Immigration Clinic Wins Appeal for Son of U.S. Marine
Erin Hernandez '08 successfully represented a client of the Immigration Clinic. The client was born out-of-wedlock, in the Philippines, to a U.S.-born Marine stationed there and his mother, a native of the Philippines. His father was re-deployed outside of the Philippines and eventually lost contact with his son. The client came to the U.S. as a small child after his mother married a U.S. Citizen. As an adult, the client was convicted of an assault crime against his sister's abusive ex-boyfriend and was subsequently convicted and ordered removed to the Philippines.
The Immigration Clinic contacted the client's father and gathered evidence to show that their client had acquired citizenship through his father. The judge, however, believed that his father had never legitimated his son, citing the stringent 1986 Legitimacy Act. On appeal, the Clinic argued that the legitimacy law should not be applied retroactively to children who were legitimated prior to its enactment.
The Clinic was victorious and their client was released on January 19, 2007, after nearly four years in immigration custody. The client grew up in Winters and Vacaville and has two small children in West Sacramento. He had not seen his children during the four years of his detention.
The Immigration Law Clinic was established in 1981 by the School of Law. The year-round clinic provides community education, free legal services to low income immigrants facing deportation, and a clinical legal education for law students.
Immigration Clinic
The Immigration Clinic contacted the client's father and gathered evidence to show that their client had acquired citizenship through his father. The judge, however, believed that his father had never legitimated his son, citing the stringent 1986 Legitimacy Act. On appeal, the Clinic argued that the legitimacy law should not be applied retroactively to children who were legitimated prior to its enactment.
The Clinic was victorious and their client was released on January 19, 2007, after nearly four years in immigration custody. The client grew up in Winters and Vacaville and has two small children in West Sacramento. He had not seen his children during the four years of his detention.
The Immigration Law Clinic was established in 1981 by the School of Law. The year-round clinic provides community education, free legal services to low income immigrants facing deportation, and a clinical legal education for law students.
Immigration Clinic