Immigration Clinic Secures Relief from Removal for Transgender Client

Genevieve Roman '10 and Brooke Harris '10, under the supervision of Professor Raha Jorjani, secured a grant of withholding of removal on behalf of a male-to-female transgender woman from Mexico on January 28, establishing her legal right to live and work in the United States.  The decision came as the successful resolution of a case that involved a series of actions undertaken on behalf of the client by the UC Davis School of Law Immigration Law Clinic, which previously had secured post-conviction relief and release from detention, and raised bail bonds on her behalf.

The client had been detained as a result of a guilty plea on two non-violent misdemeanors, only to find that U.S. Immigration and Customs Enforcement would hold that the convictions made her subject to mandatory detention.  Roman met with the client, contacted her defense attorney to start the process of getting one of the convictions dismissed, and scheduled a bond hearing.  On July 17 of last year, one conviction was successfully dismissed, making the client bond eligible. Roman succeeded in securing a low bond of $2,500.  When it became clear that the client's family would not be able to raise the money, Roman, Harris, Natalie Mere '10, and Erin Dendorfer '10 worked to raise the funds.  Thanks to generous donations to generous donations from Carlos Lopez, Lupe Orellana, Will Lotter, Alison Pease of the Yolo Interfaith Immigration Network, and others, they were able to post bail July 31.

Professor Jorjani said that the experience led to the establishment of the Clinic Bond Fund.  "We then realized that this was a service that we would regularly need for detained clients, so the Clinic's first-ever Clinic Bond Fund was created," she said.  "The idea is to raise and recycle funds in order to help to secure bond for indigent detainees."

Once the client was released from detention, Roman and Harris began preparing the claim for Asylum and Withholding and relief under the Convention Against Torture.  With help from Professor Carter White, supervising attorney with the Law School's Civil Rights Clinic, Roman and Harris persuaded Dr. Thomas Davies, widely considered the leading expert on conditions in Mexico for transgender individuals, to submit a declaration detailing the numerous dangers for transgender individuals in Mexico.  In addition, the team also secured the services of Dr. Randall Ehrbar, a psychologist whose work focuses on transgender health, to do a psycho-social assessment of the client in support of her applications for relief.

Last week, an Immigration Court Judge granted withholding of removal and the Department of Homeland Security waived appeal.  As a result, the client has the right to live and work in the United States. 

Numerous individuals and organizations played a role in the successful conclusion of the case, Professor Jorjani said, including Amagda Perez, and Holly Cooper, who provided insight and support.  Jorjani also extended thanks to the client's former defense attorney, Naresh Rajan from Redwood City,  who helped as pro bono counsel to obtain post conviction relief, Noemi Calonje of the National Center for Lesbian Rights, Victoria Neilson of Immigration Equality, Sharen McGowan of the ACLU, and Danny Alicea of Immigration Equality, who provided invaluable resource support and technical assistance. In addition, Sergio Perez and Eliana Kaimowitz of the California Rural Legal Assistance Foundation and law students Aidin Castillo '10 and Esmeralda Soria '10 volunteered to spend hours translating documents from Spanish to English for the Court.

Professor Jorjani praised the students commitment to exploring the various dimensions of relief, as well as their diligence in gathering, reviewing, and submitting substantial evidence in support of their client's claim, as being instrumental in the victory.