Eritrean Client Released on Bond
Immigration Law Clinic students Odir Hernandez '08 and Erin Hernandez '08 successfully represented an Eritrean client during a bond hearing. The client had been in custody for eight months and was previously denied release from the U.S. Immigration and Customs Enforcement (ICE) Removal Office in San Francisco.
The client was being removed from the U.S. to Eritrea after she had spent thousands of dollars on a lawyer who had failed to raise an asylum claim based on female genital cutting (FGC). Procedurally, her case had already been denied by the Ninth Circuit Court of Appeals. She was apprehended by ICE because she no longer had a case pending before any court of appeals.
The client was referred to the Clinic by a cellmate, another client of the Immigration Clinic, who informed her that she had a viable claim to asylum based on FGC. Erin Hernandez conducted the intake and was moved by the woman's case. She determined that she could present a motion to reopen before the Board of Immigration Appeals (BIA) on ineffective assistance of counsel.
The Clinic worked through the Asian Law Caucus to gain access to pro bono attorney Jee Young You from O'Melveny & Myers, who obtained an expert affidavit from Doctor's of the World verifying FGC and emotional trauma to the client, which solidified and supplemented the motion to reopen. Although, the BIA denied the motion, the case is now pending before the Ninth Circuit Court of Appeals. Erin and Odir filed a state of the art motion for an emergency stay of removal at the Ninth Circuit which was granted.
Law student Odir Hernandez continued to focus on the custody issues. Odir refused to believe an Immigration Judge did not have the power to release the client and wrote a stellar brief convincing the judge he had jurisdiction over the bond proceedings. Odir also presented a constitutional claim on ineffective assistance and prolonged detention in the brief.
The client had 24 witnesses in court to support her release from custody. The immigration judge granted a $5,000 bond and the trial attorney waived appeal.
The client was being removed from the U.S. to Eritrea after she had spent thousands of dollars on a lawyer who had failed to raise an asylum claim based on female genital cutting (FGC). Procedurally, her case had already been denied by the Ninth Circuit Court of Appeals. She was apprehended by ICE because she no longer had a case pending before any court of appeals.
The client was referred to the Clinic by a cellmate, another client of the Immigration Clinic, who informed her that she had a viable claim to asylum based on FGC. Erin Hernandez conducted the intake and was moved by the woman's case. She determined that she could present a motion to reopen before the Board of Immigration Appeals (BIA) on ineffective assistance of counsel.
The Clinic worked through the Asian Law Caucus to gain access to pro bono attorney Jee Young You from O'Melveny & Myers, who obtained an expert affidavit from Doctor's of the World verifying FGC and emotional trauma to the client, which solidified and supplemented the motion to reopen. Although, the BIA denied the motion, the case is now pending before the Ninth Circuit Court of Appeals. Erin and Odir filed a state of the art motion for an emergency stay of removal at the Ninth Circuit which was granted.
Law student Odir Hernandez continued to focus on the custody issues. Odir refused to believe an Immigration Judge did not have the power to release the client and wrote a stellar brief convincing the judge he had jurisdiction over the bond proceedings. Odir also presented a constitutional claim on ineffective assistance and prolonged detention in the brief.
The client had 24 witnesses in court to support her release from custody. The immigration judge granted a $5,000 bond and the trial attorney waived appeal.