Topic: Asylum - NIWAP Web Library

[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.

Published November 28 2023 by * NIWAP, Office on Violence Against Women

Topics: Adoption, Asylum, Battered Spouse Waiver, Best Practices and Collaborations, Board of Immigration Appeals and Immigration Judges, Child Abuse/Incest, Demographics, Domestic Violence, Dynamics of Sexual Assault, Dynamics of Stalking, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Family Law, Gender-Based Persecution, Harassment, Immigration, Language Access, Law Enforcement, Legal Services, Migration, Acculturation, Integration Immigrant Women, Physical Health, Screening, Checklists, and Comparison of Immigration Relief, Special Immigrant Juvenile Status (SIJS), State Immigration Legislation, T Visa & Human Trafficking, Trafficking Victims Protection Act, Trauma-Informed Assistance, U Visa and Immigrant Crime Victims, VAWA Confidentiality

[pdf] Vallabhaneni (September 27 2001) Board of Immigration Appeals (+)

NOW Legal Defense Fund and others filed this amicus in support of the appeal by Aruna C. Vallabhaneni
of the decision of the Immigration Judge denying her application for political asylum despite an
undisputed record of years of severe domestic violence and her inability to obtain protection
from the government of India. The record before the judge established that Ms. Vallabhaneni
was persecuted in the past and that she has a well-founded fear that she will continue to be
persecuted in the future by her husband if she is forced to return to India, that the persecution she
experienced and which she fears was inflicted because of her membership in a particular social
group defined in whole or in part by her gender, and that she is not able to obtain protection from
her government. The Immigration Judge’s decision should be reversed and Ms. Vallabhaneni’s
application for asylum should be granted.

Published November 2, 2023

Topics: Amicus Briefs, Asylum, Domestic Violence, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Gender-Based Persecution, Immigration

[pdf] Rosario v. Holder (May 10 2010) US Court of Appeals 2nd Circuit (+)

Rosario v. Holder (May 10 2010) US Court of Appeals 2nd Circuit. National Network to End Violence Against Immigrant Women respectfully moves pursuant to Federal Rule of Appellate Procedure for 29 for leave to file an amicus brief in support of Appellant Josefa Rosario. Client placed in removal proceedings, concedes removability and applies for VAWA Cancellation of Removal. IJ denies cancellation based on finding that there is not substantial evidence of battery to the extent envisioned by the statute and not substantial evidence of extreme hardship. BIA affirms IJ. The decision was wrong because the IJ ignored an analysis of extreme cruelty completely and even though Ms. Rosario and her witness were found to be credible – focused on the lack of police reports and medical records – thereby holding her to a standard higher than the any credible evidence standard. Battery and extreme cruelty are non-discretionary determinations that can be reviewed by that court. Ms. Rosario has now filed brief with 2nd Circuit.

Published November 1, 2023

Topics: Amicus Briefs, Any Credible Evidence, Directory, Newsletters, Webinars, Domestic Violence, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Family Law, Gender-Based Persecution, Immigration, Migration, Acculturation, Integration Immigrant Women, VAWA Cancellation & Suspension

[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.

Published October 11, 2023

Topics: Amicus Briefs, Asylum, Board of Immigration Appeals and Immigration Judges, Domestic Violence, Dynamics of Sexual Assault, Dynamics of Stalking, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Gender-Based Persecution, Immigration, Migration, Acculturation, Integration Immigrant Women, Trauma-Informed Assistance

[pdf] Vigil v. Lynch (February 29 2016) US Court of Appeals 5th Circuit (+)

Maria Esterlina Perez Vigil v. U.S. (February 29 2016) 5 th Circuit Court of Appeals. NIWAP, and various Immmigration Law Professors from Texas, filed an
amicus curiae brief on behalf of Maria Esterlina Perez Vigil a victim of domestic violence, who had
denied her request for asylum because she was able to move out the residence that she shared with the
abuser. The brief discussed the dynamics of abusive relationships and explained that physical separation
from an abuser rarely means that an abused woman has successfully left the relationship or marriage and
stopped the cycle of violence. Indeed, the abuser’s control of the victim can often continue well after the
victim moves out, particularly where children are involved. This amicus was filed in the 5th Circuit
Federal Court of Appeals in a case in which Perez Vigil is seeking to overturn the Immigration Judge and
the Board of Immigration`s ruling that denied her request seeking asylum, withholding of removal, and
protection under the CAT.

Topics: Abuse, Neglect,, Child Welfare & Parental Rights, Amicus Briefs, Asylum, Domestic Violence, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Family Law, Gender-Based Persecution, Immigration, Migration, Acculturation, Integration Immigrant Women

[pdf] Rosen v. Ming Dai and Rosen v. Alcaraz (January 11 2021) Supreme Court of the United States (+)

Rosen v. Ming Dai and Rosen v. Alcaraz (January 11 2021) Supreme Court of the United States. NIWAP assisted Jenner &
Block LLP in developing and securing social science support in a brief filed to the Supreme Court of the
United States on the question of credible testimony. The brief explained the impact of trauma on memory
and ability to testify, other mental health conditions’ impact on memory and credibility, and credibility
compared to truth.

