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)
Topic: Immigration
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[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 Re D.T. –O Maryland Court of Special Appeals (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 parent’s parental rights. This amicus brief argues that federal preemption precludes Maryland from imposing penalties against undocumented immigrant parents fin custody and termination of parental rights cases. This together with failures to provide language access in this case violated the immigrant mother’s due process rights (May 20, 2021).
[pdf] Nguyen v. INS, 2000 (June 16 2000) U.S. App. LEXIS 6860 5th Circuit (+)
Nguyen v. INS, 2000 U.S. App. LEXIS 6860 (5th Cir. June 16 2000) Filed an brief in support of a
Petition of Certiorari to the United States Supreme Court (2000) in an equal protection clause challenge to a federal immigration law that treats foreign born out-of-wedlock children of citizen mothers differently from similarly situated children of citizen fathers for purposes of obtaining citizenship. (Legal Momentum)
[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] Friendly House Et Al., V. Michael B. Whiting Et Al., United States District Court Arizona (June 11 2010) (+)
Friendly House Et Al., V. Michael B. Whiting Et Al., United States District Court Arizona, (2010) Recruited by the ACLU, MALDEF, The National Immigration Law Center and the Asian Pacific American Legal Center to organize a women’s perspective amicus in support of plaintiff’s motion for a preliminary injunction to stop implementation of key portions of Arizona’s anti-immigrant legislation SB 1070. Legal Momentum also assisted in identifying immigrant victim plaintiff’s for this lawsuit. 83 women’s, violence against women’s and allied organizations joined the brief which demonstrated how SB 1070 interferes with federal protections for immigrant crime victims; cuts immigrant women and their children off from federally provided services necessary to protect life, health and safety, and harms children by depriving them of the care and nurturing of their mothers through detention leading to family separations. The Mexican Consulate translated this brief and is distributing it in Spanish. (Manatt, Phelps, and Phillips, Pro Bono)
[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] European Connections & Tours, Inc. v. Gonzales (April 24 2006) (+)
European Connections & Tours, Inc. v. Gonzales, (2006) Developed amicus brief and assisted the U.S. Attorney General in a motion to dismiss a 1st Amendment challenge to the collection of data on male clients for prospective brides and 5th Amendment Equal Protection challenge to regulation of for-profit or majority for-profit but not cultural or religious International Marriage Brokers. (Crowell and Moring, 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] 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)
[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] 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)
[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)
[pdf] Trafficking: Resources for Advocates Addressing Domestic and Sexual Violence (March 2018) (+)
This publication by the Asian Pacific Institute on Gender-Based Violence provides information and guidelines about obtaining legal relief, social services and/or benefits for trafficking victims also experiencing domestic and/or sexual violence.
[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] Rivas et al., Amicus Supreme Court of California (March 21 2022) (+)
“Guardianship of S.H.R. v. Jesus Rivas” (Supreme Court of California). NIWAP filed an amicus brief in the
Supreme Court of California in a case in which the Court of Appeals wrongly denied an SIJS eligible child SIJS
predicate findings. The amicus brief developed by Manatt, Phelps and Phillips for NIWAP detailed the legislative
and regulatory history of Special Immigrant Juvenile Status and discussed how the approach taken by the Court of
Appeals directly contradicts this legislative and regulatory history and the 2022 SIJS regulations issued by DHS.
The brief discussed how the courts below incorrectly applies laws of a foreign country when application of
California law is required by SIJS regulations, statutes and policies. The brief also discusses how it is
impermissible for court to fail to issue SIJS findings when there is uncontroverted credible evidence to support the
findings. The California Supreme Court in a unanimous decision with one concurrence adopted the approach
advocates by NIWAP’s amicus brief and the 2022 SIJS regulations relied up in the brief. (March 21, 2022; August
15, 2022)
[pdf] Meeting the Legal Needs of Child Trafficking Victims: An Introduction for Children’s Attorneys and Advocates (April 2009) (+)
The ABA training manual written by Eva Klain, Amanda Kloer, Diane Eason, Irena Lieberman, Carol Smolenski, and Robin Thompson discusses identification and representation of child victims of human trafficking in civil, protection order, immigration, employment and other cases. It discusses community-based responses to child trafficking and provides resources for attorneys and advocates.
[pdf] The Human Trafficking Legal Center, Human Trafficking and Domestic Violence Fact Sheet (2018) (+)
This fact sheet developed by The Human Trafficking Legal Center provides cases that illustrate how victims of domestic violence may also be victims of sex and/or labor trafficking. Growing recognition of the connection between domestic violence and human trafficking will enable survivors to achieve justice and immigration relief.
