[pdf] Danger Assessment for Immigrant Women (DA-I) (+)

The Danger Assessment Tool for Immigrant women (DA-I) is a structured risk assessment instrument developed by Dr. Jacquelyn Campbell to assess the risk of lethality in cases of intimate partner violence (IPV), particularly the likelihood of homicide. Several risk factors have been associated with increased risk of homicides (murders) of immigrant women in violent relationships. […]

[pdf] 12 Question Predatory Helpfulness Screener (October 24, 2023) (+)

This screener appears as an appendix to the article Inderjit K Basra, Tatum Kenney, Shandra Forrest-Bank, Lisa K. Zottarelli & Chitra Raghavan (24 Oct 2023): Predatory Helpfulness: An Empirical Framework to Identify Fraudulent Tactics Used by Pimps to Recruit and Commercially Sexually Exploit Young Girls and
Women, Journal of Human Trafficking, DOI: 10.1080/23322705.2023.2259263
To link to this article: https://doi.org/10.1080/23322705.2023.2259263

[pdf] Chapter 10: U Visas: Victims of Criminal Activity (August 8, 2023) (+)

Chapter from “Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault” to assist advocates and attorneys in identifying sexual assault, domestic violence, and other crime victims who may be eligible for U-visa immigration status and to provide resources to help advocates and attorneys work together to prepare U-visa applications for immigrant crime victims.

[pdf] Training Materials for Victim Advocates and Attorneys (11.28.23) (+)

Training materials for family lawyers, prosecutors, and state family, civil and criminal court judges assisting immigrant crime victims Topics include: U visas, T visas, Family Law cases, VAWA Self-Petitions, VAWA Confidentiality, Public Benefits, Best Practices, Language Access, Webinars, Podcasts and more.

[pdf] Perales v. Ashcroft (2003) US Court of Appeals 10th Circuit (+)

Perales v. Ashcroft, U.S. Court of Appeals 10th Circuit (2003). Legal Momentum, represented by National Immigration Project of the National Lawyers Guild, BIA, Arnold and Porter, submitted this 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.

[pdf] In The Matter of: Suyi Varquero-Cubias (April 5 2016) Board of Immigration Appeals) (+)

In The Matter of: Suyi Varquero-Cubias (April 5 2016) Board of Immigration Appeals. NIWAP, represented by Tahirih Justice Center and Center for Gender and Refugee Studies, participated filed this brief 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
Immigration Judge denied her asylum case based on the fact that she was not married to the abuser and that she had physically separated from her abuser. This amicus brief asked the Board of Immigration Appeals to clarify that divorce or a woman’s other attempts to separate are not dispositive of a woman’s
ability to leave the abusive relationship where she lacks the power to end the domestic relationship.
NIWAP provided social science research on separation violence and abusers power and control to
continue to perpetrate the post-separation coercive control, abuse and sexual violence supporting the victim’s
claim for gender based asylum.

[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] S.E.R.L v. U.S. Federal Court of Appeals 3rd Circuit (September 25 2017) (+)

Amicus Brief in S.E.R.L v. U.S. NIWAP filed an amicus curiae brief on behalf of a Honduran woman who had helped her daughter escape from a domestic violence perpetrator who had trafficked the daughter to Mexico. The brief discussed the extent to which those who intervene to protect their family from perpetrators of domestic violence are at risk of violent retaliation by the perpetrator, up to and including death. She fled Honduras seeking asylum in the U.S. out of fear of more retaliation. This amicus was filed in the 3rd Circuit Federal Court of Appeals in a case in which S.E.R.L is seeking gender based asylum as a Honduran woman who intervened in a domestic violence relationship who are left completely vulnerable to violent retaliation. Crowell and Moring (September 25, 2017)

[pdf] Rosa Marisol Avelar Oliva Board of Immigration Appeals (February 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 rape and sexual abuse can significantly impact witness’s demeanor and ability to testify and report the abuse. The brief addressed how childhood trauma impairs brain development in key regions responsible for memory, reasoning, and planning. The amicus was filed in the Board of Immigration Appeals in a case in which Rosa Marisol is seeking gender-based asylum and withholding of removal. Crowell and Moring (February 16, 2018)

[pdf] Gabriel Perez Cruz v. Barr, U.S. Court of Appeals 9th Circuit (July 2 2020) (+)

Gabriel Perez Cruz v. Barr (2020) U.S. Court of Appeals 9th Circuit. 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 relationships and perpetrators who coerce their victims into committing crimes, and the need for courts to consider these factors when adjudicating a domestic violence victim’s withholding of removal claims and particularly whether they crime they committed was a “particularly serious crime.” (July 2 2020).

[pdf] Chrismy Sagaille v. Christina Carrega, Supreme Court of New York (August 10 2020) (+)

Chrismy Sagaille v. Christina Carrega (2020) Supreme Court of New York, Appellate Division. NIWAP assisted the National Women’s Law Center providing expertise on immigrant survivors’ experiences with sexual assault and signed on to an amicus brief filed in the Supreme Court of New York, Appellate Division. This amicus was filed on behalf of a number of women’s groups protecting sexual assault survivors from retaliatory defamation suits by their named assailants. (August 10, 2020).

