ASYLUM & IMMIGRATION

Efforts for Afghan Refugees Remain Strong a Year Following Taliban Takeover

When the United States withdrew the last of its troops from Afghanistan in 2021 and the Taliban regained control of the country, many Afghans attempted to flee. Since then, Jenner & Block has mobilized cross-office teams to bring refugees to safety. We have taken on hundreds of individual cases, including several Afghan humanitarian parole cases, and partnered with different organizations to represent Afghan refugees in their Applications for Asylum and for Withholding of Removal. More than a year later, our clients continue their search for better lives.

Among those clients were four women who were part of a cohort of university students. Fearing for their safety and futures, they caught one of the last flights out of Kabul with little more than the clothes on their backs just as the city fell. They are now restarting their college careers—and lives—at Arizona State University, where they hope to continue their education. One dreams of becoming a civil engineer; another plans to work in finance and, after graduation, start a foundation to help others in need; another hopes to find a job in data analytics; while our final client hopes to become a journalist. Jenner & Block lawyers helped the women file their asylum applications and prepare them for their interviews. In a true collaborative effort across our offices, the different teams included Partner Michael Ross and Associates Jonathan Steinberg and Jessica Sawadogo; Partner Reid Schar and Associate Sophia Cai; Staff Attorney Michael DeMar, Associate Emily Merrifield, and former Partner Gay Sigel; Associate Zach Cohen, who led the efforts for his client and has set the case up for success, and Partners Laurie Edelstein and Todd C. Toral.

Zach and Todd are also representing an alumnus of the American University of Afghanistan who is now a senior at a private US military college majoring in international business. Law Clerk Laura Koeller is supporting that team.

Jenner & Block lawyers also partnered with organizations such as the Scholars at Risk (SAR). Sarah Weiss led the team that brought an Afghan family of six, forced into hiding for a year, to the US. One member of the family was invited to a one-year fellowship at Harvard. Sarah also worked with SAR to find opportunities for the other members of the family and secured temporary housing for the family in Boston. Supporting this effort were Partner Reid Schar, former Associate Johanna Oh, Partners Ishan Bhabha, Rachel Alpert, Debbie Berman, Shoba Pillay, and Gregory Boyle, and Law Clerk Tomi Johnson.

Associate Sara Cervantes - supervised by Partner Debbie Berman - led a separate case to secure humanitarian parole for an Afghan family that included a widow and her six children. In October 2021, the team began helping the family with their humanitarian parole application, but in February 2022, the widow and her two youngest daughters were murdered in their home by the Taliban, which forced the surviving children into hiding. The siblings were extracted to a third party country to await approval of their humanitarian parole applications. After providing proof of their inability to return to Afghanistan and the impossibility of their continued presence in the third party country, their applications were expedited and approved in early November 2022. The siblings arrived safely in the US a week later. The team also included Paralegal Kevin Garcia.

Lawyers in our London office continue to represent individuals who were forced to flee Afghanistan in the wake of the US military withdrawal, fearing for their lives and those of their families. This includes the case for an Afghan judge who was refused an asylum claim. The team has worked with the client and her family on witness statements tackling numerous emotionally difficult issues and lodged an appeal in November against the Home Office’s decision. Special Counsel Lucy Blake leads the case with support from Special Counsel Michaela Croft, Associates Karam Jardenah, Sol Gelsomino, and Johnny Robb, Paralegal Neha Patel, and Legal Secretary Lee-Ann Drotsky.

As part of UK Pro Bono Week, Lucy reflected on the large-scale humanitarian crises that demand a sustained amount of legal support in an article for the Law Society Gazette. “Even as the challenges and setbacks mount up; as the media reports subside; as another crisis unfolds and priorities shift, people’s lives continue to be impacted,” she said.

Finally, the firm is partnering with IRIS-Integrated Refugee & Immigrant Services to bring asylum claims for Afghan refugees who were evacuated along with their families. This team includes Partners Jacob Alderdice, Susan Kohlmann, and Gianni Servodidio, Associates Tae Kim, Allison Douglis, and Jackie Carrero, and Law Clerk Alex Ryshina.

West African Woman Cries for Joy When She Wins Asylum after Five Years

A woman who fled her West African home saw her life change when she was finally granted asylum after nearly five years.

She is named “C.” and she was a nurse and humanitarian worker who worked with people displaced by the violence of the Nigerian terrorist group Boko Haram. After C. refused to steal food for Boko Haram from the camp where she was working, the terrorists assaulted her and kidnapped her children, threatening to kill them.

Leaving her children behind, C. fled to the United States. In 2018, firm lawyers partnered with in-house counsel at McDonald’s and the National Immigrant Justice Center (NIJC) to take on C.’s case. The team overcame language and technological barriers to secure declarations from several fact witnesses and experts to support her asylum case. On October 24, 2022, we successfully argued before Judge Kaarina Salovaara that C. deserves asylum. C. broke down in tears of joy when the judge announced her decision. She hopes to have her children join her in the near future.