[pdf] Human Trafficking and Domestic Violence (April 2015) (+)
Written by the Freedom Network this fact sheet is helpful to assist attorneys, victim advocates, and judges identify, recognize the similarities between, and take a victim-centered approach to serving victims who are trafficked by domestic violence perpetrators.
[pdf] Meeting the Legal Needs of Human Trafficking Victims: An Introduction for Domestic Violence Attorneys and Advocates (2009) (+)
The ABA manual written by Jean Bruggeman and Elizabeth Keyes helps attorneys and victim advocates working with domestic violence victims recognize human trafficking occurring in domestic violence relationships. It describes why it is important to identify trafficking occurring within families, the civil, immigration, employment and other remedies available for victims and provides practice pointers for effective representation. The publication includes other valuable resources for domestic violence victims’ attorneys working with victims who are also subjected to human trafficking.
[pdf] United States V. Luciana Moreno-Lopez; (June 7 2010) United States District Court, Eastern District of Chattanooga (+)
Amicus brief in a case in which undocumented workers had been victims of extortion, when the workers complained to EEOC and the Department of Labor the employer retaliated by triggering the employees detention by the Department of Homeland Security.
The workers filed and received U-visas as victims of extortion despite this fact, the U.S. attorney brought charges
against the workers for document fraud. This amicus brief, filed in the employees’ criminal case, described the
history and purpose of the U-visa as humanitarian relief and a tool for law enforcement.
[pdf] Human Trafficking and Domestic Violence: A Primer for Judges (2013) (+)
This article by Dorchen Leidholdt discussed the intersection of human trafficking with domestic violence relationships. It discusses how “understanding the domestic violence/trafficking connection is not only useful to
judges and court personnel in identifying victims and understanding the nature and effects of their ordeal. It can also be valuable in understanding the kind of assistance victims need and where help is available. Courts increasingly are taking steps to ensure that victims obtain assistance and are referring them to service.”
providers.
[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.
[pdf] DHS Interactive Infographic on Protections for Immigrant Victims (November 2021) (+)
Interactive infographic with links to USCIS websites and up to date forms covering crime victim related forms of immigration relief.
[pdf] Hawke v. Department of Homeland Security, the United States District Court for the District of Northern California (May 23 2008) (+)
Hawke v. Department of Homeland Security, the United States District Court for the District of Northern California (September 29, 2008). Filed an amicus brief discussing the history and purpose of VAWA Confidentiality created in 1996 (expanded in 2000 and 2005) as Section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”). In this case of first impression, the Court clarified that VAWA confidentiality provisions protect victims filing for VAWA immigration relief even if the case is ultimately denied when such denials were not based on the merits. Procedural denials or withdrawals of applications continue to receive the full scope of VAWA Confidentiality eligible protection. (Morgan, Lewis, Pro Bono)
[pdf] In the Matter of M.A. (March 23 2020) Board of Immigration Appeals (+)
In the Matter of M-A. (2020) Brief filed with the Board of Immigration Appeals. NIWAP was lead amicus in an appeal to the Board of Immigration Appeal in a case of first impression challenging an Immigration Judge’s denial of VAWA cancellation of removal to an LGBTQ+ immigrant victim of spouse abuse who suffered multiple VAWA confidentiality violations including Immigration and Custom’s Enforcement informing the court they planned to call the perpetrator as a witness, submitting an affidavit by the perpetrator that the immigration judge relied upon to deny the victim VAWA cancellation of removal, the immigration court failing to remove the victim’s case from the publicly available computer system and numerous other VAWA confidentiality violations. The brief provided detailed legislative, regulatory and policy history on VAWA confidentiality and discussed each of the numerous VAWA confidentiality violations occurring in this case by Immigration and Customs Enforcement, U.S. Citizenship and Immigration Services, the immigration judge and the immigration courts. (March 24, 2020)
[pdf] Francisco Ramirez, Jacqueline Reyes-Mendoza, And Their Minor Child B.R., v Hon. Daylene A. Marsh and David Paulino Padilla-Suazo (August 14 2023) Supreme Court of the State of New Mexico (+)
Francisco Ramirez, Jacqueline Reyes-Mendoza, And Their Minor Child B.R., v Hon. Daylene A. Marsh and David Paulino Padilla-Suazo Emergency petition for writ of superintending control to the New Mexico Supreme Court in a sexual assault case in which a state court judges ordered U visa applicant victims to turn over in criminal court discovery information contained in the victim’s VAWA confidentiality protected case in violation of federal law. NIWAP is being represented in this appeal by Skadden, Arps, Slate, Meagher & Flom LLP; (June 27 2023)
[msword] Perales-Cumpean, Amicus Brief Board of Immigration Appeals, U.S. Court of Appeals 10th Circuit (October 16 2003) (+)
Perales-Cumpean, A76 386 969, Board of Immigration Appeals (2001), U.S. Court of Appeals 10th Circuit (2003). 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 (National immigration Project of the National Lawyers Guild, BIA, Arnold and Porter, Pro Bono 10th Circuit)
[pdf] Aguilar-Jimenez Board of Immigration Appeals (2002) (+)
Aguilar-Jimenez, Board of Immigration Appeals (2002). 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. (Crowell and Moring Pro Bono)
[pdf] Rosalina Lopez-Umanzor Board of Immigration Appeals and the U.C. Court of Appeals for the 9th Circuit (2004) (+)
Rosalina Lopez-Umanzor, Board of Immigration Appeals (2004) and the U.C. Court of Appeals for the 9th Circuit (2004). Amicus briefs discussing violations of a victim’s due process rights when an immigration judge denies the victim the opportunity to present expert testimony on domestic violence in a cancellation of removal case and presenting social science data that influences how judges should make credibility determinations in VAWA cancellation of removal cases (Kirkpatrick and Lockhart, Pro Bono 9th Circuit, O’Melveny and Myers, Pro Bono BIA).