Topics: Amicus Briefs, Asylum, Best Practices and Collaborations, Dynamics, Culture, & Safety, Immigration, Mental Health, Research, Research Data, Stories, Trauma-Informed, Trauma-Informed Assistance

[pdf] Traore v. Mukasey US Court of Appeals Fourth Circuit (April 15 2008) (+)

Amicus brief compiled by International Women’s Human Rights Law Clinic and Legal Momentum among others which seeks to reverse BIA denial of gender-based asylum for appellant Alima Traore. The case argues that Traore has established eligibility for asylum, withholding of removal, and protection under the Convention Against Torture because she has endured past persecution in the form of female genital mutilation (“FGM”), has a well-founded fear of future persecution, and likely faces torture and a threat to life or freedom because she is a female member of the Bambara tribe in Mali.

Published September 27, 2023

Topics: Amicus Briefs, Asylum, Board of Immigration Appeals and Immigration Judges, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Female Genital Mutilation, Gender-Based Asylum, Gender-Based Persecution, Immigration, Migration, Acculturation, Integration Immigrant Women, Physical Health, Statutes

[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)

Published September 25, 2023

Topics: Abuse, Neglect,, Child Welfare & Parental Rights, Amicus Briefs, Asylum, Board of Immigration Appeals and Immigration Judges, Child Abuse/Incest, Domestic Violence, Dynamics of Sexual Assault, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Family law, Family Law, Gender-Based Asylum, Immigration, Immigration, Research Data, Stories, Trafficking

[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)

Topics: Abuse, Neglect,, Child Welfare & Parental Rights, Amicus Briefs, Asylum, Board of Immigration Appeals and Immigration Judges, Child Abuse/Incest, Domestic Violence, Dynamics of Sexual Assault, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Family Law, Family law, Gender-Based Asylum, Immigration, Immigration, Mental Health, Physical Health, Research Data, Stories, T Visa & Human Trafficking, Trafficking, Trauma-Informed, Trauma-Informed Assistance

[pdf] W.M.V.C.; A.P.V. v. U.S 5th Circuit Federal Court of Appeals (February 28 2018) (+)

Amicus Brief in W.M.V.C.; A.P.V. v. U.S. NIWAP filed an amicus curiae brief on behalf of W.M.V.C. and her son A.P.V DV who suffered domestic violence and life-threats in a non-consensual relationship. The amicus brief discussed that the same power dynamics that precipitate domestic violence in heterosexual marital relationships apply and are present in same-sex and non-extramarital relationships. It also discussed the that the same factors that make a woman unable to leave an abusive opposite-sex relationship also make a woman unable to leave an abusive same-sex relationship, especially when the abuser is connected with law enforcement. This amicus was filed in the 5th Circuit Federal Court of Appeals in a case in which W.M.V.C. and A.P.V are seeking to overturn BIA’s decision that denied Petitioners’ applications for asylum, withholding of removal, and protection under the Convention Against Torture. Baker & McKenzie LLP (February 28, 2018)

Published September 21, 2023

Topics: Amicus Briefs, Asylum, Domestic Violence, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Immigration, LGBTQ+, Mental Health, Research Data

[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)

Topics: Abuse, Neglect,, Child Welfare & Parental Rights, Amicus Briefs, Asylum, Board of Immigration Appeals and Immigration Judges, Domestic Violence, Dynamics of Stalking, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Immigration, Research Data, Stories

[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)

Topics: Amicus Briefs, Domestic Violence, Dynamics of Sexual Assault, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Gender-Based Persecution, Healthcare, Immigration, Migration, Acculturation, Integration Immigrant Women, Public Benefits & Economic Stability, State Benefits

[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).

Published September 20, 2023

Topics: Amicus Briefs, Asylum, Board of Immigration Appeals and Immigration Judges, Domestic Violence, Dynamics of Sexual Assault, Dynamics of Stalking, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Gender-Based Asylum, Gender-Based Persecution, Immigration, Research Data, Stories

[pdf] Yessica Alvarado Euceda vs. Loretta Lynch US Court of Appeals 5th Circuit (February 25 2016) (+)

Yessica Alvarado Euceda vs. Loretta Lynch. NIWAP Inc. served as the lead amicus in an appeal of a denial of gender based asylum to the 5th Circuit Court of Appeals in the case of a Honduran battered immigrant who unsuccessfully attempted to end her relationship with her abusive boyfriend who was the father of her two children. The immigration judge and a single Board of Immigration Appeals judge denied gender based asylum to a battered mother who fled Honduras when she could find no protection from being subjected to ongoing abuse from the father of her children. The law firm of Winston and Strawn represented NIWAP in the amicus brief. (February 26, 2016)

