Immigration Clinic Students Win Release for Client
King Hall students Fatima Alloo '11, Elisa Cozad '11, and Scott Vignos '11, working under the direction of UC Davis Immigration Clinic Supervising Attorney Raha Jorjani, gained the release from immigration detention of a 25-year permanent legal resident on March 1. The victory, which included dismissal of removal proceedings against the client, was particularly impressive given the many challenges involved, said Jorjani.
"Fatima, Elisa, and Scott argued cutting-edge immigration issues, dealt with the complex problems of representing a detained client, and overcame problems arising from a mental health services system that has been devastated by budget cuts," said Jorjani. "They consistently exhibited competence, efficiency, compassion, and creativity throughout the litigation of this case, and I was constantly inspired by all three of them."
The client, who suffered a traumatic brain injury in 2002, had been in custody since February 2009, when he was sentenced to 120 days on non-violent misdemeanor charges. He remained incarcerated after U.S. Immigration and Customs Enforcement decided his crimes involved "moral turpitude," which made him eligible for removal. Alloo, Cozad, and Vignos received the case during their first week with the Immigration Clinic and immediately had to contend with what Jorjani called "one of the most complex areas of immigration litigation," filing a motion to dismiss the moral turpitude element.
The effort was impressive, but unsuccessful, Professor Jorjani said, so the students filed for relief from removal based on factors including the client's long residence in the United States and the existence of treatable mental problems deriving from his brain injury. Though the judge had stated at the outset that he took the client's crimes seriously and that this would not be an easy case in which to gain favorable discretion, he was ultimately convinced, thanks in part to the students' work in securing the assistance of Dr. Susan Wilde as an expert witness. Dr. Wilde performed two psychological evaluations of the client and testified that he wasn't well, had no propensity for violence, and would benefit from treatment.
"Dr. Wilde's consistent commitment to our case, despite our inability to compensate her for her services, was unparalleled in my experience," said Professor Jorjani. "After her testimony, she mentioned that the students were ‘absolutely professional' and that ‘you would never have known they were not already licensed attorneys.'"
The students argued their case over the course of six hours in two separate hearings, and on March 1, the immigration judge granted relief from removal. There was no appeal, so the client was released to his family and enjoyed the evening with them before checking into a residential treatment program the students had succeeded in enrolling him in, where he will receive treatment for one year.
Professor Jorjani said that in addition to Alloo, Cozad, and Vignos, thanks were due to numerous others. Diem Tran '10 and Janet Kim '10 jumped in on the case during October and November while the rest of the team was unavailable and appealed the removability issue by way of a bond appeal to the Board of Immigration Appeals. Martha Jaime and Teresa Medina of the Immigration Clinic provided direct assistance, helping with numerous translations, and Professors Holly Cooper and Amagda Pérez gave important input regarding various legal issues. Dr. Kathleen Baynes of the Center for Mind and Brain at UC Davis, Dr. Charles DeCarli, Professor of Neurology and the Director of the Alzheimer's Disease Center at UC Davis, and Dr. Cheryl Jay of San Francisco General Hospital provided invaluable pro bono consultations on traumatic brain injuries.