[pdf] Geidy Mavely Soto Alvarado And Mauricio Antonio Garcia Soto v. Merrick Garland (June 13 2023) US District Court Rhode Island (+)

Geidy Mavely Soto Alvarado And Mauricio Antonio Garcia Soto v. Merrick Garland (June 13 2023) US District Court of Rhode Island. NIWAP, represented by Crowell and Moring, led an amicus brief that was joined by Harvard Law School professors and clinics, the ACLU, the Rhode Island Coalition Against Domestic Violence, and all of the major women shelters in Rhode Island. This brief argued that USCIS had misinterpreted VAWA 2000 amendments that were designed to allow VAWA self petitioners to divorce, file their self petitions, and after filing remarry with no impact that would lead to denial of the application. In this case an immigrant for self petitioner remarried year and ½ after filing but before her self-petition case was approved and USCIS revoked or approved self petition. Amici won a motion to reopen the District Court’s denial of the self petitioner’s case and the trial will proceed on the merits. Map is being represented in this case by Crowell and Moring.

[pdf] Romain v. Napolitano (March 16 2012) United States District Court (+)

Romain v Napolitano (March 16 2012), U.S. District Court, Eastern District of New York. NIWAP, represented by Morgan, Lewis and Bockius, served as lead amicus in the first VAWA Confidentiality appeal of denial of a criminal court discovery order. This was a case in which a domestic violence perpetrator who was being prosecuted for domestic violence sought discovery under Brady and W.M.V.Crio of the VAWA confidentiality protected VAWA self-petition immigration case filed by his battered immigrant spouse. The perpetrator of spousal rape subpoenaed the
victims VAWA self-petition case from the U.S. Department of Homeland Security. The Federal District Court ultimately denied the subpoena and discovery of the self-petition file by the criminal defendant

[pdf] Cazorla and EEOC v. Koch Foods of Mississippi US Court of Appeals 5th Circuit (October 22 2015) (+)

Cazorla v. Koch Foods of Mississippi, (October 22 2015) United States Court of Appeals, 5th Circuit. NIWAP, represented by Procopio, Cory, Hargreaves & Savitch, LLP, Arnold and Porter, Latino Justice PRLDEF, was the lead Amicus in the first case to reach the U.S. Courts of Appeals on the (VAWA) immigration confidentiality protections. In this workplace sexual assault case brought by the EEOC the employer is attempting to obtain through civil court discovery receive copies of and/or information contained in victim workers’ U visa cases filed with the U.S. Department of Homeland Security that under federal law are to receive VAWA confidentiality protection.

[pdf] Marriage of David M. Salcido and Irina N. Salcido Arizona State Court of Appeals (August 24 2004) (+)

In Re the Marriage of David M. Salcido and Irina N. Salcido, Case No. 20023590 before the Arizona Court of Appeals. (2004) Filed an amicus brief in support of overturning a grant of annulment in favor of an abusive spouse who sought an annulment after a five year marriage in order to deny the victim-wife VAWA immigration status. (Crowell and Moring, Pro Bono).

[pdf] Meredith v. Muriel K&L Gates Supreme Court of the State of Washington (July 17 2009) (+)

Meredith v. Muriel, Supreme Court of the State of Washington, (2009). Submitted two amicus briefs one on behalf of Legal Momentum and a second on behalf of the National Network to End Violence Against Immigrant Women in a case in which an abuser appealed the issuance of a protection order containing a prohibition against the abuser communicating with the Department of Homeland Security regarding his wife. One brief (K & L Gates, Pro Bono) provided social science documentation of the harm to victims and the lethality of immigration related abuse and discussed the history and purpose of VAWA confidentiality protections.

[pdf] Kumar v. Kumar California Court of Appeals (September 26 2016) (+)

Kumar v. Kumar (California Court of Appeals) NIWAP served as sole amicus in a case in which a California state family court judge imposed the duty to mitigate that applies in contract cases and alimony cases to an immigrant spouse, in this case a battered immigrant spouse, seeking to enforce the Affidavit of Support her husband signed with the U.S. Department of Homeland Security when he sponsored her to attain legal permanent residency status. The brief cited case law from other states and law review articles discussing current state family court practice allowing immigrant spouses to enforce affidavits of support in family court cases. The brief provided legislative history and social science data supporting the position imposing a duty to mitigate undermines the legislative purpose of the Affidavit of Support and in the case of battered immigrant spouses the Violence Against Women Act. (Crowell and Moring: September 26, 2016)

[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] 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] 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] BIA Amicus Invitation and Amicus 2016-0609 (September 1 2016) (+)