Topics: Amicus Briefs, Asylum, Domestic Violence, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Gender-Based Asylum

[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)

Topics: Amicus Briefs, Asylum, Board of Immigration Appeals and Immigration Judges, Child Abuse/Incest, Domestic Violence, Dynamics of Sexual Assault, Dynamics of Violence Against Immigrant Women and Children, Legislative History, Research Data, VAWA 1994 - Legislative History, VAWA 2000- Legislative History, VAWA 2005 - Legislative History, VAWA 2013 Legislative History

[pdf] Maria Luisa Rodriguez Tornes v. William P. Barr US. Court of Appeals 9th Circuit (October 18 2019) (+)

Maria Luisa Rodriguez Tornes vs. William P. Barr (2019) US. Court of Appeals 9th Circuit. NIWAP led an amicus brief with DLA Piper for a case filed in the 9th Circuit discussing how domestic violence victims are able to receive gender-based asylum because they domestic violence they experience is based on their social group membership. NIWAP’s brief documented the cultural, religious and social conditions that domestic violence victims suffer that serves as a valid basis for domestic violence related gender based asylum. This brief provided the social science support for a Tahirih Justice Center case challenging the Attorney General Sessions Justice Department position on domestic violence related gender based asylum cases. (October 19, 2019)

Topics: Amicus Briefs, Asylum, Board of Immigration Appeals and Immigration Judges, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Gender-Based Asylum, Immigration, Research Data, VAWA 1994 - Legislative History

[pdf] Pierre Salame Ajami v. Veronica Tescari Solano, 6th Circuit Court of Appeals (April 19 2022) (+)

“Pierre Salame Ajami v. Veronica Tescari Solano” (6 th Circuit Court of Appeals) NIWAP filed an Amicus Brief in
a 6 th Circuit Court of Appeals case in which a Venezuelan mother who had been granted asylum in the United
States as a victim of domestic violence was ordered by the District Court in a Hague Convention case to return her
children who had also been granted asylum in the U.S. to their father in Venezuela. This appeal highlighted the
error of law that the District Court made in failing to consider the fact that the mother and children had been
deemed credible by DHS and granted asylum. The brief provided social science data demonstrated how the District
Court had also failed to consider the impact of trauma on testimony of domestic violence victims. NIWAP was
represented by DLA Piper and Crowell and Moring represented the victim mother in this case. (April 19, 2022)

Published September 18, 2023 by * NIWAP

Topics: Abuse, Neglect,, Child Welfare & Parental Rights, Asylum, Dynamics of Violence Against Immigrant Women and Children, Hague and Parental Kidnapping, Trauma-Informed Assistance

[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)

Topics: Amicus Briefs, Asylum, Dynamics of Stalking, Dynamics of Violence Against Immigrant Women and Children

[pdf] Agriprocessors Postville, Iowa, (December 8 2008) Court of Appeals Eighth Circuit (+)

Amicus brief filed for the reversal of the decision by the Court of Appeals from the Eighth Circuit in the case of the Immigration and Customs Enforcement (ICE)’s workplace raid at the Agriprocessors meatpacking plant in Postville, Iowa. ICE demonstrated the practical effects of failing to require knowledge of the defining element of 18 US.C. § 1028A—whether the identification at issue is “of another person.” In Postville, the crime of aggravated identity theft, which carries a two-year mandatory sentence enhancement, was stretched to reach immigrant workers with low levels of culpability. The Eighth Circuit’s reading produced arbitrary results. These arbitrary results were not necessary, as Congress’s false document scheme provides for independent and flexible punishment when immigrants knowingly use false documents. By extending the charge of aggravated identity theft beyond its intended bounds, the Eighth Circuit’s reading of 18 U.S.C. § 1028A contravened the bedrock criminal law principle that punishment should be calibrated to culpability. This brief argues that the Court should therefore limit its interpretation of the knowledge requirement in 18 U.S.C. § 1028A to reinforce the link between culpability and punishment and avoid undermining Congress’s immigration law.

Topics: Amicus Briefs, Asylum, Board of Immigration Appeals and Immigration Judges, Dynamics of Violence Against Immigrant Women and Children, Employment, Migration, Acculturation, Integration Immigrant Women, Social Security Numbers, U Visa and Immigrant Crime Victims

[pdf] USCIS Opens the Humanitarian, Adjustment, Removing Conditions and Travel Documents (HART) Service Center (March 30, 2023) (+)

U.S. Citizenship and Immigration Services (USCIS) is announcing the opening of the Humanitarian, Adjustment, Removing Conditions, and Travel Documents (HART) Service Center, the sixth service center within its Service Center Operations (SCOPS) directorate, and the first to focus on humanitarian and other workload cases. The cases HART opened with adjudicating are: VAWA self-petitions (I-360), U visa bona fide determinations (I-918), Relative Petition for Asylees and Refugees (I-730) and Applications for waivers of reentry bars for immigrant spouses of U.S. citizens and lawful permanent residents.

