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.
Dynamics, Culture, & Safety > Dynamics of Stalking
Topic: Dynamics of Stalking
[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] Portland Law Enforcement & Prosecutors PowerPoint Presentation (October 4, 2023) (+)
[pdf] NIWAP PDX Faculty Bios (October 4, 2023) (+)
[pdf] Portland Law Enforcement & Prosecutors Training Materials List (October 4, 2023) (+)
[pdf] Portland Law Enforcement & Prosecutors Agenda (October 4, 2023) (+)
[pdf] Portland, OR Training Flyer (October 3-5, 2023) (+)
[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] NIWAP PDX Faculty Bios (October 5, 2023) (+)
[pdf] Portland Advocates & Attorneys PowerPoint Presentation (October 5, 2023) (+)
[pdf] Portland Advocates & Attorneys Agenda (October 5, 2023) (+)
[pdf] N.Y.C.C. v. Whitaker Seventh Circuit Federal Court of Appeals (November 26 2018) (+)
Amicus Brief in N.Y.C.C. v. Whitaker, NIWAP filed an Amicus Brief in N.Y.C.C. v. Whitaker in the Seventh Circuit Federal Court of Appeals. This brief explained that coercive control is one of the defining characteristics of domestic violence relationship as a result leaving a shared residence with an abuser does not bring an end to the abuse. Additionally, the brief discusses the particular dangers when the perpetrator engages in stalking his victim. Winston & Strawn LLP (November 26, 2018)
[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] 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] Ada Merary Rivas-Ramos v Merrick Garland Court of Appeals Eighth Circuit (June 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 and shared children.
Rivas-Ramos testified as to the sustained abuse she suffered throughout their relationship, including that the abuser
hit her in the face with a bottle, threatened her and their children’s lives, and order men whom he sent after her to
sexually assault her. The brief, examined the social science research around intimate partner violence that explains
physically leaving a residence shared with an abusive partner does not mean the survivor has successfully ended the relationship. This is particularly true where there are children in common, when there is economic abuse, and when the abuser was coercively controlling the victim. The Board’s denial of her asylum rested on the premise she would be able to leave the relationship again, which is inapposite to the research. The brief also explained many indicators present in both the case history and in peer-reviewed research that showed Rivas-Ramos was likely to face increased violence or even death should she be forced to return to Honduras. Many risk factors – including stalking,
which has the highest indication of an abuser killing their victim – were present in Rivas-Ramos’ case. (June 2,
2023)
[pdf] Stalking Behaviors Targeting Immigrant Victims (August 16, 2023) (+)
This resource was developed by SPARC working in collaboration with NIWAP to provide a check list of stalking behaviors that are often present in stalking cases involving immigrant stalking victims and survivors. Stalking of immigrant victims includes a wide range of threatening and disturbing behaviors that can be classified into four categories: Surveillance, Life invasion, Intimidation, and Interference through sabotage or attack (SLII). NIWAP’s time on this publication was supported by the State Justice Institute Grant No. SJI-22-T-037.
[pdf] Workshop 4B – PowerPoint Presentation (August 2023) (+)
[pdf] Workshop 2C – Materials List (August 2023) (+)
Workshop 2C – Materials List (August 2023)
[pdf] Plenary I – Materials List (August 2023) (+)
[pdf] Plenary I Investigating and Prosecuting Stalking Cases Involving Immigrant Victims- PowerPoint Presentation (August 2023) (+)
[pdf] NCJFCJ – How To Gather Tech Abuse Evidence (2023) (+)
Publication developed by the National Council of Juvenile and Family Court Judges, the National Network to End Domestic Violence and the Resource Center on Domestic Violence: Child Protection and Custody discussing how to gather technology abuse evidence to submit in a court case.
[pdf] SPARC: Stalking and Technology-Infographic (2023) (+)
SPARC (Stalking Prevention Awareness Resource Center) developed this infographic which presents data on how many offenders stalk both in-person and using technology in order to surveil, contact, intimidate, sabotage, isolate, and otherwise frighten their victims.