"The Low Down on Low Bono" by Niloufar Khonsari

Published by PSJD-NALP on April 20, 2015.

The Low Down on Low Bono:
Identifying a Need and Starting up a Nonprofit Organization

While the government funds many important pro bono programs in the United States, low-income communities are still underserved in many legal service areas: housing, family, criminal justice, public benefits, immigration and more.  This article focuses on the gap in immigration and removal defense services in Northern California and how nonprofit organizations can sustain themselves while filling some of that gap.

More than 29,000 immigrants currently find themselves in court proceedings at the San Francisco Immigration Court.[1]  Nationally, there are over 431,000 immigrants in court proceedings. With increased deportations nationwide, there is a clear need for court and immigration defense services. Immigrants in removal proceedings need a lawyer because of the complexity of immigration law and the negative consequences of deportation. Also, many immigrants in the court process are eligible for relief or protection under existing laws, and they may have a pathway to citizenship.

Unfortunately, only a small percentage of immigrants have immediate access to legal counsel.  Private immigration attorneys can be prohibitively expensive. And most nonprofits, even in San Francisco, do not represent clients in complex removal proceedings. The key to this gap is providing access to counsel.

Pangea Legal Services (Pangea) is one example of an organization that was created to help bridge the access gap. While it hasn’t come without its challenges, Pangea created a low-fee, sliding-scale model that grew to five full-time employees between January 2013 and December 2014.  Low bono, or affordable fee models similar to Pangea are growing around the country in various areas of law, creating a financially viable avenue to fill the justice gap.[2]

To continue reading, click here.

 

Advocates must stand up for children

On November 14, 2014, the Daily Journal published an article written by Pangea attorneys, Niloufar Khonsari and Bianca Santos, discussing gang-based asylum claims for Central American children in removal proceedings.  "[W]hile gang-based cases are challenging, they are winnable and more lawyers must stand up for these children to ensure their lives are not lost to the complexities of the law."  Read the full article here.  

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NCCIJ Collaborative and Stanford Law Release Access to Counsel Report

Stanford, Calif., November 6, 2014—The Northern California Collaborative for Immigrant Justice (NCCIJ) and the Immigrants’ Rights Clinic at Stanford Law School released a report, analyzing the effect of attorney representation in immigration removal proceedings before the San Francisco Immigration Court. 

Pangea Legal Services is a contributor to the report and one of the members of the NCCIJ collaborative. 

 

Report Finds Immigrants Represented by Attorneys Three Times More Likely to Win Deportation Cases

 

The report focuses on immigrants whom the federal government locks up while their deportation cases are pending in San Francisco Immigration Court. These Northern California immigrants can be locked up for months or even years. The federal government generally takes the position that immigrants facing deportation—even those who are detained—are not entitled to attorneys unless they can pay for them or find someone to represent them for free. The report analyzes data obtained through the Freedom of Information Act, as well as a survey conducted by the Stanford clinic of all Northern California organizations that provide low- or no-cost representation to detained immigrants. The report concludes:

  • Detained immigrants with attorneys were three times more likely to win their deportation cases in San Francisco Immigration Court than those without attorneys.
  • Despite this fact, about two-thirds of detained immigrants have no legal representation at any point in their removal proceedings.
  • Many detained immigrants have family and community in Northern California. Over 50 percent of immigrants represented by the surveyed organizations had lived in the United States for at least 10 years or more, while 77 percent of the immigrants had family members living at home in the United States.

For more information, click here. 

 

CONTACT

Jayashri Srikantiah, Director, Immigrants’ Rights Clinic, Stanford Law School

(650) 724 2442 (w) or (415) 305 0794 (c)

Terry Nagel, Associate Director of Media Relations, Stanford Law School

(650) 723-2232 or (650) 678-7082

 

The following organizations are members of NCCIJ:

Alameda County Public Defender’s Office; API Legal Outreach; Asian Americans Advancing Justice-Asian Law Caucus; The Bar Association of San Francisco, Lawyer Referral and Information Service; Bay Area Legal Aid; Berkeley Law Policy Advocacy Clinic; California Immigrant Policy Center; Canal Alliance; Catholic Charities San Francisco; Center for Gender and Refugee Studies, U.C. Hastings College of Law; Central American Resource Center; Centro Legal de la Raza; Chinese for Affirmative Action; Community Legal Services in East Palo Alto; Dolores Street Community Services; East Bay Community Law Center; East Bay Sanctuary Covenant; Immigrant Legal Resource Center; Immigration Center for Women and Children; International Institute of the Bay Area; La Raza Centro Legal; La Raza Community Resource Center; Lawyers’ Committee for Civil Rights of the San Francisco Bay Area; Legal Aid Society of San Mateo County; Legal Services for Children; One Justice; Pangea Legal Services; San Francisco Public Defender’s Office; Social Justice Collaborative; Stanford Law School Immigrants’ Rights Clinic; Transgender Law Center; the University of California, Davis, School of Law, Immigration Clinic; and USF Immigration Clinic.