Published March 30, 2023 by Citizenship and Immigration Services

Topics: Asylum, U Visa and Immigrant Crime Victims, VAWA Self-Petition

[pdf] USCIS Naturalization For Lawful Permanent Residents Who Had Asylee or Refugee Status (September 21, 2022) (+)

Fact Sheet developed by USCIS describing the benefits and process for immigrants who were granted asylum or refugee status and were obtained lawful permanent residency as asylees or refugees.

Published September 21, 2022 by Citizenship and Immigration Services

Topics: Asylum, Lawful Permanent Residency and Naturalization

[pdf] Bench Card: Overview of Types of Immigration Status (April 21, 2022) (+)

This bench card is designed to provide quick access for state criminal, family, and juvenile court judges to help them identify the various types of status that immigrants in the state court might have. It is aimed at assisting judges in recognizing non-citizen parties before them who might need the advice of immigration counsel or other sources of assistance as to how their immigration status might affect or be affected by actions in their state court case. In addition, it is aimed at assisting state court judges in recognizing how their actions might jeopardize a non-citizen’s immigration status.
This bench card is not meant to be an in-depth treatise on immigration law or intended to provide definitive answers regarding immigration rights. Judges using the bench card should be aware that immigration law and the DHS policies that implement U.S. immigration laws are continuously changing.

Published April 21, 2022 by * NIWAP

Topics: Asylum, Battered Spouse Waiver, Board of Immigration Appeals and Immigration Judges, DACA, Immigration, Judges, T Visa & Human Trafficking, U Visa and Immigrant Crime Victims, VAWA Cancellation & Suspension, VAWA Self-Petition, Visa Holder Abused Spouses

Part of: Training Manual for Courts

[pdf] Know Your Rights Seminar for Afghan Women in the US (PowerPoint Presentation) (+)

Published March 29, 2022 by * NIWAP, Tahirih Justice Center

Topics: Asylum, Immigration, Multilingual Materials by Language

[pdf] Family Violence and U.S. Immigration Law; New Development (March 2001) (+)

This article discusses a brief history of VAWAs immigration protections, the battered spouse waiver and the U visa. It contains detailed list of suggested evidence and practice pointers that are continuingly useful.

Published March 2001 by Interpreter Releases

Topics: Asylum, Battered Spouse Waiver, U Visa and Immigrant Crime Victims, VAWA Self-Petition

[pdf] Rodriguez Tornes v. Garland, 9th Circuit – Domestic Violence Gender Based Asylum Opinion (April 5, 2021) (+)

In this opinion the 9th Circuit Federal Court of Appeals ruled that Rodrigues Tornes is eligible for gender based asylum because her domestic abusers (both her former husband and later another former intimate partner) persecuted her for her feminist opinions and views on her rights as a woman. In this case issued after both “Matter of A-B- I” and “Matter of A-B- II the 9th Circuit federal court of appeals ruled that a woman who was persecuted by domestic abusers because of a feminist political opinion is eligible for asylum in the United States. Importantly to win asylum the applicant Maria Luisa Rodriguez Tornes didn’t have to show that her feminist opinions played the sole or predominant role in her domestic abuse. Instead, she only had to show that her political opinion was “one central reason” in the abuse. In a concurrence Judge Richard Paez criticized the Board of Immigration Appeals for ignoring evidence that Rodriguez was targeted on account of her feminist political opinion. The concurring opinion also found that “the Board also ignored extensive record evidence from a leading authority on domestic violence that directly rejected the Board’s premise that domestic violence is presumed to be motivated by nothing more than the private dynamics of a “personal relationship.”” NIWAP submitted an Amicus Brief in the case, https://niwaplibrary.wcl.american.edu/pubs/rodriguez-tornes-gb-asylum-domestic-violence that was quoted in the concurring opinion by the 9th Circuit. NIWAP was represented by DLA Piper who wrote the amicus brief on NIWAP’s behalf.

Published May 12, 2021 by 9th Circuit Federal Court of Appeals

Topics: Asylum

[pdf] DHS Proteccions Para Las Víctimas Inmigrantes (Protections for Immigrant Victims)(Marzo 1, 2017) (+)

El Departamento de Seguridad Nacional ha producido una infografía que provee un resumen de protecciones legales para víctimas de crimen quien son adultos y niños. Esta infografía provee protección sobre inmigración para víctimas que sufren abuso en los estados unidos y/o en el extranjero. Las formas de alivio son: VAWA auto petición, Visa U, Visa T, Presencia Continua, Estado Especial de Inmigrante Juvenil (SIJS) y Asilo. Esta infografía tiene enlaces al sitio de web de DHS con materiales de entrenamiento e información sobre estos programas, formas de aplicaciones e instrucciones producido por el gobierno.

