RMIAN Cases in Need of Pro Bono Attorneys
The following individuals are detained and in need of pro bono representation:
1. Full Merits Case: IVA is a 31-year-old native of Peru. She is gay and came to the United States to be with her partner. Upon arriving in the U.S. her partner became very abusive towards her. IVA suffered abuse over the course of two years. Although she was eventually able to move away, her partner continued to pursue her. After an incident between the two, IVA was arrested for domestic violence. The case is still pending in Arapahoe County. Despite having no criminal convictions and no criminal history other than a pending charge, IVA was denied bond. She fears return to Peru because of her sexuality and because she fears her partner’s family that resides in Peru will retaliate against her.
IVA is eligible for withholding of removal and protection under the convention against torture. Her next hearing before the immigration court is scheduled for October 19, 2017 at 9:00 am before Judge Carbone at the Aurora Detained Court.
2. Humanitarian Parole: KAF is a 24-year-old native of Honduras and is currently six months pregnant. She received an in absentia removal order in 2014 after she attempted to change venue but was unsuccessful because she did not have legal representation. She and her husband were arrested by immigration officials in September, leaving no one to care for their five-year-old son. KAF’s husband was subsequently deported. When she entered the detention facility, KAF was put into medical segregation (similar to solitary confinement) for four days after arriving at the detention center. She reports that she is forced to clean the detention center one day a week even though she has asked the officers not to assign her a cleaning shift due to her pregnancy. KAF’s 5-year-old son is currently staying with a babysitter because he does not have a family member who is able to care for him.
RMIAN is seeking an attorney to help KAF get released on Humanitarian Parole so that she may be reunited with her son.
The following children and families are not detained and in need of pro bono attorneys to represent them in their cases:
1) Asylum KPM is a 29-year-old native of Honduras. She and her 8-year-old daughter fled Honduras to flee KPM’s abusive partner, the father of MYP. KPM’s father physically abused her and forced her to have sex with him. In 2013, KPM tried to escape from her partner, but he forced her to come back to him. KPM tried to call the police, but they refused to do anything to help her. KPM’s partner then started to threaten to take MYP away from her. In 2016, KPM was beaten so badly that she had to go to the hospital. She tried again to contact the police, but they would not do anything to help. Fearing for her life, KPM took MYP and fled Honduras.
On their way to the United States they came into contact with a woman who told them she could help them cross into the United States. KPM and MYP were taken to a warehouse. KPM was forced to have sex with 3-4 men a night and the kidnappers indicated that they planned to sell MYP. When they were being transferred to another warehouse, KPM and MYP were able to escape. They crossed the border and were found by immigration officials.
KPM is eligible for asylum based on past persecution by her partner and her fear of future persecution. MYP is eligible for asylum as a derivative on KPM’s asylum application. RMIAN is currently screening KPM and MYP further to determine if they are also T visa eligible. Their next hearing before the immigration court is scheduled for October 4, 2017 at 1:30pm. Their application for asylum must be filed with the court by December 23, 2017.
2) U-Visa MSM was the victim of sexual abuse at the hands of her uncle. MSM reported the crime to the police and was helpful in the investigation and prosecution of the crime. She therefore is eligible for a U-Visa. The Denver Police Department signed a Law Enforcement Certification on July 14, 2017, confirming MSM’s victimization and cooperation. That certification is valid for six months from the date of signature. Thus, MSM’s Petition for U Nonimmigrant Status must be receipted by the Vermont Service Center prior to January 14, 2018. SMS entered the United States without inspection, so she will need to file an I-192 application to waive this and any other grounds of inadmissibility.
3) U-Visa MCP was the victim of domestic violence at the hands of her partner. MCP reported the crime to the police and was helpful in the investigation and prosecution of the crime. She is therefore eligible for a U-Visa. The Denver District Attorney’s Office signed a Law Enforcement Certification on July 27, 2017, confirming MCP’s victimization and cooperation. That certification is valid for six months from the date of signature. Thus, MCP’s Petition for U Nonimmigrant Status must be receipted by the Vermont Service Center prior to January 27, 2018. MCP has two minor children who are eligible for derivative U-nonimmigrant status.
4) SIJS KMB is a 16-year-old boy from Honduras. He was abandoned by his father and neglected by his mother who forced him to quit school and work from a very young age. KMB fled Honduras when gangs started threatening to kill him if he didn’t join them. He is SIJS eligible based on the abandonment and neglect he suffered by his parents and because it is not in his best interests to be returned to Honduras. He is currently living with his aunt in Denver County who needs representation to file a petition for allocation of parental responsibilities over KMB. KMB needs representation to file for SIJS and potentially asylum with USCIS, as well as representation before the Denver Immigration Court in his removal proceedings.