[pdf] Obiaga and Berrocal v. Ashcroft, (2005) U.S. Court of Appeals 9th Circuit (+)
Obiaga and Berrocal v. Ashcroft, U.S. Court of Appeals 9th Circuit (2005). Amicus brief discussing any credible evidence rules and extreme cruelty in VAWA Cancellation of Removal cases. (National Immigration Project of the National Lawyers Guild).
[pdf] Nvart-BIA-Appeal-Brief-1 (+)
Nvart Idinyan (formerly Nvart Huckfeldt), Board of Immigration Appeals (2005). Amicus was filed in support of immigration judges finding that plaintiff qualified for cancellation of removal under VAWA and refuting DHS assertion that once a victim reached a “safe house” she should no longer have access to VAWA provisions. (Crowell and Moring, Pro Bono)
[pdf] Kewan, U.S. Court of Appeals for the 9th Circuit (2005) (+)
Kewan, U.S. Court of Appeals for the 9th Circuit (2005). Amicus brief discussing research data and the dynamics of domestic violence against male victims and VAWA’s gender neutrality offering protection to both male and female victims. (Northwest Immigrant Rights Project)
[pdf] Sanchez v. Gonzalez, Amicus Brief U.S. Court of Appeals for the 7th Circuit (November 8 2006) (+)
Sanchez v. Gonzalez, U.S. Court of Appeals for the 7th Circuit (2006). Amicus brief discussing the Violence Against Women Act’s legislative history and purpose and the special motion to reopen provisions designed for immigrant victims filing VAWA cancellation of removal cases. The trial court and BIA failed to offer Sanchez access to VAWA’s motion to reopen provisions. Additionally, Sanchez’ trial counsel was unfamiliar with VAWA’s special rules and provided Ms. Sanchez with ineffective assistance of counsel. (K&L Gates, Pro Bono).
[pdf] Ramirez Amicus Brief in Support of Appeal, Board of Immigration Appeals (January 26 2007) (+)
Ramirez-Avila, Board of Immigration Appeals (2007). Amicus brief discussing the Violence Against Women Act’s lesser extreme hardship standard and the approach to be taken in VAWA cancellation of removal cases with regard to good moral character. (Arnold and Porter, Pro Bono).
[pdf] Cabezas (2010) US Citizenship and Immigration Service Administrative Appeals Office (+)
Esteban Cabezas is an appeal to the United States Citizenship and Immigration Services Administrative Appeals Office (2010) of a denial of a VAWA self-petition by the United States Citizenship and Immigration Services, Vermont Service Center. This case raises important issues about the any credible evidence standard to be applied in VAWA self-petitioning cases and on immigration related abuse and the role this abuse plays as part of a pattern of extreme cruelty. (Andrew Taylor, Pro Bono)
[pdf] Leiva-Mendoza v. Holder (April 22 2011) United States Court Of Appeals For The 8th Circuit (+)
Leiva-Mendoza v. Holder, United States Court Of Appeals For The 8th Circuit (April 2 2011) discusses how a child’s witnessing of serious domestic violence perpetrated against their parent is a basis for granting VAWA cancellation of removal to children who witness domestic violence perpetrated against their parent even in cases in which the children have not themselves been abused. This amicus brief provided the court with the relevant research data on harm to children of witnessing abuse in the home and argued that requiring proof of “actual harm” to the child is not required to prove “extreme cruelty.”
[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.