Published March 1, 2017 by Dept. of Homeland Security

Topics: Asylum, Special Immigrant Juvenile Status (SIJS), T Visa & Human Trafficking, U Visa and Immigrant Crime Victims, VAWA Cancellation & Suspension, VAWA Self-Petition, VAWA T-U Policies

Part of: Training Manual for Courts, Training Manual for Law Enforcement and Prosecutors

View other materials in Spanish

[pdf] June 2018 Newsletter (+)

This issue will cover:
– An update on asylum seekers who are fleeing domestic and gender based violence in their home
countries
– Current family separations in the U.S.

Published June 19, 2018 by * NIWAP

Topics: Asylum, Enforcement and Detention, Immigration

[pdf] September 2018 Newsletter (+)

This issue includes:
– Upcoming Webinars
– Take the UNHCR and Center on Migration Studies 10-minute survey on the stateless population in the United States
– View NIWAP’s Memo on how the 2018 Gender-based Asylum policies do not affect survivors’ access to VAWA immigration remedies
– New Practices Advisory on Special Immigrant Juvenile Status Applications Published
– View the report: Vulnerable But Not Broken: Psychosocial Challenges and Resilience Pathways among Unaccompanied Children from Central America
– The Center on Immigration and Child Welfare issued important publications describing the impact that parental detention has on children in immigrant families
– Save the date: NIWAP will hold a national training for OVW grantees and potential grantees in August of 2019

Published September 17, 2018 by * NIWAP

Topics: Asylum, Immigration, Newsletters

[pdf] February 2018 Newsletter (+)

In this issue: – New ICE policies on courthouse enforcement and VAWA Confidentiality – Call to sign Amicus Curiae brief to the board of immigration appeals on behalf of gender based asylum applicant

Published February 2018 by * NIWAP

Topics: Asylum, Immigration

[pdf] VAWA Protections for Immigrant Survivors and the 2018 Domestic Violence Asylum Policies (November 19, 2018) (+)

Published November 19, 2018 by * NIWAP

Topics: Asylum, Special Immigrant Juvenile Status (SIJS), T Visa & Human Trafficking, U Visa and Immigrant Crime Victims, VAWA Self-Petition

*Gender-based Asylum 2018 policies have no effect on VAWA protections for Immigrant Domestic Violence Victims

Violence Against Women Act protections for immigrant survivors of domestic violence continue in full force and effect and are NOT affected by the 2018 domestic violence asylum policies issued by the U.S. Department of Justice. On June 11, 2018, the Attorney General issued a new precedential decision, in Matter of A-B-, 27 I&N Dec. […]

Published August 31, 2018

Topics: T Visa & Human Trafficking, Asylum, Immigration, U Visa and Immigrant Crime Victims, VAWA Self-Petition, Visa Holder Abused Spouses, Work Authorization

[pdf] DHS Infographic – Thai (+)

Published July 17, 2018

Topics: Asylum, Multilingual Materials by Language, Special Immigrant Juvenile Status (SIJS), T Visa & Human Trafficking, U Visa and Immigrant Crime Victims, VAWA Cancellation & Suspension, VAWA Self-Petition, VAWA T-U Policies

[pdf] DHS Protections for Immigrant Victims – Russian (+)

СРЕДСТВА ЗАЩИТЫ ДЛЯ ИММИГРАНТОВ – ЖЕРТВ ПРЕСТУПЛЕНИЙ

Published 2017/10/23

Topics: Asylum, Multilingual Materials by Language, Multilingual Materials by Title, Russian, Special Immigrant Juvenile Status (SIJS), T Visa & Human Trafficking, U Visa and Immigrant Crime Victims, VAWA Cancellation & Suspension, VAWA Self-Petition, VAWA T-U Policies

[pdf] DHS Protections for Immigrant Victims – Chinese (+)

DHS Protections for Immigrant Victims – Chinese 对遭受犯罪行为侵害的移民的保护

Published October 6, 2017 by Dept. of Homeland Security

Topics: Asylum, Chinese, Special Immigrant Juvenile Status (SIJS), T Visa & Human Trafficking, U Visa and Immigrant Crime Victims, VAWA Cancellation & Suspension, VAWA Self-Petition, VAWA T-U Policies

Part of: Training Manual for Courts, Training Manual for Law Enforcement and Prosecutors

View other materials in Chinese

[pdf] DHS PROTEÇÕES PARA VÍTIMAS IMIGRANTES – (Protections for Immigrant Victims) [pdf] (+)

O Departamento de Segurança Interna produziu uma infográfico que fornece um resumo das proteções legais para vítimas de crimes que são adultos e crianças. Este infográfico fornece proteção de imigração para vítimas de abuso nos Estados Unidos e / ou no exterior. As formas de alívio são: VAWA, visto U, visto T, presença contínua, status […]

by Dept. of Homeland Security

Topics: Asylum, Multilingual Materials by Language, Portuguese, Special Immigrant Juvenile Status (SIJS), T Visa & Human Trafficking, U Visa and Immigrant Crime Victims, VAWA Cancellation & Suspension, VAWA Self-Petition, VAWA T-U Policies

