Summer 2008

The Newsletter of

615 Second Ave.Suite 400

Seattle, WA 98104

121 Sunnyside Ave.2nd Floor

P.O. Box 270Granger, WA 98932

1208 S. 10th St. Tacoma, WA 98405

1405 S. Pioneer WayMoses Lake, WA 98837

web: www.nwirp.org

In This Issue

SAVE THE DATE! SEPT. 13 IS

NWIRP’S GALA Page 6•••

NINTH CIRCUITPUBLISHES TWO

NWIRP VICTORIESPage 5•••

NWIRP SALUTESMARGARET GAFFNEY

Page 3•••

On behalf of the Board of Directors I am pleased to announce Jorge L. Barón as the next Executive Director of Northwest Immigrant Rights Project. The appointment follows an extensive nationwide search conducted with the assistance of Management Information Exchange (MIE). Jorge’s obvious passion for NWIRP’s mission and clientele, his strong legal background, and his deep roots in the immigrant community make him an excellent long-term fit for the position.

Most recently, Jorge has served as a staff attorney in NWIRP’s domestic violence unit providing immigration legal services to survivors of domestic violence. He has also served as interim Supervising Attorney for NWIRP’s Tacoma office where Jorge first worked as a staff attorney upon joining NWIRP. There he worked with individuals detained at the Northwest Detention Center, providing direct representation to clients in removal proceedings and conducting presentations, intakes, and other work as part of the Legal Orientation Program.

Before joining NWIRP, Jorge was an attorney serving as the Arthur Liman public interest fellow at New Haven Legal Assistance Association (NHLAA) in New Haven, Connecticut. Prior to New Haven Legal Assistance Association, Jorge served as a law clerk to 9th Circuit Court of Appeals Judge Betty Fletcher.

A native of Colombia, Jorge came to the U.S. with his family as a young teen. Jorge received his law degree from Yale Law School and his B.A from Duke University. He lives in Seattle with his wife Tyler Crone and their two children. Please join us in welcoming Jorge in his new role at NWIRP!

Martine Pierre-Louis, President, Board of Directors • Northwest Immigrant Rights Project

NWIRP ANNOUNCES NEW ExECUTIvE DIRECTOR

Please join us in congratulating Matt Adams, Legal Director of Northwest Immigrant Rights Project, as he has been selected as the recipient of this year’s Jack Wasserman Memorial Award by the American

Immigration Lawyers Association (AILA). The Wasserman Award is a prestigious national award given by AILA in recognition of “excellence in litigation in the field of immigration law.” Matt will receive the award at the AILA Annual Conference in late June. In receiving this recognition, Matt joins a distinguished group of individuals who have been acknowledged as exemplary practitioners in the field of immigration law.

Matt also recently received the WBSA Access to Justice Board’s Leadership Award presented at the Access to Justice Conference.

Thank you for all of your outstanding work in advancing immigrant rights Matt!

MATT ADAMS WINS NATIONAL AWARD FOR ExCELLENCE IN LITIGATION

Summer 2008Page 2 The Immigrant Advocate

Martine Pierre-Louis, ChairVicky Dobrin, Vice-ChairJosh Gaul, SecretaryTruong Tang, TreasurerSandra Aguila-SalinasChristopher BlackRuben Garcia FernandezBeth PetermanCarrie Valladares

Jorge L. BarónExecutive Director

SeattleMatt AdamsJennifer N. BrownMiriam CervantesAngélica CházaroStella Essi DokeySigne DortchSofia GodinezKevin HaagOmar HaggagEmily HeadingsRita HeapesKristen KussmannCarolina Martinez

Jenny MashekFrançoise MaxieDiana MollerMichelle MuriMozhdeh OskouianGinna OwensDaniel PérezRachel RubensteinGilberto SalasChris StrawnJordan Wasserman