BIA Amicus Invitation 2016-0609 Amicus Curiae Brief of National Immigrant Women’s Advocacy Project and The Lutheran Immigration and Refugee Service submitted this amicus brief to the Board of Immigration Appeals discussing the brain development and neuroscience of how having experienced or witnessed trauma impacts the brain development of children and adolescents. The brief argues that in cases of child asylum applicants’ waivers of the one-year deadline based on extraordinary circumstances must be presumed for children under the age of 21. The brain science also supports waivers of the deadline for older youth in their 20s who can demonstrate based on the totality of the circumstances of their case and the impact of the trauma they suffered on their lives that they meet the extraordinarily circumstances test. (Crowell and Moring: September 1 2016)

[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] 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] 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)

[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] 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] 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] House Subcommittee on Immigration and Claims, Hearing on H.R. 3083 the “Battered Immigrant Women’s Protection Act of 1999″ (July 19, 2000) (+)

George Fishman, Chief Counsel and Lora Ries, Counsel, Hearing on H.R. 3083 the “Battered Immigrant Women’s Protection Act of 1999.” House Subcommittee on Immigration and Claims 4 (July 19, 2000) Discussing VAWA 2000’s immigration protections.

[pdf] Birru v. Wilkinson 9th Circuit Court of Appeals (January 22, 2021) (+)

Aylaliya Assefa Birru v. Barr (January 11 2021) 9th Circuit Court of Appeals. NIWAP, represented by
Baker McKenzie, is lead amicus in a brief on behalf of an immigrant domestic
violence victim who is seeking relief under the Violence Against Women Act’s domestic violence victim
waiver in her VAWA cancellation of removal case. The Board of Immigration Appeals and the
immigration judge denied her the ability to present evidence of waiver eligibility.

[pdf] Bipartisan Women Made Anti-Violence Act Happen (+)

Article by Ann Moline Women’s Enews correspondent, on the collaboration between Democratic and Republican Senate staff who led Senator Kennedy and Abraham’s work on the Violence Against Women Act of 2000’s immigration protections including the creation of the U and T Visas and improvements to VAWA self-petitioning, VAWA cancellation of removal and VAWA suspension of deportation.

[pdf] Full Text of H.R. 3244 Victims of Trafficking and Violence Protection Act and Violence Against Women Act of 2000 (+)

Full Text of H.R. 3244 Victims of Trafficking and Violence Protection Act (TVPA) and Violence Against Women Act of 2000. The TVPA was designed to combat trafficking in persons, especially into the sex trade, slavery, and involuntary servitude, to reauthorize certain Federal programs to prevent violence against women, and for other purposes. The TVPA has the ability to authorize protections for undocumented immigrants who are victims of severe forms of trafficking (T visa).

[pdf] New Dangers for Battered Immigrants: The Untold Effects When Immigrant Victims Have to Leave the U.S. to Obtain Lawful Permanent Residency as VAWA Self-Petitioners (+)

The stories recounted in this volume document the experiences of battered immigrants from around the country. In all of these cases, battered immigrants either filed or are in the process of filing self-petitions. Once the battered immigrant’s self-petition is approved the victim may apply for lawful permanent residency. The purpose of this compilation has been to highlight the potential hardships and dangers that battered immigrants face if they would be required to leave the United States and travel abroad to receive lawful permanent residency based upon their approved VAWA self-petition. Historically, battered immigrants abused by their U.S. citizen or lawful permanent resident spouses or parents have been generally able to attain lawful permanent residency while continuing to reside in the United States. The stories collected here were used to secure amendments in VAWA 2000 that together with DHS policies allow immigrant victims to obtain lawful permanent residency without being required to leave the United States.

[pdf] Violence Against women Act of 2000 (+)

HR 1248 would reauthorize and make key improvements in programs created by the Violence Against Women Act of 1994. Those programs include: law enforcement and prosecution grants to combat violence against women, national domestic violence hotline, battered women’s shelter and services, grants for community initiatives, education and training for judges and court personnel, grants to encourage arrest policies, rural domestic violence and child abuse enforcement, national stalker and domestic violence reduction, federal victims’ counselors, education and prevention grants to reduce sexual abuse of runaway, homeless, and street youth, victims of child abuse, and rape prevention education. It would also create new programs, including civil legal assistance for victims, safe havens for children pilot program, protections against violence and abuse for women with disabilities, standards, practice and training for sexual assault examinations, and a requirement that a domestic violence task force report back to Congress on any overlapping or duplication of Federal agency efforts addressing domestic violence.

[pdf] Women Immigrants and Domestic Violence (+)

Paper presented at a symposium convened by the Woodrow Wilson International Center for Scholars entitled Women’s Rights in Theory and Practice: Employment, Violence and Poverty, May 21-22, 2002. Discussing the demographics of immigrant women in the United States and the importance that services providers, advocates and attorneys learn how to provide culturally appropriate assistance to diverse immigrant victims, the significance of fear of deportation as a barrier, and the importance of identifying and working with survivors the continuum of violence immigrant survivors experience.