Part of: Training Manual for Courts, Training Manual for Law Enforcement and Prosecutors

View other materials in Portuguese

[pdf] Board of Immigration Appeals Decision on Regarding Children, Brain Development and Trauma (May 22, 2017) (+)

Board of Immigration Appeals decided that young-adults, under extraordinary circumstances, may file for asylum after the 1-one-year period passes. (June 6, 2017)

Published May 22, 2017 by Board of Immigration Appeals

Topics: Asylum, Research

[pdf] Report of the ICE Advisory Committee on Family Residential Centers: RECOMMENDATIONS ONLY (+)

The list of recommendations determined by the Advisory Committee on Family Residential Centers making recommendations on Immigration and Customs Enforcement’s Family Residential Detention Centers

Published October 7, 2016 by Advisory Committee on Family Residential Centers

Topics: Asylum, Enforcement and Detention, Immigration

[pdf] Report of the ICE Advisory Committee on Family Residential Centers (October 7, 2016) (+)

Full Report and recommendations of the Advisory Committee on Family Residential Centers making recommendations on Immigration and Customs Enforcement’s Family Residential Detention Centers

Published October 7, 2016 by Advisory Committee on Family Residential Centers

Topics: Asylum, Enforcement and Detention, Immigration

[pdf] BIA Amicus Brief on Recent Research Concerning the Neurobiological, Cognitive, and Psychological Development of Children and Adolescents (July 11, 2016) (+)

This Amicus brief was submitted to the Board of Immigration Appeals and addresses an important issue presented by Amicus Invitation No. I 6-06-09, focusing on how the term “minor” should be defined and understood by the Board in child asylum cases in light of the substantial body of recent research concerning the neurobiological, cognitive, and psychological development of children and adolescents. This brief will focus on the significant and deleterious effect trauma and
maltreatment have on that development, including the impact of impaired development on the readiness of child migrants to file asylum applications.

Published July 11, 2016 by * NIWAP, Crowell and Moring

Topics: Asylum, Custody, Dynamics of Violence Against Immigrant Women and Children, Family Law, Immigrant Children: SIJS and DACA, Protection Orders, Research Data, Special Immigrant Juvenile Status (SIJS)

*Department of Homeland Security’s Interactive Infographic on Protections for Immigrant Victims

The Department of Homeland Security (DHS) released an infographic detailing the protections afforded to immigrant victims. This interactive infographic describes qualifications and benefits for each form of immigration relief designed to help immigrant victims. When you click on each form of relief, a link takes you to a DHS webpage with further information, brochures […]

Published February 2, 2017

Topics: Asylum, Policy Tools and Fact Sheets, Special Immigrant Juvenile Status (SIJS), T Visa & Human Trafficking, U Visa and Immigrant Crime Victims, VAWA Self-Petition

[pdf] I-730 Instructions (+)

The Department of Homeland Security released instructions to assist petitioners in filing I-730.

by Dept. of Homeland Security

Topics: Asylum

[pdf] Form I-730 (+)

Form I-730 must be filed by petitioners seeking immigration relief for refugee or asylee relatives. This form expires on April 30, 2017, however, it remains current until an updated form is released.

by Dept. of Homeland Security

Topics: Asylum

[pdf] I-589 Instructions (+)

The Department of Homeland Security published instructions to assist asylum seekers in filing Form I-589.

by Dept. of Homeland Security

Topics: Asylum

[pdf] Form I-589 (+)

Form I-589 must be filed by petitioners seeking asylum. This form expired on December 31, 2016, however, it remains current until an updated version is issued.

by Dept. of Homeland Security

Topics: Asylum

[pdf] Slides from “Advocates’ Introduction to Gender-Based Asylum for Survivors of Domestic Violence and Sexual Assault” (+)

These slides will be presented during the webinar entitled “Advocates’ Introduction to Gender-Based Asylum for Survivors of Domestic Violence and Sexual Assault” presented by the National Immigrant Women’s Advocacy Project (NIWAP) in partnership with Tahirih Justice Center, American Gateways and California Coalition Against Sexual Assault (CALCASA) on May 6, 2016. For additional materials relevant to this training, please visit www.niwap.org/go/GBAasylum.

