Washington DC summer associates help immigration detainees

Again this year, Washington DC summer associates spent time helping the Capital Area Immigrants’ Rights Coalition (CAIR) assist immigration detainees—some of whom had been held for months.

The group, which was led by Washington, DC, real estate associate Ulrick Casseus, spent the day at Hampton Roads Regional Jail helping with intake and listening to the stories of the detainees. The six summer associates who participated included Jake Goodman, Gerard Donovan, Tiana Butcher, Brian Whittaker, Kevin Scott, and Lindsey Nelson.

Kevin recounted one story in particular, where a man from El Salvador who had fled to the U.S. illegally was in custody for spitting on the ground. The man was now facing deportation and probable death at the hands of the gang he had fled in his home country. “Without our help, he would have likely been taken before a magistrate and eventually deported, spending another three to five months in detention while the immigration deportation process wound its way through the courts,” Kevin said. Now, however, he is in the process of submitting an asylum request and is being evaluated for representation and support by the CAIR Coalition.

The day was a long one for the summer associates, who met at the office at 6 a.m. before leaving for the jail, but it was satisfying. “They enjoyed it and gained something from it. It’s a different type of pro bono work, which makes it interesting for the summer associates, and the detainees are very appreciative,” Ulrick said.

In big win, veteran gets second chance to obtain benefits

Rogers Beckley is not an easy client. The post-Korean War era Marine Corps veteran can be incomprehensible and combative—two traits that may have contributed to the U.S. Department of Veterans Affairs’ denial of his benefits claim.

However, a team of Nixon Peabody professionals, dubbed “Team Beckley” and led by Todd Toral, counsel in the San Francisco office, can be combative when necessary, too. Team Beckley also knew how to make considerable sense when they filed their pre-appellate brief memorandum, a memorandum of law filed in advance of an actual briefing so opposing counsel and the Court of Veterans Appeals could make a preliminary determination as to whether the matter had merit. After reading their highly detailed memo, opposing counsel from the Veteran’s Administration and a member of the appellate court’s Central Legal Staff agreed to remand the matter for further adjudication without filing appellate briefs.

“This is a complete victory for Mr. Beckley because this will ensure that his medical claim will be properly evaluated by the VA and, further, that an appropriate analysis will be undertaken to determine whether his medical issues are service connected,” Todd said.

In addition to Todd, Team Beckley included Talley McIntyre and Jessica Sloan White, both associates in the San Francisco office, as well as assistants John Zic and Kim Love, in San Francisco and, from Rochester, Elena Kelly, who is a legal nurse consultant. Three of the six members of the team, Todd, Kim and Talley, are also veterans.

Mr. Beckley’s story begins when he served on active duty from 1955 to 1959 as a tank crewman, but spent a good portion of his time as a member of the U.S.M.C. boxing and football teams. Decades later, essentially destitute and suffering from a number of health-related issues, many clearly not related to his time in the Marines, Mr. Beckley has tried numerous times to obtain benefits for his military-related injuries. He even drove, at his advanced age, from Alabama to Washington DC to testify on his own behalf. The trip was made particularly arduous because he lacked funds for accommodations, so he slept each night, during winter, in his truck. When he reached the hearing, he was incomprehensible and combative.

During the years when Mr. Beckley tried to obtain benefits, the VA mostly focused on a broken jaw, which he sustained during military service. The VA’s position was that the injury fully healed. The VA, however, completely ignored a diagnosis in his medical file referencing organic mental disorder possibly caused by being a boxer in the Marine Corp, Todd said.

Quoting H.L. Mencken, Todd said, “For every complex situation, there is an answer that is clear, simple and wrong. What the Veteran’s Administration did was go for the clear, simple and wrong answer.”

To help them reach a more reasoned answer, the Nixon Peabody team needed to sort out Mr. Beckley’s highly complex medical circumstances. And the case was further complicated by his late filing. Although he had mentioned numerous times that he was injured in the military, he never pursued benefits until 2000.

