Immigration Clinic Wins Two More Cases
The Immigration Clinic was successful in Immigration Court, when the judge granted withholding of removal for a Nicaraguan client who was fleeing persecution. The client, the son of a prominent Nicaraguan political figure who played a key role in the Sandinista Junta, was not accepted by his father because of his sexual orientation. The client endured severe torture and persecution on the basis of his homosexuality and fled Nicaragua in the early 80s. He has lived in the United States since then as a lawful permanent resident.
The client is also mentally disabled. Law students Cassandra Lopez '08, Ruby Marquez '07, and Tanya Beserra '08 obtained expert testimony from a volunteer psychologist, who presented key evidence of the client's mental state, and provided the students with experience in presenting expert witness testimony in Immigration Court.
After testimony from the client, the trial attorney agreed the client merited withholding of removal. The immigration trial attorney waived her right to appeal and the client was released from custody November 8.
Class of 2008 students, Sarah Martinez and Wajahat Ali, were also successful in securing release from immigration custody for their client who was detained in Sacramento County Jail. The client is a Mexican-American man who is a great grandfather, grandfather, and father to United States Citizens. He has been incarcerated for over two years challenging his removability.
The judge had previously terminated his removal proceedings finding the client's criminal history did not render him deportable from the U.S. Despite having prevailed at the immigration court proceeding, the client languished in jail because ICE appealed the judge's decision. Nonetheless, Martinez and Ali wrote a compelling motion for custody redetermination arguing that detention is premised upon deportability and that further detention violated the intent of the mandatory detention statute, case precedent, and the U.S. Constitution. The judge agreed and ordered the client released on his own recognizance.
Congratulations also go to clinic supervising attorney, Ms. Holly Cooper '98, who wrote the main brief convincing the Immigration Judge to write an extremely compelling and firm ruling in the client's favor thus setting up the release.