 

Pangea Launches 1st Immigration Clinic in the South Bay

Pangea is thrilled to announce its first immigration clinic in the South Bay! 

In partnership with the Sobrato Center and through the support of the Silicon Valley Community Foundation, Pangea attorneys will provide bi-monthly clinics in various parts of the South Bay for immigrants in removal proceedings.

Who: Pangea attorneys and volunteers 

What: Immigration consultations for immigrants in removal proceedings 

When: November 3, 2014 

Time: 8am-11am

Where: Sobrato Center, 330 Twin Dolphin Dr., Interior Bay C, Redwood City, CA 94065 

Stay tuned for more clinics upcoming! 

 

Pangea client, Ricardo, is released from detention after 9 months

About nine months ago, Pangea took on representation of the mother and father to an eight-year-old US citizen girl. Both parents were detained in different Texas detention centers after fleeing politically-motivated persecutions in Guatemala, including beatings, threats of death, and a targeted shooting.  Upon entry to the United States, they fell victim to trafficking, and witnessing a rape on the border. Pangea was successful in obtaining a low bond for the mother, reducing it from $7,500 to $1,500.  Pangea quickly succeeded in obtaining her release. However, the father, Ricardo, was detained by the U.S. Marshals for over three months on account of his status as a material witness to a crime. Following his transfer to ICE in May 2014, and with the representation of Pangea attorneys, Ricardo received a positive determination in his reasonable fear interview.  In addition, Pangea filed a U visa application on Ricardo's behalf.  Despite his eligibility for withholding of removal, a U visa, and the many vigils and rallies held in his support by the San Francisco community, ICE continuously refused to allow Ricardo to reunite with his wife and daughter.

Ricardo's wife and daughter pleading with the media and immigration authorities to allow Ricardo to come home. 

In September 2014, a Houston judge found that the well-documented beatings, threats, wrongful detention, and targeted shooting by the Guatemalan police was not enough for him to receive protection under U.S. law.  Exhausted and extremely depressed as a result of nine months of detention, and against the advice of his attorneys, family and advocates, Ricardo decided not to appeal his case. This was a desperate, irrational decision that was the result of nine months of psychological anguish. As his advocates, we felt powerless when witnessing the devastating effects of detention on Ricardo, let alone the barriers to his legal representation.  His mental health notably deteriorated month after month as was evident in our phone conversations. After surviving several months of wrongful detention by corrupt Guatemalan police officers, Ricardo was re-traumatized by his prolonged detention in a Texas detention center. 

Ricardo's daughter being interviewed at a rally for her dad in front of ICE in San Francisco, with sign, "No mas familias separadas.  Extrano a mi papito, Ricardo Martinez.  Liberenlo."  (English: No more families separated.  I miss my daddy, Ricardo Martinez.  Free him.)

The destructive effects of detention were also evident on his eight-year-old daughter, who suffered from separation anxiety. In early October 2014, she and her mother went to Texas to say goodbye to Ricardo. The family started planning for an even longer separation, and for Ricardo’s living in hiding in the mountains of Central America. Shortly after their visit to Texas, ICE finally responded to Pangea's many requests to file a request for a prima facie determination in Ricardo’s U visa petition with USCIS, that resulted in a positive determination, pending further adjudication.  At the last hour, a day before deportation, Pangea and the advocacy community, were able to secure Ricardo's release.  Ricardo reunited with his wife and daughter on October 17, 2014 in San Francisco, California. 

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Webinar: Advocating to Protect Unaccompanied Children in Your Community

A recording of the webinar (held on September 26, 2014) and the accompanying slides are available on CLINIC’s website here. 

The webinar addresses advocacy on behalf of unaccompanied children residing with sponsors and relatives across the United States as they await their immigration hearings. Panelists  provide updates on where the children are living, their impact on local communities, and steps you can take to welcome them. Panelists also provide specific suggestions for local advocacy on behalf of young migrants seeking safety in our country – how to educate community members and how to persuade policymakers to ensure access to much-needed legal representation, education, healthcare, and other social services.