Believing that a thorough pre-appellate brief memorandum was the most expeditious path to victory, the team put a herculean effort into their memo. Their analysis included piecing together Mr. Beckley’s medical history using the man’s “memory book” as a guide. The team could not rely on the official serviceman’s record book for Mr. Beckley because it had burned, along with the records of many other veterans, in a fire during the 1970s.

Their victory, Todd said, was truly a team effort. “Team Beckley spent lots of afternoons and weekends looking at the law and the facts and applying the facts to the law. We concluded that his claim was not properly analyzed,” Todd said.

Mr. Beckley’s case, while difficult, is the type of matter that fuels Todd’s passions. As a veteran, he tries to devote his pro bono work to matters that will help fellow veterans. Before taking this case, Todd completed the Veterans Consortium Pro Bono Program’s training program in Seattle, so he is trained and ready to take more pro bono cases through this program.

“I can be combative when necessary and I known the military system. As a lawyer, I can use my experience and credentials to help veterans who are often without resources and suffering in ways we can only imagine,” he said.

Woman from Ecuador gains asylum after years of domestic violence

Stacey Slater, the firm’s pro bono partner, and Tamar Duvdevani, a litigation associate in New York City, recently won asylum for a woman from Ecuador who was a domestic violence victim for 20 years.

The client’s severe physical and mental abuse began after she met her now former husband in 1985 and she became pregnant. On one occasion, while she was pregnant, her former husband held her by her throat against a wall, so her feet were off the ground, until she turned blue. As her former husband’s alcohol abuse increased, the beatings, rape and other abuse also increased until abuse was happening at least weekly.

While the client was initially reluctant to call authorities, she eventually did report the abuse numerous times. Unfortunately, she did not receive any assistance, as is common in Ecuador. Even after she divorced her husband, he continued to abuse and regularly threatened her—while the authorities continued to ignore her plight. Afraid for her safety, she fled to the United States and then applied for asylum.

The woman’s asylum case was complicated somewhat by the fact that the abuse she endured was inflicted by her spouse, rather than a government entity. However, Stacey and Tamar were able to overcome this obstacle. “We found good case law to support our position that women who are abused by their spouses, and receive no protection from the authorities, fit into a persecuted social group,” Tamar said.

“First, we had to show the court that domestic violence is persecution. We cited several cases where the courts granted asylum to women who were unable to escape abuse at the hands of their spouse or ex-spouse. We also argued that the threat against our client is nationwide, and there is no safe location within Ecuador where she may find refuge,” Stacey added.

The team prepared a 32 page memorandum of law and affidavits that were signed by the client, her mother, her sister, a psychologist and a country conditions expert. Her sister flew in and testified on the client’s behalf, corroborating her story of abuse. “Tamar did the direct exam of our client, which was a great hands-on experience for her, and I examined her sister. Tamar did an amazing job,” Stacey said.

The biggest frustration to the case, Tamar said, was the length of time it took. “The case was demonstrative of some of the issues we have in immigration court, particularly in New York, one of the busiest immigration courts in the country,” she said. To complete the case, they worked with summer associates from two different years and faced setbacks that included last-minute switches to different judges. After three years, however, the final judge ruled from the bench in favor of the client.

After the big win, Stacey and Tamar filed a Relative Petition to get the client’s two minor children to join her legally in the United States. They also put their client in touch with Catholic Charities, which gave her a grant of money, is helping her to get a better job and enroll her in English classes. In addition to the efforts from Stacey and Tamar, Lydia Crump, Myrna Lamolli, Damaris Ocascio and Luzi Amaach all assisted with translation over the course of the case. Rina Patel worked on the matter before she left the firm. Help was also offered by associates Jennifer Wheeler and Joann Moolsintong (who were among the 2006 summer associates), and 2008 summer associates Angelica Valencia, Do Hyun Kim and Brian Avello.