Amicus Briefs

In this section you will find several amicus briefs submitted by ASISTA and other national organizations in support of survivors of crime of violence.

    Amicus Briefs/U Visa Cases

    Amicus Brief filed at the 9th Circuit on Sanchez-Sosa (November 4, 2019)

    Many thanks to fellow authors: Brigit Greeson Alvarez and Victoria Bonds (intern extraordinaire) from LAFLA.Click here to download the Amicus Brief in Word version

    Amicus Brief Seeking Reversal of Immigration Judge's Failure to Implement Matter of Sanchez-Sosa  (July 15, 2019)

    ASISTA, along with Freedom Network USA,  Immigration Center for Women and Children, and the Tahirih Justice Center, submitted an amicus brief on continuances on U visa cases. Click here to download the Amicus Brief in Word version

    Many thanks to fellow author: Nareeneh Sohbatian from Winston & Strawn, LA.  

    7th Cir. Amicus Brief on Sanchez Sosa Continuance Issues (February 19, 2019)

    ASISTA, along with the Asian Pacific Institute on Gender-Based Violence, Casa de Esperanza, Futures Without Violence, National Alliance To End Sexual Violence, and the Tahirih Justice Center, submitted an amicus brief in the 7th Circuit Court of Appeals regarding how just must follow the guidelines outlined in the 2012 BIA case Matter of Sanchez Sosa, and how failing to do so contravenes the protections in found in the Violence Against Women Act. We are grateful to and for the tremendous effort of Greenberg Traurig in Chicago, IL for their pro bono representation. Special thanks to Greg Ostfeld, Brian Straw, Symone Shinton, Christopher Mair and Pamela Ickes. Click here to download the 7th Cir. Amicus Brief in Word version

    Amicus Brief on Direct Victim Definition (April 23, 2018)

    Here is the amicus brief we filed to the AAO with Her Justice and ICWC, Debevoise & Plympton doing the heavy lifting (and excellent crafting) for us. Thanks to all involved, great job!. Click here to download the Amicus Brief on Direct Victim Definition in Word version.

    We suggest you use this framework when making your "not-obvious" victim arguments.  

    AAO Decision: AAO Adopts (and remands) for Category Approach to Felonious Assault? (May 15, 2018)

    The AAO seems to have paid attention to our amicus arguments on U visa crimes as "categories" in their decision in the case in the case underlying our amicus, see attached redacted decision and the amicus. We will beed to keep pushing this is framework, however, so please continue using the arguments in the amicus when arguing crime categories. We do not, for instance, agree that the DV category contemplates only the facts involving decision  relationships; many crimes are DV depending on the facts of the crimes, not just the relationships. One step at a time, thought! Note that the amicus strategy seems to work (gets their attention), so if you have a case that is likely to go up to the AAO on that issue that seems intractable at VSC, please let us know early in the process so we can round up a firm and organize the arguments we should all be using. Congratulations and thanks to Yasmine Farhang (and Deisy) who worked on the brief in chief, to ICWC for joining and helping us craft the arguments, and to Jennifer Colyer & Daniel Fishbein at Fried, Frank, Harris, Shover & Jacobson for their excellent work on the amicus brief!

    Amicus Brief in the AG Certification of Matter of L-A-B-R Regarding Continuances in Immigration Court (May 2, 2018)

    ASISTA, along with Asian Pacific Institute On Gender-Based Violence, Casa De Esperanza, Freedom Network USA, Futures Without Violence, National Alliance To End Sexual Violence, National Coalition Against Domestic Violence, Sanctuary For Families, Tahirih Justice Center, and Washington State Coalition Against Domestic Violence, submitted an amicus brief in the Attorney General certification of Matter of L-A-B-R- regarding the need for continuances in immigration court and that curtailing the ability of judges to grant continuances undermines the protections in VAWA. We are grateful to and for the tremendous efforts of Jeanne Barenholtz and Kara Steger at Garvey Schubert and Barer, P.C. for their pro bono representation in this effort. Click here to download the Amicus Brief in Word version.