[pdf] CRS: Violence Against Women Act: History, Federal Funding, and Reauthorizing Legislation (October 12, 2001) (+)

On October 28, 2000, President Clinton signed into law the Violence Against Women Act of 2000 as Division B of the Victims of Trafficking and Violence Protection Act of 2000 (P.L. 106-386). The original Violence Against Women Act (VAWA), enacted Title IV of the Violent Crime Control and Law Enforcement Act (P.L. 103-322), became law in 1994. VAWA 2000 reauthorizes VAWA though FY2005, sets new funding levels, and adds new programs.
VAWA 2000 reauthorizes most of the original ac’s programs and creates new grant programs to prevent sexual assaults on campuses, assist victims of violence with civil legal concerns, create transitional housing for victims of domestic abuse, and enhance protections for elderly and disabled victims of domestic violence. VAWA 2000, also, creates a pilot program for safe custody exchange for families of domestic violence. Additionally, VAWA 2000 authorizes a number of studies on the effects of violence against women, creates a domestic violence task force, and includes changes in the federal criminal law relating to interstate stalking and immigration.

[pdf] CRS: Immigration: Noncitizen Victims of Family Violence (May 3, 2001) (+)

During the last decade, Congress has enacted special immigration provisions to assist the battered alien spouses (most of whom are women) and children of U.S. citizens and lawful permanent residents. To deter immigration-related marriage fraud, Congress, in 1986 had established a two-year conditional status for alien spouses and children who obtained permanent residence based on a recent marriage. In most cases, the alien and his or her spouse had to submit a joint petition at the end of the two-year period to have the condition removed. This requirement posed problems for battered aliens, who spouses often refused to cooperate in the filing of joint petitions. The 1990 Immigration Act created a special waiver of the joint petition requirement for battered spouses and children.
The Violence Against Women Act (VAWA) of 1994 provided additional relief to noncitizen victims of family violence. It allowed them to file self-petitions for immigration preference status, rather than having to rely on their batterers to file initial petitions on their behalf. VAWA also established special requirements for battered alien spouses and children seeking relief from deportation.
In 1996, Congress enacted the Illegal Immigration Reform and Immigrant Responsibility ACT (IIRIRA), which contained strong measures to deter illegal immigration. Under IIRIRA, battered aliens were eligible for various exemptions. IIRIRA also amended the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), which had placed restrictions on alien eligibility for federal benefits.
The 106th Congress enacted the Battered Immigrant Protection Act (BIWPA) as part of the VAWA reauthorization bill. The Act provides relief in various areas, including cancellation of removal, adjustment of status, and self-petitioning. BIWPA included language from several similar bills that proposed to expand existing protections for noncitizen victims of family violence. They include measures to prevent violence against women, as well as bills to provide economic security and safety for battered women and to provide protection for battered alien women.

[pdf] CRS: Violence Against Women Act: Reauthorization, Federal Funding, and Recent Developments (January 25, 2001) (+)

On October 26, 2000, the President signed a five-year reauthorization of appropriations for the Violence Against Women Act, expired at the end of FY2000, together with an expansion of its programs (VAWA, Title IV of the Violent Crime Control and Law Enforcement Act, P.L. 103-322). On October 11, 2000, the Senate approved the conference report, H Rept 106-939, for the Sexual Trafficking Victims Protection Act (H.R. 3244/Smith, Christopher). Approved by the House on October 6, 2000, the measure contains language to reauthorize the Violence Against Women Act (VAWA), as amended. The conference report notes that the bill reauthorizes through FY2005 the leading VAWA programs, and makes “targeted improvements,” such as authorizing grants for legal assistance for victims of domestic violence, stalking, and sexual assault, providing funding for transitional housing assistance, improving full faith and credit enforcement and computerized tracking of protection orders, strengthening and redefining the protections for battered immigrant women, and expanding existing grant programs to cover violence that arises in dating relationships.

[pdf] CRS: Sexual Harassment and Violence Against Women: Developments in Federal Law (May 25, 2000) (+)

Gender-based discrimination, harassment, and violence against women in the workplace and society generally have assumed new legal and political significance as a consequence of recent high profile proceedings involving alleged misdeeds by elected government officials, members of the military, public school teachers and students, and the private corporate sectors. This report reviews the judicial evolution of sexual harassment law, including a discussion of four recent U.S. Supreme Court rulings that dealt with the issue of same-sex harassment and determined the liability of employers and school districts for harassment by supervisory employees and acts directed against public school students.

[pdf] Trafficking Victims Protection Act of 2000 Part II (+)

Report, with Minority Views, to accompany H.R. 3244. The Committee on the Judiciary, to whom was referred the bill (H.R. 3244) to combat trafficking of persons, especially into the sex trade, slavery, and slavery-like conditions, in the United States and countries around the world through prevention, through prosecution and enforcement against traffickers, and through protection and assistance to victims of trafficking, having considered the same, reports favorably thereon with an amendment and recommends that the bill as amended do pass.