InternsClaudia AntuñaLiz BoothMana Borenstine Sarah Chaplin

Eustace Mazila Allison NackelBeverly UnderwoodZengzhong ‘Paul’ Zhou

GrangerSoren RottmanDirecting Attorney

Diana AlvarezMargaret GaffneyNorma GutierrezErik Noel NelsenIrma RamosMartha RickeyAdela Ruiz

Boar

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Dire

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Staf

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www.nwirp.org

InternRodolfo Meza

TacomaMelissa Campos AvelarVirginia ColeBetsy TaoJ. Alejandro VillacortaValerie Zukin

InternGuillermo Canché

Moses LakeDave Linn

After serving detainees in deportation proceedings for the past two years at NWIRP, I have had the opportunity to witness firsthand the overwhelming need for NWIRP’s services. I have seen the toll of our current immigration policy on the immigrant community but I have also seen the energy and commitment of NWIRP’s attorneys, legal advocates and administrative staff rise to the challenge in an attempt to meet the need for our services. Today, I am honored to join NWIRP in a new capacity – that of Executive Director.

These are challenging times for the immigrant community. A New York Times editorial recently stated that we are in the midst of “The Great Immigration Panic,” in which the federal government employs ever harsher tactics to enforce a system that virtually everyone agrees is broken. In many communities around the country, people who are confronted with the negative impact that immigration raids and other “enforcement” tactics are having on the immigrant community will say that it is a terrible thing but that there’s not much to be done: “it’s a federal issue,” they might say, or, “we can’t possibly have much of an impact”. Things have been different in our region, however. For more than two decades, people here in Washington have committed to do what they can to ensure that low-income immigrants will have a place to turn to when they need legal assistance with immigration matters. That place is Northwest Immigrant Rights Project; staff here work every day to demonstrate that there is a lot we can do in response to the Great Immigration Panic and that we can work together as a community to ensure that the rights of immigrants are respected.

We have much to be proud of and must recognize the incredible work that our community is doing on behalf of immigrants. But we also recognize that much more remains to be done. In 2007, nearly 90% of immigrants detained at the Northwest Detention Center in Tacoma did not have an attorney representing them in immigration court. NWIRP’s Domestic violence unit has more than 90 individuals on its waitlist. In virtually all areas of NWIRP’s work, the demand for our services greatly exceeds the resources available to provide assistance. With your support,

however, NWIRP will continue to protect the rights of immigrants in Washington State. We will continue to work every day to ensure that families are not split apart, that refugees are not returned to where they will face harm, and that individuals who have survived serious trauma will obtain the protections they deserve.

On behalf of our clients and the thousands of individuals we serve each year, thank you for your support of Northwest Immigrant Rights Project.

JorgeL.Barón,ExecutiveDirector•NorthwestImmigrantRightProject

NEW AT NWIRPNWIRP would like to welcome new staff. Welcome to: Kevin Haag as Office Manager of the Seattle Office, Omar Haggag as Legal Advocate for the Citizenship/Naturalization Program (Seattle Office), Rita Heapes as Bookeeper, Jenny Mashek as Staff Attorney in the Seattle Office, Dave Linn as Staff Attorney in NWIRP’s new Moses Lake Office (see page 4), Betsy Tao, Supervising Attorney in the Tacoma Office and Ginna Owens, as Development Director of NWIRP.

NWIRP also congratulates Jorge Barón, former Staff Attorney in his transition to Executive Director.

DEAR FRIENDS,

Summer 2008The Immigrant Advocate Page 3

One volunteer we would like to especially recognize is Margaret Gaffney, an attorney who has been a full-time volunteer in our Eastern Washington office in Granger for over three years.

Margaret came to NWIRP after her retirement from her position as State Administrative Law Judge in Seattle. Her proposal: that she work as a full-time volunteer attorney in our office for six months, in the nature of an externship: We teach her the work, and she would do it. Her objective: to work as an immigration lawyer in a non-profit setting, representing low-income non-citizens, with the intention of then continuing in the same type of work elsewhere. Her stated reason for pursuing this line of work: “That low-income non-citizens are a deserving, worthy, vulnerable, and under-served population, with rights important to us all, who add a great deal to our cultural heritage, and on whom the economy of the United States depends.” Margaret had prepared for her future work at NWIRP by taking a number of immigration law and poverty law courses and workshops, and learning the Spanish language during her last few years as an Administrative Law Judge.

