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Amicus in Perales v Ashcroft (10th Cir. Oct 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 rape and domestic violence victim’s Violence Against Women Act suspension of deportation case (National immigration Project of the National Lawyers…
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Amicus in Perez Cruz v. Barr (9th Cir. July 2, 2020)
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…
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Amicus in Ramirez v . Marsh (N.M. Aug. 14, 2023)
Emergency petition for writ of superintending control to the New Mexico Supreme Court in a sexual assault case in which a state court judges ordered U visa applicant victims to turn over in criminal court discovery information contained in the victim’s VAWA confidentiality protected case in violation of federal law (N.M. Aug. 14, 2023). The…
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Amicus in Ramirez v. Marsh (N.M. March 5, 2024)
Emergency petition for writ of superintending control to the New Mexico Supreme Court in a sexual assault case in which a state court judges ordered U visa and T visa applicant victims to turn over in criminal court discovery information contained in the victim’s VAWA confidentiality protected case in violation of federal law. The court…
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Amicus in Matter of Varquero-Cubias (BIA Apr. 5, 2016)
NIWAP participated in an amicus brief filed with the BIA 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…
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Amicus in Muriel v. Meredith (Wash. July 17, 2009) 1
Amicus brief submitted 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. The K & L Gates brief provided social science documentation of the harm to victims and the lethality of immigration related abuse…
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Amicus in Jane Doe v. McIntire (Mass. Aug. 10, 2001)
Amicus brief appealing a denial of TANF benefits to two immigrant women lawfully residing in Massachusetts, the denial was based on six month residence requirement before receiving benefits. One woman was fleeing domestic violence and the other residing with family during pregnancy (Aug. 10, 2001).
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Amicus in Judgment in Hawke v. DHS (N.D. Ca. Sep. 29, 2008)
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”). The Court clarified that VAWA confidentiality provisions protect victims filing for VAWA immigration relief even if the case is ultimately denied when…
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Amicus in Kumar v. Kumar (Ca. Sup. Ct. Sep. 26, 2016)
NIWAP served as sole amicus in a case in which a California state family court judge imposed the duty to mitigate that applies in contract cases and alimony cases to an immigrant spouse, in this case a battered immigrant spouse, seeking to enforce the Affidavit of Support her husband signed with the U.S. Department of…
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Amicus in Luis-Hernandez v. INS (9th Cir. Oct. 15, 2002)
Amicus Brief filed in the 9th Circuit on a VAWA suspension of deportation case, arguing extreme cruelty includes physical, psychological, and emotional abuses (9th Cir. Oct. 15, 2002). Sets out the legislative history and purpose of the definition of extreme cruelty that should apply in all VAWA immigration cases.
National Immigrant Women's Advocacy Project