 

Webinar: Advocating to Protect Unaccompanied Children in Your Community

Presenters:

Sarah Bronstein, Senior Attorney, Catholic Legal  Immigration Network (CLINIC)

Ashley Feasley, Migration Policy Advisor, U.S. Conference of Catholic Bishops (USCCB)

Katie Kuennen, Assistant Director of Family Reunification, USCCB

Jen Riddle, Advocacy Attorney, CLINIC

Niloufar Khonsari, Immigration Attorney and Executive Director, Pangea Legal Services 

Michelle Mendez, Senior Managing Attorney, Catholic Charities, Archdiocese of Washington, DC

 

SF Supervisors unanimously approve $2.1 million to provide access to counsel for refugee children facing deportation

Supe. Campos presented certificates of honor to children who testified last week

On September 16, 2014, the SF Board of Supervisors unanimously voted in support of a groundbreaking proposal to fund legal services for children who fled violence in Central America, but now face unfairly expedited deportation proceedings.  Community members, advocates, and organizations celebrated this precedent-setting initiative led by the city of San Francisco. 

Background: On the heels of last week's unanimous vote in the Budget and Finance Committee, the full Board of Supervisors unanimously voted in favor of the proposal to provide $1,063,800 a year, for 2 years, for legal support for vulnerable refugee children and their families.

Many of the children - who fled extreme violence in Central America - have been reunited with loved ones in San Francisco. Yet they face a deportation process which the Obama administration has unfairly sped up, drawing sharp criticism from legal experts and even immigration judges.

One of Pangea Legal Services’ UAC clients, testified: "In my country, two of my cousins were kidnapped as they were coming out of school. On the third day they were found in black bags, cut into pieces." Testimony from refugee children and families at last week’s hearing begins at 22:30 (http://sanfrancisco.granicus.com/MediaPlayer.php?view_id=7&clip_id=20928). An unrepresented child, on Sept. 17, 2014 said, "We're so grateful that you're going to help us so that we're not deported... we fled here because it was too dangerous to be in our countries"

“I am optimistic that we can get up to ten new attorneys hired as soon as possible to start representing these children. I am proud to be a San Franciscan today and hope this effort inspires other Cities, Counties, and States to stand up for our values of caring, compassion, and due process for these children,” said Supervisor David Campos.

Marie Vincent, Co-Director and Immigration Attorney for Pangea Legal Services, explained, “Successful access to counsel can profoundly improve these children’s lives by bringing them peace, stability and security.”

For more news coverage, see here.  

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SF Considers Precedent-Setting Ordinance to Provide Access to Counsel for Children

Contact: Marie Vincent (415-254-0475)

                 Immigration Attorney and Co-Director, Pangea Legal Services 

Bay Area Refugees, Children, Families, and Communities stand up for the Right to Counsel 

A significant measure is being taken by the San Francisco Board of Supervisors to provide pro bono access to counsel for unaccompanied children on the rocket docket.  Supervisor Campos has introduced an ordinance that would appropriate $1.2 million a year for two years in order to fund legal services for children in removal proceedings.  The potential impact of this precedent-setting ordinance could be huge as other counties and municipalities consider funding similar access to counsel efforts.  Please refer to the policy analysis report and text of the ordinance here. 

On September 10, 2014 at 11:30am, the San Francisco Board of Supervisors' Budget & Finance Committee will consider the ordinance and whether to forward it to the full Board of Supervisors with recommendation for approval.  All community members are encouraged to participate in the press conference and the committee hearing to explain why this funding is critical to address the refugee crisis and due process for our children.   

Where:      San Francisco City Hall (1 Dr. Carlton B Goodlett Pl, San Francisco, CA 94102)

When:       September 10, 2014 

Time:        10:30am (Press Conference - Steps of City Hall) 

                    11:30 am (Budget & Finance Committee Hearing - Room 250 City Hall) 

What:       Bay Area Refugees, Children, Families, and Communities stand up for the

                   Right to Counsel 

 

CA to Support the Right to Counsel for Unaccompanied Children

GOVERNOR BROWN, ATTORNEY GENERAL HARRIS AND LEGISLATIVE LEADERS ANNOUNCE UNACCOMPANIED MINOR LEGISLATION

8-21-2014

SACRAMENTO – Governor Edmund G. Brown Jr., Attorney General Kamala D. Harris, Senate President pro Tem Darrell Steinberg, Assembly Speaker Toni Atkins and members of the Latino Legislative Caucus today announced legislation to provide legal services to the unaccompanied minors arriving in California from Central America.

“Helping these young people navigate our legal system is the decent thing to do and it’s consistent with the progressive spirit of California,” said Governor Brown.