NWIRP immediately agreed to Margaret’s proposal, as our office in Granger had both space for another attorney and plenty of work to share. Margaret’s knowledge and experience in the legal world would be an asset to our office. Early in her time with us, Margaret extended her six-month commitment to one year, and then to two years. She then bought a house in the area, but only after seeking and receiving assurance that if she bought a house nearby, she could work for us for as long as she wanted. Since she was a volunteer, we told her

she could have whatever type of cases she wanted. But she said she wanted the full menu of direct representation of clients: deportation defense, asylum, family visa cases, naturalization, vAWA, NACARA, TPS, and whatever else came along, and NWIRP was happy to oblige.

Margaret says she has never been happier than in her three years at NWIRP, and we know that she is definitely an asset to the office. She can be relied on to take all the sorts of immigration cases our clients present, and her expertise in employment law, administrative law, and in regulatory matters adds to her value in our office. Some of her own personal connections have resulted in substantial donations to our office. She refers to her clients as her “friends,” whom she notes are almost invariably cooperative in the preparation of their cases, and are very grateful for the legal assistance our office provides. Her positive reputation is not confined to the office and her clients. For example, at a recent Immigration Court hearing, the Immigration Judge mentioned his appreciation for Margaret’s advocacy style, stating, “I have always known you to be direct and straight to the point … I can’t tell you how much a relief it is to have a lawyer appear before me who is well-prepared, and simply right to the point.”

Margaret Gaffney, we salute you and all our volunteers, and on behalf of NWIRP and all our clients, we thank you for your commitment, your reliability, your generosity, and your invaluable work on behalf of the non-citizens (and new citizens) in our State, who add so much to our culture, and who have dignity and rights important to us all.

photo above: Margaret Gaffney stands with two clients

NORTHWEST IMMIGRANT RIGHTS PROJECT SALUTES vOLUNTEER

MARGARET GAFFNEY!

Northwest Immigrant Rights Project relies greatly not only on its staff but also on its volunteers: attorneys, legal assistants, psychologists, translators, social workers, office assistants, and others, whether they be long-term or short-term, occasional or frequent.

Northwest ImmIgraNt rIghts Project ‘s24th AnniversAry GAlA - september 13, 2008

DON’T MISS THIS OPPORTUNITY! GREAT SPONSORSHIP BENEFITS!

All sponsors receive exposure in NWIRP’s pre-event materials reaching almost 4,000 people, and the attention of more than 600 guests throughout the evening of the Gala.

$10,000 GOLDEN DOOR $5,000 DEFENDER$2,500 ADvOCATE $1,500 GOLDEN CIRCLE

Check out the full list of sponsorshipbenefits today. Learn more at www.nwirp.org.

Summer 2008Page 4 The Immigrant Advocate

vOLUNTEER ATTORNEY GREG ABBOTTGreg Abbott is a wonderful example of the dedicated attorneys who serve on NWIRP’s pro bono panel. Greg spent the bulk of his legal career as a corporate securities and intellectual property attorney and has also been an executive with several biotech companies. About 4 years ago, Greg decided to spend more of his time providing free legal services. Greg investigated several legal aid organizations, but was particularly drawn to NWIRP. Immigration law was of special interest to Greg because as a young attorney he had worked on a challenging pro bono immigration case and also because his wife is a first-generation immigrant.

In the past several years of volunteering with NWIRP, Greg has represented four immigrant survivors of domestic violence. Greg has helped four women gain status and overcome desperately violent situations. He feels that he has learned an interesting area of law and that gaining status makes a huge difference in his clients’ lives. According to Greg, “the most gratifying aspect of working with NWIRP has been seeing the dignity and unflinching perseverance demonstrated by clients who are often forced to live in deplorable circumstances.”