[pdf] Domestic Violence and Involuntary Servitude as Human Trafficking (August 17, 2023) (+)
This document summarized new DHS policies describing how human trafficking in the form of involuntary servitude occurs and the proof that can be offered to demonstrate that a domestic violence or child abuse victim has also been subjected to human labor trafficking by their domestic violence or child abuse perpetrators. Human trafficking can and does occur within families and this tool will help judges, family lawyers, prosecutors and victim advocates identify it, document it, and make findings about its existence in court orders. By identifying human labor trafficking occurring within families immigrant victims gain a faster path to legal immigration status and greater access to public benefits and services than if courts, attorneys and victim advocates fail to identifying labor trafficking occurring within families.
[pdf] U Visas Helpfulness – Training Materials -Workshop 4C (August 23, 2023) (+)
[pdf] Workshop 4C – PowerPoint Presentation (August 2023) (+)
[pdf] Workshop 3C – Materials List (August 2023) (+)
[pdf] Workshop 3C – PowerPoint Presentation (August 2023) (+)
[pdf] Workshop 1B – PowerPoint Presentation (+)
[pdf] Chapter 03.6: U-Visas: Victims of Criminal Activity (August 8, 2023) (+)
Full chapter excerpt from “Breaking Barriers: A Complete Guide to Legal Rights and Resources for Battered Immigrants” 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] 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] DHS – Interactive Infographic U.S. Immigration Benefits for Noncitizen Crime Victims (English)(November 2021) (+)
This updated interactive infographic with links provides an overview of the forms of immigration relief available in the United States to protect immigrant victims of crime and abuse. It is presented in the form of a shield of protections for noncitizen survivors.
[pdf] Office of the Saint Paul City Attorney, Immigration Pathways for Victims of Crime (2023) – Spanish (+)
Know your rights brochure on VAWA, T visa and U visa immigration relief. – Spanish
[pdf] Office of the Saint Paul City Attorney, Immigration Pathways for Victims of Crime (2023) – Karen (+)
Know your rights brochure on VAWA, T visa and U visa immigration relief. Karen
[pdf] Office of the Saint Paul City Attorney, Immigration Pathways for Victims of Crime (2023) (+)
Know your rights brochure on VAWA, T visa and U visa immigration relief.
[pdf] Minnesota v. Daniel Salvador Niola Agudo (June 26, 2023) (+)
Minnesota Court of Appeals in an unpublished ruling decided that district court did not abuse its discretion by excluding expert testimony regarding the U visa process and the victim’s immigration status from the criminal case. As the district court observed, Niola failed to establish any connection between the U visa process and the child’s allegations that would make immigration evidence more than minimally relevant to this case. The district court excluded evidence of the child’s and her mother’s immigration status as both irrelevant and unfairly prejudicial.
[pdf] Access to Publicly Funded Legal Services for Immigrant Survivors (2014) (+)
In 2014, the Legal Service Corporation (LSC) issued regulations confirming that all immigrant crime victims are legally eligible for LSC funded legal services under anti-abuse regulations. This brochure discusses immigration status based eligibility as well as eligibility under anti-abuse laws. It provides advocates with a guide to immigrant crime victim access to LSC funded legal services, including an illustration on how VAWA, U-visa, and trafficking victims become eligible for LSC representation.
[pdf] Matter of Hranka (+)
Decision in Hranka Proceeding.
[pdf] FBI Bulletin, The U Visa An Effective Resource for Law Enforcement (March 15, 2011) (+)
Law enforcement personnel strive for strong connections with all citizens. In pursuit of this goal, striking an appropriate balance—one that punishes wrongdoers while protecting victims—can present a challenge. One way that officers not only can foster better relationships with immigrant communities but also increase offender accountability, promote public safety, and help ensure that crimes translate into convictions is to promote awareness of the U visa, which provides important immigration benefits to cooperating crime victims. In this article for the FBI Bulletin the authors discuss the fear of deportation has created a class of silent victims and undermined officers’ attempts at community-oriented policing among immigrant populations. They opine that the U visa helps improve relations with these communities, increase the reporting of criminal activity, enable provision of services to victims, and enhance the prosecution of violent perpetrators. Also, the authors feel that officers may have misconceptions about the U visa and not recognize its effectiveness as a tool. They hope that this article will help clarify the intent, purpose, and benefits of the U visa to the law enforcement community.
[pdf] USCIS and State Department: Intercountry Adoption Process Flow Chart of Key Steps (June 6, 2023) (+)
USCIS and the U.S. State Department developed this tool to assist judges and attorneys in the U.S. to better understand the intercountry adoption process for foreign born children from Hague Convention and non-Hague Convention countries. This tools helps ensure that the proper steps are followed so that the adopted child obtains a visa providing them legal immigration status and a path to naturalized citizenship.