Published May 4, 2016 by * NIWAP, Tahirih Justice Center

Topics: Asylum, Immigration

*Empowering Survivors Table of Contents

This is a comprehensive manual that provides information that will be useful to advocates, attorneys, justice, and social services professionals working with and assisting immigrant survivors of sexual assault. This manual will help advocates and professionals expand their knowledge and capacity to aid immigrant victims of sexual assault in accessing justice under federal and state civil, […]

Published November 22, 2015

Topics: Criminal Justice, Asylum, Benefits Available to All Immigrants, Benefits by Immigration Status, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Employment, Family Law, Healthcare, Housing, Immigration, Language Access, Protection Orders, Public Benefits & Economic Stability, Student Visas, T Visa & Human Trafficking, U Visa and Immigrant Crime Victims, VAWA Cancellation & Suspension, VAWA Confidentiality, VAWA Self-Petition

Part of: Empowering Survivors

*Breaking Barriers Table of Contents

Breaking Barriers is a comprehensive manual that provides information that will be useful to advocates, attorneys, justice, and social services professionals working with and assisting immigrant survivors of domestic and family violence. This Manual provides a detailed overview explanation of immigrant survivors’ legal rights under immigration, family, public benefits, and criminal laws and their rights to […]

Topics: Criminal Justice, Asylum, Battered Spouse Waiver, Benefits Available to All Immigrants, Benefits Limited to Qualified Immigrants, Best Practices and Collaborations, Custody, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Economic Relief, Family Law, Immigration, Interviewing & Safety Planning, Protection Orders, Public Benefits & Economic Stability, U Visa and Immigrant Crime Victims, VAWA Cancellation & Suspension, VAWA Confidentiality, VAWA Self-Petition

Part of: Breaking Barriers

[pdf] Chapter 12: Sexual Assault Survivors and Gender-Based Asylum (+)

Published September 17, 2014 by * NIWAP/Legal Momentum

Topics: Asylum, Immigration

Part of: Empowering Survivors

[pdf] Chapter 03.7: Domestic Violence and Sexual Assault Survivors and Gender-Based Asylum (+)

This chapter is designed to help advocates and attorneys not trained in immigration law identify when a survivor might be eligible for gender-based asylum and explain how to help a survivor develop the evidentiary record necessary to succeed in bringing a gender-based asylum claim. Survivors of domestic violence and sexual assault who fear returning to their home country may be able to obtain lawful status in the United States by applying for gender-based asylum. If an applicant is successful in her application for asylum, she will be authorized to live and work in this country; subsequently apply to become a lawful permanent resident; and eventually become a U.S. citizen.

Published July 1, 2014 by * NIWAP/Legal Momentum, Legal Momentum

Topics: Asylum

Part of: Breaking Barriers

[pdf] Somewhere to Turn (+)

A comprehensive manual covering topics such as: domestic violence and battered immigrant issues, cultural competency training, cross-cultural interviewing, recruiting and hiring multilingual and multicultural staff, shelter protocols, outreach and community collaboration, shelter access for battered immigrant women, VAWA immigration cases and victim advocacy confidentiality, creative use of protection orders, protections orders enforcement and criminal prosecution, access to public benefits, verification and reporting requirements under the U.S. Attorney General’s guidance and order, and model programs.

Published July 2011 by * NIWAP/Legal Momentum

Topics: Abuse, Neglect,, Child Welfare & Parental Rights, Any Credible Evidence, Asylum, Battered Spouse Waiver, Benefits Overview & Comparisons, Criminal Justice, Custody, Dynamics, Culture, & Safety, Employment, Family Law, Food Stamps, Hague and Parental Kidnapping, Healthcare, Housing, Interpretation & Translation, Interviewing & Safety Planning, Judges, Language Access, Law Enforcement, Lawful Permanent Residency and Naturalization, Multilingual Materials by Title, Protection Orders, Public Benefits & Economic Stability, Screening, Checklists, and Comparison of Immigration Relief, Social Security Numbers, State Benefits, State Immigration Legislation, State STOP FVPSA VOCA Administrators, TANF, VAWA Self-Petition, Work Authorization

Part of: Somewhere to Turn

[pdf] Human Rights and Domestic Violence: An Advocacy Manual (+)

This manual offers guidance on how relevant human rights treaties, instruments, jurisprudence, and other sources may be useful for domestic violence advocacy. Divided into seven chapters, it aims to serve as a quick reference for busy advocates.

Published February 2010 by Human Rights Clinic and Sexuality & Gender Law Clinic

Topics: Asylum

[pdf] USCIS Initiates Procedures for Unaccompanied Children Seeking Asylum (+)

Questions and answers regarding procedures for unaccompanied children seeking asylum.

Published March 25, 2009 by Citizenship and Immigration Services

Topics: Asylum

[pdf] USCIS Memorandum: Fact Sheet on Confidentiality (+)

This confidentiality fact sheet contains a synopsis of the regulations, the regulations in their entirety, and responses to some frequently asked questions, which cover a broad array of issues and scenarios.

Published June 15, 2005 by Citizenship and Immigration Services

Topics: Asylum

[pdf] The Child Status Protection Act- Children of Asylees and Refugees (+)

The purpose of this memorandum is to provide further guidance to CIS personnel concerning the effect of Section 4 and 5 of the CSPA on petitions for children following to join an asylee or refugee and for purposes of adjustment of status under Section 209 of the act.