The legislation provides $3 million to qualified non-profits to provide legal services for unaccompanied minors. In addition, the legislation eliminates any ambiguity regarding the jurisdiction of the state court to make findings necessary to enable the federal government to grant these minors special immigrant juvenile status. This federal status provides for an expedited naturalization process. The legislation also reinforces the court’s authority to provide interpreters to unaccompanied, undocumented minors.

“These young people have legal rights and responsibilities, but they cannot fully participate in complex immigration proceedings without an attorney,” said Attorney General Harris. “It is critical that these children, many of whom are fleeing extreme violence in Central America, have access to due process and adequate legal representation.‎”

“These kids face a daunting immigration process and any failures in our justice system that lead to deportation can be a death sentence,” said pro Tem Steinberg. “The systemic challenges addressed by this bill are a direct product of my legal team’s on-the-ground experiences and, without exaggeration, could make the difference between the life and death of a child.”

“With these bills we’re making it clear California wants unaccompanied immigrant children treated as children. We want their well-being ensured, their best interests pursued, and their safety protected,” said Speaker Atkins. “While no longer in the headlines, the humanitarian crisis that has brought so many children to our country continues. While the root causes of this crisis are being addressed, these victimized children deserve to be treated with kindness and justice.”

“I am proud that California is standing up for these children who have faced unimaginable hardships, trekking thousands of dangerous miles to escape a life of violence and poverty,” said Senate President pro Tem-elect Kevin de León. “Our state is setting the example by upholding due process for these minors.”

“The humanitarian crisis at the border involving unaccompanied minors fleeing dangerous circumstances at home is a serious problem that requires a serious response. Deportation for some of these kids is tantamount to a virtual death sentence,” said Senator Ricardo Lara, chair of the California Latino Legislative Caucus. “That’s why it’s critical that these kids have every opportunity to seek permanent residency, including through the Special Immigrant Juvenile Status. We’re clearing up confusion by stating unequivocally that California courts have the authority to review cases involving unaccompanied minors seeking the Special Immigrant Juvenile Status.”

“Our country was founded with the principle of due process for everyone and nobody deserves fair treatment in our legal system more than innocent children who are left to fend for themselves in a court of law,” said Assemblymember Lorena Gonzalez. “I couldn’t be prouder to see California setting an example that hopefully the rest of the country can follow.”

“The recent surge of unaccompanied minors is an issue that goes beyond the debate of our nation’s flawed immigration system,” said Assemblymember Luis Alejo, vice chair of the California Latino Legislative Caucus. “This is a question of whether or not we ought to take proper care of helpless children with no one to turn to. I applaud the leadership of our state’s highest officials for authorizing $3 million in emergency legal funds to give these children an effective voice in court and help protect their fundamental human rights.”

During California's Trade and Investment Mission to Mexico in July, the Governor met with Archbishop of Los Angeles José H. Gomez and religious and diplomatic leaders from Mexico and Central America for a wide-ranging discussion on immigration reform and the influx of unaccompanied children migrating to the United States.

In addition, pro Tem Steinberg and a delegation of state lawmakers went on a fact-finding mission to El Salvador and Guatemala, where they met with national leaders to discuss the root causes of a humanitarian challenge that has led to more than 57,000 minors arriving at the U.S. border since October 2013, mostly from El Salvador, Honduras and Guatemala. In July, Speaker Atkins and members of the Latino Legislative Caucus toured Naval Base Ventura County, to review the conditions in which undocumented, unaccompanied children were being housed and to view how the children were responding following their journeys from Central America.

Complete legislative language will be available tomorrow.  Link to Post: http://gov.ca.gov/news.php?id=18658 

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See: https://www.facebook.com/PangeaLegalServices

Pangea: Featured in the Daily Journal

"Nonprofit law firm Pangea Legal Services fights deportation on behalf of immigrants by pulling out all the stops - legal defense, legislative advocacy, media campaigning and a fierce work ethic." 

Read the full article here. 

Alameda and Contra Costa Sheriffs Stop Responding to All ICE Detainers

On May 21, 2014, Alameda County Sheriff Greg Ahern and Contra Costa County Sheriff David Livingston declared that they will stop honoring all detainer requests by ICE and will immediately release all detainees whose sole reason for being held is their immigration status.

This change in Alameda and Contra Costa counties policy is a huge positive step for the immigrant community. Although it does not completely restore due process for all, as ICE continues to have free access to county jails, this is a great improvement for Alameda and Contra Costa residents.

Pangea Legal Services, together with ACUDIR, will continue to advocate for due process rights for all in Alameda County and other Bay Area counties.

For additional information, see:http://www.insidebayarea.com/news/ci_25809942/east-bay-sheriffs-release-immigrants-held-feds