[pdf] USCIS Fact Sheet: Adoption in U.S. Courts of Children from Hague Adoption Convention Countries (June 6, 2023) (+)
Foreign-born children in the United States who are adopted in a U.S. court may face immigration-related implications. Adoption alone does not give a child lawful immigration status. This fact sheet reviews the immigration implications for children from Hague Adoption Convention (“Convention” or “Hague”) countries who did not immigrate to the United States through the U.S. Convention process and are undergoing U.S. adoption proceedings.
[pdf] Senate: Adequacy of the Department of Health and Human Services’ Efforts to Protect Unaccompanied Alien Children from Human Trafficking (January 28, 2016) (+)
Report of the Senate Permanent Subcommittee on Investigations, Homeland Security and Government Affairs Committee, United States Senate. ADEQUACY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES’ EFFORTS TO PROTECT UNACCOMPANIED ALIEN CHILDREN FROM HUMAN TRAFFICKING The Subcommittee conducted a hearing about deficiencies in the procedures used by the Department of Health and Human Services to safely place unaccompanied alien children with sponsors in the United States.
[pdf] Filing to Remove Conditions for Legal Permanent Residency for Battered Spouses: Choose Battered Spouse Waiver Over Divorce (May 23, 2023) (+)
Congress created the Battered Spouse Waiver to make it easier for immigrant survivors to remove conditions for legal permanent residency that would typically require a joint filing with the abusive US Citizen or Legal Permanent Resident spouse. However, due to the current evidentiary requirements, many immigration attorneys opt to take what appears to be the […]
[pdf] How to Apply for Fee Waivers (May 19, 2023) (+)
Fee waivers assist immigrant survivors facing hardships in filing for relief by waiving filing fees that may be preventing immigrant survivors from receiving immigration relief. This publication reviews which immigration forms are exempt and/or eligible for fee waivers, how to apply for a fee waiver, and best practices for filing fee waivers with other immigration […]
[pdf] NJN PowerPoint Presentation (May 2, 2023) (+)
[pdf] USCIS is creating HART Virtual Service Center for Humanitarian Immigration Relief (March 39, 2023) (+)
This newsletter informs the field attorneys, judges, victim advocates , police, and prosecutors about the opening of the USCIS HART Service Center that will specialize in adjudicating cases involving immigrant victims of domestic violence, sexual assault, stalking, human trafficking, child abuse and other crimes and will help victims gain access to work authorization more swiftly and greater protections against deportation. This newsletter also discusses new U visa certification policies at the U.S. Department of Labor that will help immigrant victims of labor trafficking.
[pdf] Form N-400: Application for Naturalization (November 30, 2025) (+)
The N-400 form is the application an immigrant must complete to file for U.S. citizenship. Instructions for completing this form can be found here: https://niwaplibrary.wcl.american.edu/pubs/n-400instr.
[pdf] Minnesota U and T Visa Certification Law (July 1, 2021) (+)
The Minnesota state U and T visa certification law requires law enforcement agencies in Minnesota to respond to U and T visa requests within 90 days and within 14 days if the victim is in removal proceedings. Requires law enforcement agencies to designate certifiers, respond timely to requests for certification, conduct outreach informing the community about certification, keep records of requests, implement language access plans and prohibits disclosure of information about persons seeking certification.
[pdf] Answers to Questions from State Court Judges on the 2022 Special Immigrant Juvenile Status (SIJS) Regulations (April 4, 2023) (+)
This document addresses the most frequently asked questions that come up during judicial trainings for state court judges on SIJS findings of fact and conclusions of law needed by immigrant children filing Special Immigrant Juvenile State petitions. It address best practices for drafting state court orders and is up to date through April 2023 and covers the 2022 SIJS regulations as well as information contained in the SIJS policy manual issued by USCIS.
[pdf] Setting Up the Crime and Abuse Victim Protection Directorate at USCIS (August 23, 2022) (+)
This report submitted to the Ombudsman for USCIS argues for moving all of the adjudications of VAWA self-petitions, U and T visas, Battered Spouse Waivers, Work Authorizations for Abused Spouses of Visa Holders and Special Immigrant Juvenile Status Petitions into one adjudication system with expert adjudication staff and managers that specialize in these forms of immigration relief. The goal of which will be to speed up the wait time between filing and receipt of deferred action and work authorization for immigrant victims. This paper contributed to the creation of the HART Service Center that USCIS announced the opening of on March 30, 2023. To receive any of the attachments cited in this report contact NIWAP at info@niwap.org.