Greg has found that NWIRP does a great job of bringing volunteer lawyers up to speed on the issues and the law. Though Greg had little experience in immigration law, he attended NWIRP trainings and received all of the technical assistance he needed from NWIRP’s attorneys and support staff.

NWIRP salutes Greg and all of the other pro bono attorneys for their hard work and dedication to immigrant rights.

Citizenship Day 2008 took place on April 19 at eight sites across Washington State. At each location, volunteers provided legal assistance to lawful permanent residents who were eligible to naturalize. Despite hail and snowy weather, the event was a great success. A total of 270 individuals from nineteen countries were served and many finished the day with a completed application, ready to drop in a mailbox.

The American Immigration Law Association organized the event in collaboration with several community organizations including Northwest Immigrant Rights Project. NWIRP has been involved with Citizenship Day since its inception and this year a record number of staff and former staff volunteered their time at the event. NWIRP would like to recognize and thank Carolina Martinez, NWIRP Legal Advocate, Staff Attorney Kristen Kussmann, Staff Attorney Diana Moller, Staff Attorney Alejandro villacorta and Staff Attorney Melissa Campos Avelar for volunteering at the event. In addition a special thanks to Legal Advocate Rachel Rubinstein, who aside from volunteering day-of, was a member of this year’s planning committee. Former NWIRP attorney Andrea Crumpler was also on the planning committee serving as volunteer coordinator for the event and former staff Maria Higuera, Candelaria Murillo, Samara Hakim and Kristen Kyrka all volunteered for the event.

While naturalization applicants already have legal status in the United States, becoming a citizen brings important benefits. Among them, citizens are eligible to vote and to hold public office. They also have more freedom to travel outside of the United States and may become eligible for certain public benefits.

Continued participation in Citizenship Day is part of NWIRP’s commitment to provide low-fee legal services to those in need.

In May, Northwest Immigrant Rights Project opened its fourth office in Moses Lake, Washington. The office co-located with Columbia Legal Services and Grant-Adams, volunteer Legal Services houses NWIRP staff attorney Dave Linn. Another attorney will join Dave by the end of the summer. The Moses Lake office will help us better serve the immigrant community residing in Eastern Washington and NWIRP is grateful for the support of the Legal Foundation of Washington and the Campaign for Equal Justice making this new office a reality.

CITIZENSHIP DAY 2008

NWIRP OPENS OFFICE IN

MOSES LAKE

Summer 2008The Immigrant Advocate Page 5

NWIRP joined forces with the ACLU Chapter of Washington State and Pro Bono Attorneys Rita Latsinova and Al Day from the law firm of Stoel Rives to file a class action challenging the government’s failure to comply with the law in adjudicating naturalization applications. This class action covers individuals throughout the Western District of Washington State who have applications to become citizens pending for over two years. All class members have already passed FBI fingerprint checks, demonstrating that they do not have disqualifying criminal convictions. They have also completed all requirements, including passing the oral and written citizenship tests. Nonetheless, they have not received any decision on their application because USCIS refuses to move forward on these applications without receiving an additional FBI “namecheck.” The problem is that this additional “namecheck” often drags on for years.

However, the governing statute and regulations make very clear that the government is obliged to render a decision on naturalization applications within 120 days of the person’s interview. Yet, in Western Washington alone, hundreds of lawful permanent residents have had their dreams placed on hold for years waiting for the government to finish adjudicating their applications to become U.S. citizens. Across the nation literally thousands of individuals are stuck in this situation without any practical remedy.

The government’s failure to act on these applications according to the timelines laid out in the law has prevented the applicants from being able to vote. In addition, it has prevented applicants from obtaining employment in many government and government contracted jobs, and has also prevented them from traveling without restrictions. Perhaps most drastically, in some cases it has prevented families from being reunited (as U.S. citizens have greater rights in the family visa process).