[pdf] United States v. State of Arizona and Janice K. Brewer Governor, (September 30 2010) United States Court of Appeals for the 9th Circuit (+)

United States v. State of Arizona and Janice K. Brewer Governor, United States Court of Appeals for the 9trh Circuit. (2010) 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 of domestic violence, sexual assault, human trafficking and other crimes. It undermines federal laws guaranteeing that all persons in the United States have access to programs and services necessary to protect life and safety and public health and will be extremely harmful to immigrant families from family separations forced by local law enforcement mandates to enforce federal immigration laws. This amicus brief was joined by 90 organizations working to help immigrant women and immigrant victims of violence against women. (Manatt, Phelps, and Phillips, Pro Bono)

[pdf] In the Matter of RA (February 13 2004) (+)

In the Matter of RA (February 13 2004) Board of Immigration Appeals. Domestic violence as a basis for Gender Based Asylum. Filed Briefs and coordinated amici for amicus briefs filed before the Board of Immigration Appeals (1999) and the U.S. Court of Appeals for the 9th Circuit (1999). Provided editing and amici sign on assistance to Amicus brief filed with Attorney General Ashcroft (2004).

[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] Nelsa Rosa Hernandez Cabrera; A.J.E.H. v. U.S. US Court of Appeals Fourth Circuit (February 14 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 a case that Hernandez Cabrera is seeking to overturn a decision by the Board of Immigration Appeals that denied her request seeking asylum. Winston & Strawn LLP. (February 22, 2019)

[pdf] S.K.E.R v. Barr (April 8 2019) Court of Appeals 5th Circuit (+)

S.K.E.R. v. William P. Barr. NIWAP filed an amicus curiae brief on behalf of a Honduran woman who was a victim of domestic violence. The brief discusses the complexity of domestic violence and how the victim was unable to physically remove herself from her abuser due to fear of his retaliation. This amicus was filed in the 5th Circuit Federal Court of Appeals. Winston and Strawn LLP (April 8, 2019).

[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] UN Summit DV Covid Materials List 11.18.20 (+)

This materials list corresponds to the United Nations Working Group on COVID-19 training on November 19, 2020. It includes materials related to COVID-19 relief eligibility for immigrant victims of domestic violence, child abuse, sexual assault, stalking, and human trafficking.

[pdf] United Nations International Virtual Summit Presentation (+)

This presentation provides a 7 minute overview of the dynamics immigrant victims of domestic violence, child abuse, sexual assault, stalking, and human trafficking are encountering during the COVID-19 pandemic. It includes information on immigrant victims of crime’s eligibility for relief under COVID-19 legislation.

[pdf] COP Making it Work Remotely Presentation 9.22.2020 (+)

This presentation reviews the pandemic effect on family law practitioners and includes a strategies for working remotely and connecting with immigrant clients safely and effectively. This Community of Practice featured an attorney as well as judicial perspective during the discussion.

[pdf] Rueda de poder y control inmigrante con descripción en inglés (Wheel of Power and Control with English Description) (+)

La Rueda de Poder y Control explica formas en las que la mujer experimenta el abuso doméstico. La explicación de la rueda y las tácticas de control usando contra mujeres inmigrantes son en inglés. The Wheel of Power and Control (in Spanish) explains forms of domestic violence women experience. This document explains (in English) the […]

[pdf] Vulnerable But Not Broken: Psychosocial Challenges and Resilience Pathways Among Unaccompanied Children From Central America (2018) (+)

Publication from the Immigration Psychology Working Group. Paris, M., Antuña, C., Baily, C. D. R., Hass, G. A., Muñiz de la Peña, C., Silva, M. A., & Srinivas, T. (2018).
Vulnerable but not broken: Psychosocial challenges and resilience pathways among unaccompanied children from
Central America. New Haven, CT: Immigration Psychology Working Group.

[pdf] Safety Planning With Survivors of Non-Intimate Partner Sexual Assault: Ten (10) Tips for Advocates and Lawyers (+)

The goal of safety planning is to help a survivor remain safe from the perpetrator and prevent future harm. Safety planning may also reduce sexual assault survivors’ overall fear and help restore their sense of autonomy and control; this can both empower victims and aid their healing. Safety planning with victims of non-intimate partner sexual assault is different than safety planning with victims of domestic violence in a variety of ways. For example, the majority of jurisdictions do not yet have civil protection orders for victims of non-intimate partner sexual assault. The survivor may not know the perpetrator’s name or address, or may know this but nothing more.

[pdf] Safety Planning with Adult Sexual Assault Survivors: A Guide for Advocates and Attorneys (+)

Whether it is a single incident or an ongoing pattern of abuse, sexual assault can undermine a victim’s physical and emotional safety. This guide is designed to help advocates and attorneys work with survivors of non-intimate partner sexual assault to identify potential threats and create a safety plan tailored to the individual’s needs and concerns. An effective safety plan empowers the victim to reclaim a sense of safety and security by addressing immediate safety needs and outlining strategies to help reduce future incidents of harm. Unfortunately, constructing and implementing a safety plan cannot ensure that an individual will not face violence again; its goal is to help survivors be as safe as possible given their current life circumstances.