    Amicus Brief to AAO on Category (February 27, 2018)

    Congratulations and thanks to Yasmine Farhang (and Deisy) who worked on the brief in chief, to ICWC for joining and helping us craft the arguments, and to Jennifer Colyer & Daniel Fishbein at Fried, Frank, Harris, Shiver & Jacobson for their excellent work on the amicus brief!

    Amicus Brief on Bona Fide EAD for U Applicants (October 27, 2017)

    Amicus brief filed by ASISTA Immigration Assistance, the Tahirih Justice Center, the National Center on Domestic and Sexual Violence, the Asian Pacific Institute on Gender-Based Violence, the National Network to End Domestic Violence, the National Violence Hotline, Freedom Network USA, the National Immigration Project of the National Lawyers Guild, the Coalition to Abolish Slavery & Trafficking, Casa de Esperanza, and the National Resource Center on Domestic Violence. Click here to download the Amicus Brief in Word version.

    Many thanks to Celso Perez and Kurzban, Kurzban, Weinger, Tetzeli & Pratt for crafting the brief for us, to Julie Carpenter of Tahirih Justice Center and our other core group drafters, and to all the organizations that signed on.

    Amicus Brief NDC (March 22, 2017)

    Proposed Brief for Tahirih Justice Center at al. Amicus Curiae in Support of Plaintiff's Motion for Preliminary Injunctions.

    Amicus Brief to the Supreme Court - Castleman (December 23, 2013)

    Amicus brief filed by ASISTA Immigration Assistance, the Immigrant Defense Project, the Immigrant Legal Resource Center, the National Immigration Project of the National Lawyers Guild, and the Washington Defender Association in Support of Respondent.

    Amicus Brief on U Visa as Admission (May 9, 2016)

    This is an amicus brief submitted by AIC, AILA, ASISTA, APIGBV, CLINIC, and other national advocacy organizations discussion whether a U visa constitutes an admission under the INA.

    Amicus Briefs U Visas Cases in Proceedings (d)(3) Waivers

    Amicus Brief Baez-Sanchez 7th Circuit (March 13, 2017)

    Amicus brief filed by Americans for Immigrant Justice, ASISTA, Asian Pacific Institute on Gender-Based Violence, End Domestic Abuse Wisconsin, Freedom Network USA, Illinois Coalition Against Domestic Violence, Indiana Coalition Against Domestic, and the National Network to End Domestic Violence. Click here to download the Amicus Brief Baez-Sanchez in Word version.

    Counsel of record is a senior counsel at Davis Polk & Wardwell LLP. Associates at Davis Polk & Wardwell LLP also assisted in the preparation of this brief. Attorneys with the Stanford Law School Immigrants' Rights Clinic and the non-profit entities Community Legal Services in East Palo Alto and Sanctuary for Families further assisted in the preparation of this brief.

    Amicus Brief Sunday (November 7, 2016)

    Amicus brief in support of petition for rehearing or rehearing en Banc filed by Sanctuary For Families, ASISTA Immigration Assistance, New Jersey Coalition to End Domestic Violence, Asian Pacific Institute on Gender-Based Violence, Tahirih Justice Center, the Pennsylvania Coalition Against Domestic Violence, Community Legal Services in East Palo Alto, the National Immigrant Women’s Advocacy Project, the Immigrant Defense Project, and Jayashri Srikantiah (collectively, “Amici”). Click here to download the Amicus Brief Sunday in Word version.