On April 25, 2008, the federal judge granted our motion to certify a district-wide class, affecting at least 300 individuals in Western Washington. The judge also issued an order denying the government’s motion to dismiss or remand the individual cases to USCIS. Several similar motions for class certification have been filed around the country, but this was the first class certified by a federal court. Already the government has agreed to an order that more than 70 of the cases will be adjudicated within the month. We also filed a motion for summary judgment on behalf of the remaining class members, asking the judge to order USCIS to complete all of the adjudications within 60 days of the order.

On May 22, 2008, the Ninth Circuit Court of Appeals ruled in favor of NWIRP on behalf of their client who had been ordered removed to Mexico. In Mandujano-Real v. Mukasey, -- F.3d – (9th Cir. 2008), in an issue of first impression, the Court ruled that an identity theft conviction does not qualify as an aggravated felony theft conviction for immigration purposes because the elements of the identity theft statute encompass many forms of conduct that do not fall under the common law definition of theft.

The Court also clarified that it was not appropriate to remand the case to the BIA where the BIA’s interpretation was not entitled to deference and the BIA already had an opportunity to address the issues presented. Finally, the Court reconfirmed that the government may not rely upon an individual’s concession of removability that is incorrect as a legal matter. In this case, the petitioner was a thirty-three year old man who moved to the United States when he was only six. The fact that his crime does not qualify as an aggravated felony means that he will now have the opportunity to submit an application for cancellation of removal to the Immigration Court in order to determine if he should be permitted to remain in this country with his family.

This case came on the heels of another published decision by the Court of Appeals earlier in the year, ruling in favor of NWIRP’s client. In Suazo-Perez v. Mukasey, 512 F.3d 1222 (9th Cir. 2008), the Court held that the Immigration Judge and Board of Immigration Appeals erred in finding that the petitioner’s misdemeanor conviction for assault constituted an aggravated felony as a crime of violence, rendering him subject to automatic removal despite his lawful permanent resident status. The petitioner had pled guilty to misdemeanor assault only to find himself placed in removal proceedings, in jeopardy of being forever separated from his U.S. citizen wife and children. But based upon the Court’s ruling, the petitioner (and others in similar situations) will be able to remain in the United States.

NINTH CIRCUIT PUBLISHESTWO NWIRP vICTORIES! NINTH CIRCUIT PUBLISHESTWO NWIRP vICTORIES!

CLASS ACTION ON NATURALIZATION BEFORE THE FEDERAL DISTRICT COURT

Nonprofit Org.U.S. Postage

PAIDSEATTLE, WAPermit No. 4659

Northwest Immigrant Rights Project615 Second Avenue, Suite 400Seattle, WA 98104

RETURN SERVICE REQUESTED

UPCOMING EvENTS:

check out our website:www.nwirp.org for more details!

July 15ASYLUM 101, AND WORKINGWITH DETAINED CLIENTS,SPONSORED BY NWIRP

September 13NWIRP’S 24TH ANNIVERSARY GALA

Please join NWIRP and friends on September 13th, for a wonderful evening of live music, auctions, awards and dancing! All proceeds to benefit the work of Northwest Immigrant Rights Project: Providing comprehensive

immigration legal services and community education to advance the human rights and well-being of low-income immigrants and refugees.

General Admission $100, VIP $150

sAve the DAte:

sAturDAy,

september 13th,

2008

Northwest ImmIgraNt rIghts Project ‘s

24th AnniversAry GAlA

Find out more at www.nwirp.org! Save the date postcard and invitation to your mailbox soon! To sponsor NWIRP’s 24th Anniversary Gala or to find out more, contact Michelle Muri, 206-957-8335 or michelle@nwirp.org

Honorary Chair: Ada Shen-Jaffe

Co-Chairs: Dr. Richard Kovar | Rubén García Fernández

Golden Door Awardee:Jana Heyd, Society of Counsel Representing Accused Persons

Amicus Awardee:Williams Kastner

Special Recognition:Michele & Jack Storms