[pdf] In Re Guardianship of Saul H. NIWAP Amicus Brief to California Supreme Court (March 21, 2022) (+)
This document provides the amicus brief filed by NIWAP on March 21, 2022 to the California Supreme Court in support of the petitioner in In re Guardianship of Saul H. This case originated when a state probate trial court that refused to issue a predicate order to an immigrant child who suffered abuse and neglect perpetrated by his parents. Despite the uncontroverted evidence about the abuse and neglect by Saul’s parents, the probate court denied his request of SIJS findings. Saul appealed and the Court of Appeals affirmed, and ultimately the California Supreme Court reversed, with all justices concurring. In In re Guardianship of Saul H., the California Supreme Court provides very helpful clarification and direction that will assist trial courts and appellate courts in California and nationally for state courts carrying out their Congressionally assigned role issuing predicate orders that are a required of immigrant children filing SIJS applications. This amicus brief can also be a useful training tool.
[pdf] Form I-539 Instructions: Extend/Change Nonimmigrant Status (+)
This document reviews the instructions for the I-539 form, which includes eligibility guidelines as well as details for completing the I-539 form.
[pdf] Form N-400 Instructions: Application for Naturalization (November 30, 2025) (+)
This form is the instructions for applying for naturalization using the form N-400. The instructions includes details of eligibly and guidelines for completing the form. It is important to read these instructions carefully before completing the N-400 form.
[pdf] USCIS Form i-881 NACARA and VAWA NACARA (+)
This form is the application for VAWA NACARA. Instructions on how to complete this form may be found here: https://niwaplibrary.wcl.american.edu/pubs/vawa-nacara-form-instructions-i-881.
[pdf] Form I-912: Request for Fee Waiver (USCIS) (+)
This form requests a fee waiver for certain USCIS immigration forms and services based on a demonstrated inability to pay. Forms eligible for this fee waiver may be found in the instructions here: https://niwaplibrary.wcl.american.edu/pubs/fee-waiver-instructions (pages 1-2).
[pdf] EOIR Form 26A: Fee Waiver Request (+)
This two-page document is a fee waiver application that eligible immigrants may file with their EOIR forms in immigration court. This fee waiver is specific to EOIR forms and immigration court. A different fee waiver form is required for USCIS applications and may be found here: https://niwaplibrary.wcl.american.edu/pubs/i-912.
[pdf] Form EOIR 42A: Application for Cancellation of Removal for Certain Permanent Residents (+)
This form is an Application for Cancellation of Removal for Certain Permanent Residents. The application includes instructions as well as the application itself. The instructions review eligibility, burden of proof, required documents, fees, and filing.
[pdf] Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for “T” Nonimmigrant Status USCIS-2011-0010 (September 13, 2021) (+)
NIWAP comment seek a final T visa rule that provides further clarification and instruction regarding the T visa Trauma Exception. These comments explain why defining “trauma” will help T visa applicants know if they qualify for the physical and psychological trauma exception to the law enforcement cooperation requirement. These comments further explain why immigrant victims eligible for T visas, U Visas, VAWA self-petitions, and for VAWA cancellation of removal and VAWA suspension of deportation should, by default, not be subject to reinstatement of removal proceedings, unless certain qualifications are met. These regulations provide USCIS an opportunity to also address the ongoing problems being caused for all immigration relief eligible victims by ending DHS’s 17-year delay to implement VAWA 2005’s Congressional instruction that DHS exercise its discretion to not reinstate removal against T visa, U visa, VAWA self-petitioner, VAWA cancellation and VAWA suspension applicants and eligible victims.
[pdf] REPORT – PROMOTING ENHANCED ACCESS TO SPECIAL IMMIGRANT JUVENILE STATUS (SIJS): Addressing Abuse by “One Or Both” Parents And Recognizing the Range of Court Proceedings In Which SIJS Orders Can Be Issued (October 10, 2013) (+)
This report has been developed to highlight issues that the U.S. Citizenship and Immigration Services should consider as it issues regulations governing implementation of recent legislative improvements to the protections available under immigration law offering Special Immigrant Juvenile Status to abused, abandoned and neglected children. Our work is focused on four key areas, all of which are vital to alleviating poverty and improving the health and safety of immigrant women: immigration policies; economic empowerment; justice system relief for immigrant women; and rights and protections for victims of domestic violence, sexual assault and human trafficking. The ultimate agenda is to provide training, technical assistance, advocacy, research, materials and up to date information on government policies and best practices so that advocates, lawyers, police, prosecutors, judges and other professionals have the tools they need to help immigrant women, children and crime victims access the services, justice system and immigration relief, health care, housing, educational opportunities, benefits and other assistance they are legally entitled to receive. NIWAP works with professionals inside and outside of government to forge innovative solutions that improve legal protections and access to justice for immigrant women and children in the United States.
[pdf] Massachusetts U Visa Certification Law – Certification for Victims of Violent Crime and Human Trafficking (2021) (+)
Massachusetts state law requires certifiers to adopt a policy for completing and signing nonimmigrant status certification forms. The law also requires a certifying entity to respond to certification requests within 90 days.
