-
·
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…
-
·
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.
-
·
Amicus in Marriage of Salcido & Salcido (Az. Ct. App. Aug. 24, 2004)
Amicus brief by Crowell and Moring 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 (Az. Ct. App. Aug. 24, 2004). This case illustrates why DHS interpreted VAWA self-petitions to not be…
-
·
Amicus in Matter of Aguilar-Jimenez (BIA)
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 and the nature, history, severity, and impact…
-
·
Amicus in Matter of Leiva-Mendoza (BIA Apr. 22, 2011)
This amicus brief discussed how a child who witnessed domestic violence against a parent constitutes “extreme cruelty” under the Violence Against Women Act (VAWA). The brief argued that such children do not need to be direct targets of abuse to qualify for protection.
-
·
Amicus in Hawke v. DHS (N.D. Ca. May 23, 2008)
Legal Momentum’s amicus brief in opposition to petitioner’s attempts to circumvent the confidentiality requirements of VAWA statutes by demanding the government confirm the existence of a VAWA application. The brief explains that the government must not be compelled to disclose whether an application exists or its substance. VAWA confidentiality requires that the government protect battered…
-
·
Amicus in Hernandez Cabrera v. U.S. (4th Cir. Feb. 22, 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…
-
·
Amicus in In re Avelar Oliva (BIA Feb. 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…
-
·
Amicus in In Re D.T. -O (Md. Ct. Spec. App. May 20, 2021)
“In Re D.T. –O” (Maryland Court of Special Appeals) NIWAP filed an amicus brief in a case before the Maryland Court of Special Appeals represented by K & L Gates LLP in a case in which Maryland State Child Protective Services used a parent’s immigration status and issues related to immigration status to terminate a…
-
·
Amicus in in re Idinyan (Huckfeldt) (BIA Aug. 9, 2005)
Amicus filed in support of Nvart Idinyan (formerly Nvart Huckfeldt) and the immigration judge’s finding that plaintiff qualified for cancellation of removal under VAWA. The brief argues that the DHS’ arguments were almost entirely supported by the abuser’s testimony.
National Immigrant Women's Advocacy Project