Nixon Peabody attorneys win asylum for Gambia Native; Decision saves daughters from genital mutilation

When Stacey Slater and Matt McLaughlin in Nixon Peabody’s New York City office agreed to provide pro bono legal services to a woman from The Gambia, their client had already endured female genital mutilation, domestic abuse, and societal alienation.

Stacey and Matt could only hope to protect her from a future of further horror. If she was forced to return to her homeland with her four small children, two boys and two girls, her painful life circumstances would most certainly be inherited by her two young girls. In The Gambia, Stacey’s and Matt’s client faced brutality at the hands of her husband, ostracism by her tribe, and the certainty that her two young daughters would suffer the same ritual of female genital mutilation (FGM).

Asylum in the United States was the only hope for this family; and it was up to Stacey and Matt to convince the immigration judge. Stacey said that “we understood that it was not only our client’s life at stake, but that of her two young daughters as well.”

The story begins on August 10, 1982, when their client was born in the village of Garawol in The Gambia. A member of the Serahule tribe, in which 100% of the girls have FGM performed on them, their client was not more than two weeks old when the mutilation was performed on her.

In The Gambia, she never attended school, but worked on her family’s farm. When she was eight years old, her father arranged for her to marry her father’s brother. The abuse began shortly after her marriage, a common occurrence for women in The Gambia.

She arrived in the United States in early December 1998 and was, at 16 years old, weeks away from giving birth to her first child. Her husband came to the U.S. for work and she found herself completely isolated, as she was unable to speak English and was without any friends or family members—other than an increasingly abusive husband. She gave birth to four children in just over a five-year period. “Her circumstances were pretty dire,” explained Matt.

When her husband returned to The Gambia, Stacey’s and Matt’s client refused—and her legal odyssey began. Eventually, after the filing deadline had expired, the client learned through a cousin that she might be able to seek asylum in the United States. With no money, other resources, or ability to negotiate the U.S. bureaucracy, the chances for success were not high.

That’s where Stacey and Matt brought hope, when they accepted this case pro bono. The pair faced several legal hurdles in their attempt to gain asylum for their client. For one, the deadline for application had expired. However, Stacey and Matt were able to prove that the deadline did not apply because their client’s circumstances had changed shortly before she filed for asylum and because the client had no way of knowing about her options, since she did not speak English and was isolated from contact with others.

Stacey and Matt also faced other challenges. Stacey explains that “while immigration courts have found that FGM constitutes persecution on account of membership in a social group, our problem was that our client already had the FGM performed on her and, therefore, did not need to worry that it would happen to her again if she were deported back to The Gambia.”

Stacey and Matt found cases that held that even though the asylum applicant had already endured FGM and, therefore, would not be subjected to the practice again, her asylum claim was valid based on the physical and emotional effects she continues to suffer as a result of the FGM she endured as a baby and the emotional hardship their client would suffer if her daughters were subjected to FGM.

Stacey and Matt also argued that their client’s belief that FGM is harmful and the fact that she expressed that belief to her husband led to a well-founded fear of persecution based on her political opinion. Her husband had already made clear that he would beat her, divorce her, and take the children upon her return.

“Had she been forced to return to The Gambia, she would have been ostracized—not only from her children but from her entire village—due to her opposition to FGM,” explained Matt.

The case was a difficult one but, on June 30, Stacey’s and Matt’s efforts were rewarded. The pair prevailed in court—their client and her young family may legally stay in the United States to build lives far removed from the practice of FGM that is customary in her homeland.

Stacey expressed that “it is extremely satisfying to know that we made a real difference in the lives of our client and her four young children. Our client now holds down two jobs to support her family and they all have a chance for a better life, free from the abuse and suffering they would certainly have faced if they were returned to The Gambia.”

Rachael’s Benefits from Seven-Year Nixon Peabody Relationship; Women’s Center is supported in numerous ways by entire staff

In Nixon Peabody’s Washington DC office, Rachael’s Women’s Center receives the benefits of the office’s legal experience, as well as considerable other volunteer work from the entire staff.

Rachael’s Women’s Center opened in 1979 in a small row house near downtown. The center provided women with a safe place off the street during the day. Through the years, Rachael’s evolved to be more than a safe haven. Today, it provides a path to independence, going beyond daytime meals and shelter, shower, and laundry facilities, to intensive social work case management services, programming, life skills and job readiness training, and access to psychiatric and legal services. All of these services are delivered in a supportive, homelike atmosphere.

The relationship between Nixon Peabody and Rachael’s began in 1997, when the firm was a major sponsor for one of the center’s fundraising events. The same year, some of the firm’s attorneys began providing pro bono legal services to some of Rachael's clients through the Washington Legal Clinic for the Homeless (WLCH).

With WLCH assistance, Nixon Peabody won social security disability benefits for a client including payment of back benefits. Firm attorneys have also represented Rachael’s on matters related to operating the center’s day program. Additionally, recognizing a critical need for long-term housing for the women it serves, Rachael’s began operating a permanent supportive housing program for chronically mentally ill women. Nixon Peabody provided pro bono representation on the real estate acquisition and in connection with operating the new housing program and the day program. Attorneys also continue to work on landlord/tenant issues relating to Rachael’s new residence. Firm attorneys have provided more than 500 hours of pro bono legal services and continue to represent Rachael’s as needed.