[pdf] USCIS Form i-485(December 23, 2022) (+)
Form I-485 application for adjustment of status to lawful permanent residency instructions. Includes details about applying for lawful permanent residency as a Violence Against Women Act (VAWA) self-petitioner, VAWA Haitian Refugee Immigration Fairness Act (VAWA HRIFA), and VAWA Cuban Adjustment Act (VAWA CAA) applicants.
[pdf] USCIS Form i-485 Instructions (December 23, 2022) (+)
Form I-485 application for adjustment of status to lawful permanent residency instructions. Includes details about applying for lawful permanent residency as a Violence Against Women Act (VAWA) self-petitioner, VAWA Haitian Refugee Immigration Fairness Act (VAWA HRIFA), and VAWA Cuban Adjustment Act (VAWA CAA) applicants.
[pdf] USCIS Instructions Form i-881 NACARA and VAWA NACARA (December 2, 2021) (+)
USCIS instructions for Form I-881 with very useful information on VAWA NACARA eligibility and the application.
[pdf] Instructions for Application for Employment Authorization for Abused Nonimmigrant (Visa Holder) Spouses I-765V (July 23, 2020) (+)
Instructions for completing form I-765V application for work authorization for abused immigrant spouses of A E(3), G and visa holder abusive spouses.
[pdf] Romero v. Perez, Court of Appeals of Maryland (April 1, 2019) (+)
Special Immigrant Juvenile Status Maryland Court of Appeals ruling addressing the standard that is to be applied when courts enter conclusions of law that reunification with a parent who subjected the child to abuse, abandonment or neglect was not viable. In making this determination the trial courts must apply the Maryland law definitions of abuse, neglect and abandonment and must look at whether reunification would be unworkable. The higher exacting standard that courts apply in termination of parental rights proceedings are not the standards to be applied in SIJS cases. The case includes a significant discussion of SIJS legislative history and purpose, the SIJS process, the trial court’s obligation to make SIJS findings, the burden of proof in SIJS cases, and the legal standards to apply when courts make SIJS judicial determinations. 463 Md. 182, *185; 205 A.3d 903, **905; 2019 Md. LEXIS 163 (April 1, 2019).
[pdf] Comparing Inadmissibility Waivers Available to Immigrant Victims in VAWA Self-Petitioning, U Visa, T Visa and Special Immigrant Juvenile Status Cases (December 26, 2022) (+)
This chart was developed to assist prosecutors, judges and attorneys representing immigrant victims of domestic violence, sexual assault, human trafficking, child abuse, child abandonment, child neglect, and other U visa listed criminal activities to promote a better understanding of the inadmissibility factors that apply, do not apply, or could be waivable for each of the primary forms of immigration relief immigrant victims of crime and abuse are eligible to receive under U.S. immigration laws. This document contains detailed footnotes citing and explaining the statutes and regulations that govern inadmissibility for immigrant crime victims.
[pdf] Special Immigrant Juveniles (SIJS): Inadmissibility Factors That Do and Do Not Apply to SIJS Cases (December 26, 2022) (+)
Reference list on inadmissibility factors that do and do not apply in cases of children applying for Special Immigrant Juvenile Status (SIJS) and for lawful permanent residence as SIJS recipients. For more detailed information on inadmissibility for victims of crime and abuse see https://niwaplibrary.wcl.american.edu/inadmissibility-comparison-charts-for-victims.
[pdf] Chapter VI – Inadmissibility in Special Immigrant Juvenile Status Cases (December 26, 2022) (+)
This Chapter explains admissibility requirements and the inadmissibility waivers that may be available in cases of children applying for SIJS. It discusses the grounds of inadmissibility and SIJS that describes the inadmissibility that statutorily does not apply or can be waived in cases of SIJS and grounds of inadmissibility that SIJS cannot waive.
[pdf] Improving 8 U.S.C. 1367 VAWA Compliance and Avoiding Harm to Abused Spouses and Children in I-130 Family Based Visa Petition Cases and I-485 Family Based Adjustments (November 28, 2022) (+)
This memo proposes steps USCIS can take to fill gaps in VAWA confidentiality implementation in the context of Family based visa petition adjudications (I-130) and adjudication of lawful permanent resident applications (I-485) filed on behalf of noncitizen spouses. The goal is to ensure that USCIS adjudicators do not rely upon information provided by a U.S. citizen or lawful permanent resident spouse who is a perpetrator of domestic violence, battering or extreme cruelty to deny a noncitizen spouse’s application, particularly on the grounds of marriage fraud when the “evidence” of marriage fraud comes from the perpetrator. This type of outcome is exactly what Congress sought to avoid with VAWA confidentiality protections.