The team included Pauline Levy, Senior Counsel from McDonald’s. From Jenner & Block, the team included Partners Wade Thomson and Rémi Jaffré, Paralegal Thomas Scholtus, and Legal Assistant Sue Durkin. Associates Jessica Sawadogo and Jacob Wentzel assisted with translations. Former Associate Vaishalee Yeldandi and former Staff Attorney Anthony Nguyen were also part of the team.

Collaboration with Clients Yields Results for DACA Recipients

DACA recipients who sought to remain in the United States found the support they needed from dedicated lawyers at Jenner & Block and our corporate clients.

Throughout 2022, we collaborated frequently at clinics that helped individuals renew their status under the federal Deferred Action for Childhood Arrivals, or DACA program. With renewal, these clients could remain in the US to complete their studies and/or provide for their families without the fear of deportation.

In February, for example, firm lawyers and client Cboe hosted a series of such clinics. Within two months, eight people received their renewals from the United States Citizenship and Immigration Services. The Jenner & Block team included Partners Gregory Boyle, Reid Schar, Coral Negron, Rachel Alpert, Michelle McAtee, Peter Rosenbaum, and Sheila Kailus, and Associates Molly Piazzi, JX Quek, and Emily Merrifield. The Cboe team included Jenny Golding, Jordan Newmark, Caroline Acosta, Adam Kreis, Kyle Edwards, Jamie Leberis, Nick Still, Katie Mikulak, and Art Reinstein.

“Partnering with Jenner & Block on DACA clinics has been a wonderful opportunity for our counsel,” said Patrick Sexton, Executive Vice President and General Counsel. “Cboe has deep roots in the community and facilitating these renewals is a way for us to really make a difference in the lives of young Chicagoans.” 

We received similar results through our partnerships with Abbott Laboratories and Schneider Electric. In October, Jenner & Block and these two corporate clients supported legal aid partner National Immigrant Justice Center (NIJC) in their DACA Renewal Clinic. In one clinic, the firm team and Abbott lawyers helped five clients renew their DACA applications. As of fall 2022, two have been approved for DACA for another two years and the clients have received their work authorization cards. The Jenner & Block team included Partners Dawn Smalls, Christopher Abbott, Brian Scarbrough, Coral Negron, and Joe Torres, Staff Attorney Pamela Marino-Giagkou, and Associate Lauren Watson. The Abbott team included Jordan Heinz, Wil Myers, Josh Tran, Tara Price, Val Eaton, and Rosario Guadarrama.

Working with Schneider, firm lawyers helped six clients renew their DACA applications. As of fall 2022, three have been approved for DACA for another two years and the clients have received their work authorization cards. The Jenner & Block lawyers who partnered with Schneider included Partners Peter Rosenbaum, Carla Weiss, Andrew Merrick, Matt Haws, and Rachel Alpert and Special Counsel Danny Chami. The Schneider team included Kimberlee Nauges, Joy Chen, Daniel Orrock, Lea Rigoutat, Leah Spiker, Sarah Lang, Kim Herman, and Patty Corey.

Partnership with National Immigrant Justice Center Results in Naturalization for Clients

Clients from many backgrounds and countries secured the dream of naturalization in 2022, thanks to firm lawyers and partnerships with nonprofits such as the National Immigrant Justice Center (NIJC) and corporate clients like Exelon and McDonald’s. Firm lawyers dedicated more than 60 hours last year to help these clients become US citizens and we are proud to share a few of their stories.

Aide Herrera Diego and Robert Bacette were sworn in as US citizens in March and April 2022, respectively. Aide came to the United States from Mexico while Robert emigrated from Haiti, both in pursuit of a better life. In this cross-office collaboration, Partner Mike McNamara prepared Aide’s application and Partner Howard Symons prepared Robert’s. Staff Attorney Michael DeMar prepped both clients for their citizenship interviews. Partner Wade Thomson supervised the partnership with lawyers from McDonald’s and the NIJC.

Originally from Mongolia, Batsaikhan Badarch’s case was referred to the firm through our partnership with the NIJC and Exelon. Again, a cross-office team supported this client. Partner Howard Symons supervised the team. Associate Jenna Conwisar played a key role in filling out Batsaikhan’s N-400 application. Associate Miguel Suarez Medina prepared Batsaikhan for the civics and reading vocabulary tests that are administered during the naturalization interview, prepared the client to answer questions about her eligibility for citizenship, and accompanied her to the naturalization interview. Staff Attorney Michael DeMar helped Batsaikhan prepare for her interview with the United States Citizenship and Immigration Services (USCIS) by playing the role of the USCIS officer in a mock interview.

Guatemalan client Rafael Brito Matom was referred to the firm though our partnership with the NIJC. His team included Partners Mark Davis and Wade Thomson and Staff Attorney Michael DeMar. They supported Rafael through his application and the civics and vocabulary assessments involved with the interview process.