Published August 17, 2004 by Citizenship and Immigration Services

Topics: Asylum, Children Status Protection Act

[pdf] The R-A- Rule (+)

Questions and answers on the rule from Matter of R-A- regarding gender-based asylum claims.

Published December 7, 2000 by Dept. of Justice

Topics: Asylum

[pdf] Federal Register: Proposed Asylum Regulations (+)

This rule proposes to amend the Immigration and Naturalization Service regulations that govern establishing asylum and withholding eligibility. This rule provides guidance on the definitions of “persecution” and “membership in a particular social group,” as well as what it means for a persecution to be “on account of” a protected characteristic in the definition of a refugee.

Published December 7, 2000 by Federal Register

Topics: Asylum

[pdf] Proposed Rule Issued for Gender-Based Asylum Claims (+)

A news release on the Attorney General and the Commissioner of the Immigration and Naturalization Service’s (INS) announcement regarding the publication of regulations that establish a broad analytical framework for the consideration of asylum claims based on membership in a particular social group. The proposed rule recognizes that victims of domestic violence may qualify for asylum under the Immigration and Nationality Act (INA).

Published December 7, 2000 by Dept. of Justice

Topics: Asylum

[pdf] Brief of Amici Curiae in Support of Request for Certification and Reversal of the Decision of the Board of Immigration Appeals in Re R-A-(Interim Decision No. 3403) (+)

A brief on gender-based asylum for domestic violence victims.

Published January 21, 2000 by Dept. of Justice

Topics: Asylum

[pdf] Considerations for Asylum Officers Adjudicating Asylum Claims from Women (+)

Memorandum written to provide the INS Asylum Officer Corps (AOC) with guidance and background on adjudicating cases of women having asylum claims based wholly or in part on their gender.

Published May 26, 1995 by Dept. of Justice, Immigration and Naturalization Service

Topics: Asylum, Immigration

[pdf] Case Summary: Matter of A-R-C-G, 26 I&N Dec. 388 (B.I.A. 2014) (+)

The Board of Immigration Appeals (BIA) on August 26, 2014 issued a precedent setting ruling that established the circumstances under which victims who suffer domestic violence in their home country will be eligible to received gender based asylum in the United States. This reading looks at a case where a battered spouse petitioned for asylum and withholding of removal in the United States after her husband repeatedly abused her in Guatemala.

Published 2014 by * NIWAP/Legal Momentum

Topics: Asylum

[pdf] Second Circuit Decision; Bah v. Mukasey, Diallo v. DHS (+)

This decision looks at the cases of Salimatou Bah v. Michael Mukasey, Attorney General, Mariama Diallo v. Department of Homeland Security, and Haby Diallo v. Department of Homeland Security (consolidated for disposition); regarding Female Genital Mutilation (FGM).

Published June 11, 2008 by U.S. Court of Appeals

Topics: Asylum

[pdf] DHS Supplemental Brief: Domestic Violence Claim (+)

Supplemental Brief from the DHS regarding asylum applicant filing for withholding of removal under Convention Against Torture (CAT) based on past harm and fear of future harm from domestic violence.

Published n.d. by Dept. of Homeland Security, Dept. of Justice

Topics: Asylum

[pdf] Department of Homeland Security’s Position on Respondent’s Eligibility for Relief: In Re Alvarado-Pena (+)

This case presents the issue of whether the applicant may qualify for asylum based on her fear of domestic violence. More specifically, this case raises the question whether the applicant’s fear of domestic violence may establish a well-founded fear of persecution on account of membership in a particular social group. The Department of Homeland Security (DHS) argues that, under some limited circumstances, a victim of domestic violence can establish eligibility for asylum on this basis, and that the applicant in this case has established such eligibility.

Published n.d. by Citizenship and Immigration Services, Dept. of Homeland Security, Dept. of Justice, Immigration and Customs Enforcement

Topics: Asylum

[pdf] Dreams Lost, Dreams Found: Undocumented Women in the Land of Opportunity (+)

This study was designed to identify problems and social service needs of undocumented Filipina, Latina, and Chinese women in the Bay Area. Undocumented women in the Bay Area are a growing and neglected population in need of services. This study examines the factors causing increased migration by women to the U.S., and how these factors influence women’s lives once they are here. Findings of this study reveal the economic hardship of undocumented women and their families and provide insight into immigrant women’s experiences with domestic violence. This survey was the precursor to the survey conducted in the early 1990s by Ayuda.

Published 1990 by Coalition for Immigrant and Refugee Rights and Services

Topics: Asylum, Childcare & Head Start, Demographics, Dynamics of Violence Against Immigrant Women and Children, Dynamics, Culture, & Safety, Employment, Healthcare, Housing, Immigration, Migration, Acculturation, Integration Immigrant Women, Public Benefits & Economic Stability, Research, Research Data