez Avila (BIA Jan. 26, 2007)
Amicus brief discussing the dynamics of domestic violence, how courts should consider domestic violence and it’s impact when making credibility determinations, 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 (Jan. 26, 2007).
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Amicus in Traore v. Mukasey (4th Cir. Apr. 15, 2008)
Amicus brief compiled by International Women’s Human Rights Law Clinic and Legal Momentum among others which seeks to reverse BIA’s denial of gender-based asylum because 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”),…
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Amicus in U.S. v. Arizona (9th Cir. Sep. 30, 2010)
United States v. State of Arizona and Janice K. Brewer Governor, United States Court of Appeals for the 9trh Circuit. (2010) Legal Momentum submitted an amicus brief in the 9th Circuit case in support of the United States position that Arizona law SB 1070 unconstitutionally interferes with federal immigration laws designed to help immigrant victims…
National Immigrant Women's Advocacy Project