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Hawke v. DHS (N.D. Ca. Sep. 29, 2008)
Hawke v. Department of Homeland Security, a case of first impression on the issue of VAWA confidentiality. This was a case in which a victim filed a VAWA self-petition and then gained legal immigration status through another form of immigration relief. Hawke was awaiting trial on misdemeanor battery against his wife and he asked the…
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Guillen v. B.J.C.R., L.L.C. (D. Nev. Mar. 31, 2022)
In a motion to compel production of the plaintiff’s employee’s immigration records, in a case where the plaintiff disclosed the existence of a U visa case, the defendant employer’s motion to compel was denied because the court did not have authority under 5 U.S.C.S. § 552(a)(4)(B), and defendants did not cite to any, to order…
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Guardado v. State (Md. Oct. 14, 2015)
This case is related to the State court decisions that is addressing defense counsel’s use of lack of immigration status and/or pursuing immigration relief during cross-examination. In this case, the court found that the trial judge properly limited the scope of the cross-examination of the victim about her immigration status where the “defense offered no…
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Guardianship of Saul H. v. Jesus Rivas (Cal. Aug. 15, 2022)
Saul left El Salvador to flee gang violence. In the US, a distant relative took Saul in and agreed to serve as his guardian. Saul petitioned for special immigrant juvenile status but the probate court denied Saul’s petition. The Supreme Court of California concluded that the lower court applied an incorrect legal framework because it…
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Gomez v. State (Fl. Ct. App. Apr. 25, 2018)
The Florida Court denied discovery of the U visa file which was not in the state’s possession or control. Thus, the State had no obligation to produce it. Also, the defendant could not cross-examine the victim about her sexual abuse history due to the state’s rape shield law (Fl. Ct. App. Apr. 25, 2018).
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Gonzalez v. State (Md. May 29, 2024)
This case is about whether a trial court erred in precluding counsel for Gonzalez from cross-examining a witness who was the victim of an alleged assault about the witness’s application for a U-visa. This court ruled that Gonzalez’s counsel established an adequate factual foundation to ask such questions to uncover whether the witness had an…
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Garcia v. Audubon Cmtys. Mgmt. (E.D. La. Apr. 15, 2008)
The plaintiffs were non-documented workers who filed suit against their former employer alleging that the defendants improperly withheld wages. The plaintiffs sought U visas and the court found a prima facie showing that the plaintiffs were entitled to a U visa certification. The court agreed to certify the emergency motions for U visa certification Garcia…
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Fact Sheet Hawke v DHS VAWA Confidentiality Case Law
A summary of the decision in Hawke v. Department of Homeland Security, a case of first impression on the issue of VAWA confidentiality. This was a case in which a victim filed a VAWA self-petition and then gained legal immigration status through another form of immigration relief. The victim’s abusive husband sued DHS to obtain…
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European Connections & Tours, Inc. v. Gonzales (N.D. Ga. Mar. 23, 2007)
In the case of European Connections & Tours, Inc. v. Gonzales, the U.S. District Court for the Northern District of Georgia considered Plaintiff’s request for a permanent injunction of IMBRA due to violations of the First and Fifth Amendments of the Constitution, specifically challenging the portions of the IMBRA statute relating to the disclosure of…
National Immigrant Women's Advocacy Project