Immigration Clinic Successful Again!
Sarah Farnsworth '07, Darren Wang '07, and Aric Bright '07 were successful in a case involving removal proceeding of their client. The client, born in the Republic of Congo to a prominent political family, was active in demonstrations and assisted in demanding government subsidies for education. He was caught in the crossfire after a change in government and imprisoned, tortured, and forced to sign a coerced confession for his political opinion. Some years later, the Congolese government was overthrown again, and members of the client’s family were viewed as traitors. Some members that were unable to escape were raped and brutally executed.
Holly S. Cooper ’98, law school lecturer and staff attorney for the clinic, said that the case raised interesting issues for the students. "Our client had been granted political asylum around 2001, but was convicted of a theft crime that rendered him removable and made his asylum status subject to termination," she said. "The students argued that many issues in his new hearing were precluded because he had previously won asylum."
In addition, the students argued that their client's crimes should not constitute removable offenses even after the drastic change of law in the U.S. Supreme Court in Duenas Alvare, which directly affected the aggravated felony analysis with respect to theft offenses.
Cooper said the students also utilized expert testimony to corroborate the causation of their client's scars. After hours of testimony, the government stipulated to a grant of withholding of removal for the client. "Our client was elated," Cooper said, "and commended all the students who had worked so diligently on his case." He has been detained for one year in the Yuba County Jail fighting his removal case.
Farnsworth and Wang worked on the pre-trial brief, the direct examination, and the expert testimony. Bright helped prepare the client for cross-examination and wrote a second motion regarding removability.
Congratulations to the Immigration Clinic and the students!
Holly S. Cooper ’98, law school lecturer and staff attorney for the clinic, said that the case raised interesting issues for the students. "Our client had been granted political asylum around 2001, but was convicted of a theft crime that rendered him removable and made his asylum status subject to termination," she said. "The students argued that many issues in his new hearing were precluded because he had previously won asylum."
In addition, the students argued that their client's crimes should not constitute removable offenses even after the drastic change of law in the U.S. Supreme Court in Duenas Alvare, which directly affected the aggravated felony analysis with respect to theft offenses.
Cooper said the students also utilized expert testimony to corroborate the causation of their client's scars. After hours of testimony, the government stipulated to a grant of withholding of removal for the client. "Our client was elated," Cooper said, "and commended all the students who had worked so diligently on his case." He has been detained for one year in the Yuba County Jail fighting his removal case.
Farnsworth and Wang worked on the pre-trial brief, the direct examination, and the expert testimony. Bright helped prepare the client for cross-examination and wrote a second motion regarding removability.
Congratulations to the Immigration Clinic and the students!