Like Rafael, Valeria Jacome Fernandez was sworn in as a US citizen in November. Partner Howard Symons and Associate Marjorie Kennedy worked on Valeria’s application and prepared her for her interview. Staff Attorney Michael DeMar provided additional guidance and tips on what to expect during her naturalization interview. Valeria was the fifth client whom Michael helped to obtain US citizenship in 2022.

Teamwork Within Jenner & Block Results in Several Clients Winning Asylum

The clients hailed from across the globe and had little in common except for their goal to find a new home that promised freedom from persecution.

One client sought asylum after his arrest, detention, and torture in Cameroon due to his support of the Anglophone movement. A Jenner & Block team in Los Angeles secured his release on bond following his detention at immigration, while another team took over the case when the client moved to the Washington, DC area. On July 20, 2022, our client won asylum. He was represented by Associates Claire Lally and former Associate Urja Mittal; they were supervised by Partner Matthew Price and supported by Paralegal Adam Weidman.

In another case, Amasias Paau Choc and his son Pablo sought asylum after receiving death threats due to Amasias’ role in his village’s autonomous governing body in Guatemala. Amasias’ petition for asylum was presented before Judge Everett in Los Angeles Immigration Court in 2019, and the case lasted more than two years. The team’s first merits hearing was on March 12, 2020—just before the COVID pandemic resulted in stay-at-home orders nationwide. The team continued with virtual merit hearings before the court in late 2020 and 2021 and two in-person hearings in 2022. Before the trial concluded successfully in June 2022, government counsel determined not to oppose the asylum claim while the team presented country conditions testimony. Judge Everett granted asylum on the spot. Partner Kate Spelman and Associate Kristen Green led the team with key support from Associate Elizabeth Avunjian and Paralegal Alonso Ponce.

Another client had been persecuted in Ukraine in late 2014 for his sexual identity and was referred to Jenner & Block through the National Immigrant Justice Center. His asylum interview was expected to be scheduled for mid-2018 but was pushed back due to a Trump administration policy change. To win asylum, our team worked hard to prove that LGBTQ individuals in Ukraine still face violent persecution despite reforms implemented over the past several years. The client's petition was approved in July 2022. The client was represented by Special Counsel Matt Feldhaus, Staff Attorney Dimitry Halvorsen, and Chief Talent and Strategy Officer Charlotte L. Wager.

Amicus Brief Urges US Supreme Court to Consider Texas’ Judge-Shopping Strategy in High-Impact Immigration Case

Jenner & Block provided the US Supreme Court with important data and perspective on a troubling new trend of judge-shopping, getting the attention of the justices and garnering significant national attention.

At the core of US v. Texas is a Biden administration policy that directs immigration officials to prioritize the apprehension and deportation of three groups of noncitizens: suspected terrorists, people who have committed crimes, and those caught recently at the border. Texas and Louisiana challenged the policy and took their case to US District Judge Drew Tipton, who enjoined the immigration priorities directive and vacated it nationwide. The Biden administration asked the US Supreme Court to freeze Tipton’s order.

In an amicus brief filed on behalf of Professor Steve Vladeck of the University of Texas at Austin School of Law, the firm collected data demonstrating that Texas has hand-picked district court judges not only in this case but in dozens of others. The brief argues that “this case is a perfect example of Texas shopping for judges.”

The brief uses empirical methods to demonstrate that Texas repeatedly files lawsuits in judicial fora where the cases are certain to be assigned to a judge appointed by a Republican president, despite those venues often having little or no relationship to the underlying disputes.

“So why did Texas file this lawsuit in Victoria? Although the Southern District of Texas has 19 authorized judgeships—the fifth-most of any district in the country—the Victoria Division has exactly one district judge to whom new civil cases are assigned: Judge Drew B. Tipton, appointed in 2020 by President Trump. This lawsuit is one of five that Texas has filed against the Biden Administration in the Victoria Division which was then assigned to Judge Tipton. By filing this case in Victoria, Texas was able to select not just the location for its lawsuit, but the specific federal judge who would decide this case: a judge Texas likely believed would enjoin the guidance—and who in fact did so, even as another court has rejected similar challenges,” the brief observes.

The brief urges the Court to consider Texas’ judge shopping and ultimately reverse the district court and remand the matter to dismiss for lack of standing.

“As pertinent here, in considering the various public interests that weigh against affirming the district court’s nationwide injunction, this Court may decide that Texas’s blatant judge shopping counsels against the public interest, especially when, as here, there is no countervailing explanation for Texas’s litigation behavior,” the brief argues.

At oral argument on the case in November 2022, Justice Kagan picked up on the brief’s observations and asked the Texas Solicitor General about the state’s pattern of judge-shopping. A decision is expected by June 2023.

Partner Lindsay Harrison, Associate Sam Ungar, and Senior Paralegal Cheryl Olson collaborated with the National Immigration Law Center on the brief.