    Amicus Briefs/VAWA Self-Petitions

    Amicus Brief in the AG Certification of Matter of L-A-B-R Regarding Continuances in Immigration Court (May 2, 2018)

    ASISTA, along with Asian Pacific Institute On Gender-Based Violence, Casa De Esperanza, Freedom Network USA, Futures Without Violence, National Alliance To End Sexual Violence, National Coalition Against Domestic Violence, Sanctuary For Families, Tahirih Justice Center, and Washington State Coalition Against Domestic Violence, submitted an amicus brief in the Attorney General certification of Matter of L-A-B-R- regarding the need for continuances in immigration court and that curtailing the ability of judges to grant continuances undermines the protections in VAWA. We are grateful to and for the tremendous efforts of Jeanne Barenholtz and Kara Steger at Garvey Schubert and Barer, P.C. for their pro bono representation in this effort. Click here to download the Amicus Brief in Word version.

    Amicus Brief to AAO on VAWA Good Faith Marriage (February 2, 2015)

    ASISTA Amicus brief in support of applicant' appeal of the denial of her I-360 VAWA Self-Petition. Click here to download the Amicus Brief to AAO on VAWA GFM in Word Version.

    Amicus Brief to AAO on VAWA Good Faith Marriage (December 18, 2012)

    ASISTA Amicus brief in support of applicant' appeal of the denial of her I-360 VAWA Self-Petition. Click here to download the Amicus Brief to AAO on VAWA GFM in Word Version. 

    Amicus Brief, Leiva-Mendoza 8th Appeal Circuit (August 13, 2010)

    Amicus brief for the National Network to End Violence Agains Immigrant Women, Legal Momentum, the Family Violence Prevention Fund, and ASISTA Immigration Assistance Project, discusses extreme cruelty in the form of children witnessing abuse in the home, providing the history and purposes of VAWA as context and social science background.

    Amicus Briefs/VAWA Cancellation

    Amicus Brief of the NNEVAIW, Legal Momentum, FVPF, and ASISTA Immigration Assistance for the 8th Circuit (April 22, 2011) 

    Amicus brief of the NNEVAIW, Legal Momentum, FVPV, and ASISTA Immigration Assistance in support of respondent's appeal on remand from the United States Court of Appeal for the Eight Circuit.

    Amicus Brief Sanchez vs AAO, Requesting the Court to Reverse the BIA Determination and Remand the Case for Consideration of Petitioner's VAWA Cancellation Application for the 7th Circuit (November 8, 2006)

    Amicus brief submitted by the National Network to End Violence Agains Immigrant Women, written by Davis R. Fine, Kirkpatrick & Lockhart Nicholson, Graham LLP, Harrisburg, PA.

    Amicus Briefs & Decisions on Extreme Cruelty

    Decision Brief Luis-Hernandez, 9th Circuit Appeal (July 2013)

    The seminal VAWA case in the 9th circuit, articulating the broad definition of extreme cruelty and the ameliorative purpose of the law.

    Amicus Brief Luis-Hernandez, 9th Circuit Appeal (October 2012)

    The seminal VAWA case in the 9th circuit, articulating the broad definition of extreme cruelty and the ameliorative purpose of the law, written by Thomas C. Means and Valerie Hinko, Crowell & Moring, Washington, D.C.

    Amicus Brief Leiva-Mendoza, 8th Appeal Circuit (8/13/2010)

    Amicus brief for the National Network to End Violence Against Immigrant Women, Legal Momentum, the Family Violence Prevention Fund and ASISTA Immigration Assistance Project, discusses extreme cruelty in the form of children witnessing abuse in the home, providing the history and purpose of VAWA as context and social science background.

    Decision Brief Lopez-Umanzor, 9th Circuit Appeal (May 2005)

    The seminal VAWA case in the 9th circuit, articulating the broad definition of extreme cruelty and the ameliorative purpose of the law.

    Amicus Brief Lopez-Umanzor, 9th Circuit Appeal (July 2004)

    The seminal VAWA case in the 9th circuit, articulating the broad definition of extreme cruelty and the ameliorative purpose of the law, written by Associate Director Gail Pendleton and submitted by the National Immigration Project of the National Lawyers Guild, Boston, MA.