[pdf] DRAFT Standard Operating Procedures Directive Applicable to All ICE, CBP and OPLA Officials who Encounter Victims of Crime or Abuse, VAWA Confidentiality Protected Persons, and/or Victims, Witnesses or Parties in Legal Proceedings (February 28, 2022) (+)
Draft Standard Operating Procedures Directive for ICE, CBP and OPLA developed and submitted to Secretary Alejandro Mayorkas by Leslye E. Orloff on February 28, 2022. Developed with the assistance of Rafaela Rodrigues.
[pdf] Extending VAWA Confidentiality and 384 Protections to Special Immigrant Juvenile Status Eligible Immigrant Children (January 31, 2023) (+)
This memo submitted to the Council on Combatting Gender-Based Violence at DHS on January 31, 2023 discusses why SIJS children should receive the same VAWA confidentiality protections as all other immigrant survivors protected under the Violence Against Women Act (VAWA) and the Trafficking Victims Protection Act (TVPA).
[pdf] Legislative History of VAWA (94,00,05), T and U-Visas, Battered Spouse Waiver, and VAWA Confidentiality (January 5, 2023) (+)
This document recounts the legislative history of laws offering protection for victims of domestic violence sexual assault and human trafficking with a particular focus on the immigration relief developed by Congress to protect immigrant survivors.
[pdf] NJN Peer-to-Peer Session PowerPoint Presentation (December 8, 2022) (+)
[pdf] HHS: Instructions Requests for Assistance for Child Victims of Human Trafficking (Current as of 2022) (+)
Provides instructions that professionals working with immigrant children who are victims of human trafficking (sex or labor) can us to file requests for assistance with HHS. These requests for assistance lead to issuance of child eligibility letters that make immigrant trafficked children eligible for federal and state public benefits to the same extent as refugees. Children must apply while they are under the age of 18. Eligibility letters once issues do not end and last until the child can apply for and be granted a T visa or lawful permanent residency through another form of immigration relief.
[pdf] Issuance of Child Eligibility Letters on or after Applicant’s 18th Birthday if Application Received Prior to 18th Birthday (May 11, 2016) (+)
Program Instruction for HHS, Administration on Children and Families, Office on Trafficking in Persons (OTIP) explaining that when children file Requests for Assistance while the child is under the age of 19, if the child turns 18 during the HHS eligibility determination process and/or receives their HHS eligibility letter after they turn age 18, they remain able to receive and use the HHS eligibility letter indefinitely as a basis to receive federal and state public benefits to the same extent as refugees.
[pdf] New Mexico DV Commissioner/Hearing Officer Seminar: Special Issues in Family/Children’s Court for Cases Involving Immigrants PowerPoint Presentation (November 4, 2022) (+)
[pdf] NDAA Seeking Justice and Safety for Undocumented Victims & Their Families Workshop PowerPoint Presentation (October 25, 2022) (+)
[pdf] Appendix D1 – USCIS SIJS Policy Manual Full – Vol 6 (October 7, 2022) (+)
This Appendix explains the purpose, background and eligibility requirements of SIJS. It discusses documentation, evidence, adjudication, appeals, motions to reopen, and motions to reconsider, and finally Data about SIJS.
This publication was developed under grant number SJI-20-E-005 from the State Justice Institute. The points of view expressed are those of the authors and do not necessarily represent the official position or policies of the State Justice Institute.
[pdf] Appendix D2 – USCIS SIJS Policy Manual Full – Vol 7 (October 7, 2022) (+)
This Appendix is a USCIS policy manual on the adjustment of status in Special Immigrant Juvenile cases. It explains the purpose and background and eligibility requirements. If further discusses adjudication the documentation and evidence.
This publication was developed under grant number SJI-20-E-005 from the State Justice Institute. The points of view expressed are those of the authors and do not necessarily represent the official position or policies of the State Justice Institute.
[pdf] SIJS Webinar PowerPoint Presentation (October 4, 2022) (+)
[pdf] Special Immigrant Juvenile Status Regulations 1993, 2009, 2011, and 2022 (October 3, 2022) (+)
This document compares and contrasts the original 1993 rule on Special Immigrant Juvenile
Status, a 2009 amendment to this rule, the 2011 proposed rule on Special Immigrant Juvenile
Status, and the subsequently adopted 2022 rule that went into effect on March 8, 2022. The 2022
rule significantly amended prior versions of the rule, including the 2011 proposed rule. This
document will help readers understand the 2022 rule amendments and which portions of the
1993 and 2009 versions of the rule remain intact, as well as which portions of the 2011 proposed
rule remained in the final rule.
[pdf] Question and Answer for Naturalization Webinar 9.27.22 (+)
Q & A Follow Up on Naturalization Webinar (9/23/22) – Family Law Community of Practice 9/27/22