The seven-year partnership has evolved to include extensive participation from the entire Washington, DC office as well. Both staff and attorneys have been enthusiastic about helping Rachael’s, not only with legal work, but also the day-to-day needs that are required to keep the establishment running smoothly.

Along with the pro bono work, Nixon Peabody staff and attorneys have contributed well over 250 hours of work as regular volunteers. Every Thursday, attorneys and staff prepare and serve meals at Rachael’s during lunch. In addition, members of the firm have supplied special holiday meals and assisted or led various activities at the center.

Nixon Peabody’s staff members have also led administrative tasks like database development and organizing the center’s Gala and Silent Auction, a fundraising event. The firm has also held a drive for personal care items and provided volunteers for a clean-up/fix-up day at the permanent housing sites.

In 2004, Rachael’s honored the firm with its “Corporate Sponsor of the Year” (for the second time) and NP’s Jeannette Campbell was named Volunteer of the Year. The DC office has designated Rachael’s as its beneficiary for contributions received in connection with the November Walk for the Homeless in which a team of walkers from the office will participate. The DC office will also be a gold sponsor of the Gala, the major money-raising event of Rachael’s to be held in November.

Participants from July 2003–December 2004: Shoshone Abdulkariem, Leslie Arrington, Tracey Arrington, Robert Bernius, Jeannette Campbell, Emily Chang, Mollie Coleman, Colleen Connor, Lolita Curry, Luan Do, Sara Eakes, Shawn Fludd, Sharon Foxworth, Monica Frazer, Rick Goldstein, Shannon Haaf, Kelly Garrett, John Hayes, Linda Haynes, Judith Heston, Linda Kirk, Lori Kolb, Les Machado, Paul Mahan, Jerry Massie, Leta McCollough, Deborah Movahhedi, Ellen Mulquin, Connie Neagle, Pamela Patrick, Caroline Platt, Tina Sampson, Jeannie Saxton, David Schon, Cheryl Sinsabaugh, Sarah Stone, Steve Wallace, Kray Welch, Tina Wilcox.

San Francisco Office Works in Partnership with Habitat for Humanity; Long-term relationship offers consistent service for nonprofit group

Nixon Peabody’s San Francisco office has been performing pro bono work for East Bay Habitat for Humanity for four years. During that time, the firm regularly helped with a number of highly complex legal issues as well as more commonplace matters, including real estate transactions, financing, corporate governance, and tax issues.

“The partnership with Habitat for Humanity provided several opportunities to get involved. We saw the opportunity to do some pro bono transactional work, not just litigation, and for some field days for the whole office,” says Greg Schopf, a partner in Nixon Peabody’s San Francisco office and their pro bono coordinator.

“It has been a highly successful arrangement for both organizations. A partnership works better than one-off pro bono efforts. We get to know a lot about their organization, which makes it easier for us to help out. For Habitat for Humanity, it works well because they have a single firm they can rely on when the need assistance,” Greg says.

Several San Francisco office attorneys have been involved in this varied work, including Paul Schrier, Ron Nelson, Michael Patrick, Mark Foster, Steve Takazawa, Christina Gallagher Nelson, James Monroe and Darcy Pertcheck. Darcy, an associate in the San Francisco office, currently does a lot of work with Habitat for Humanity, Greg says. “I really enjoy working with East Bay Habitat for Humanity because everyone in the organization is enthusiastic and extremely appreciative of our help. The projects are interesting and it provides a way for me to use my legal skills to give back to the community in a way that I actually get to see the results,” Darcy says.

The partnership began when the San Francisco Volunteer Legal Services Program’s Community Organization Representation Project offered the opportunity; and Amy Zinman, now manager of attorney professional development in the San Francisco office, championed the cause.

In addition to the legal work the firm provides to Habitat for Humanity, volunteers from the office have also offered some muscle power. This year, the group is planning to participate in their third home build, according to Amy. “Our volunteers do a lot of work on the builds, including roofing and other major work. Recently, the office took another step in their commitment to their partnership. They designated some of their United Way contribution to go straight to Habitat for Humanity. We’re also looking for other ways to help,” Amy says.

The relationship has resulted in significant recognition for Nixon Peabody. In March 2003, the San Francisco office was chosen as “Volunteer of the Month” by the Bar Association of San Francisco. The firm was also singled out for recognition at the VLSP’s annual gala. Nixon Peabody was part of a VLSP-commissioned film, which was shown at the event, highlighting the ongoing partnership. “It was excellent exposure. We were the only firm that was singled out. Our work is also regularly endorsed in their newsletters. It’s been an extremely valuable relationship for Nixon Peabody and for Habitat for Humanity,” Greg says.

Pro Bono Work Brings Hope for Mother, Children

Just two weeks after becoming a new associate in Nixon Peabody’s Albany office, Kara Leopold became involved in a pro bono case that would ultimately require more than two hundred hours of her time and another seventeen hours of NP partner Dan Hurteau’s time.

The case was an unusual one. It involved a woman and her sons who were caught in a bad family situation—made worse by the restrictions faced by foreigners who cannot work in the United States and the complexity involved in obtaining an international custody agreement in addition to a divorce.

The story began when NP’s client moved with her husband and her three sons to the United States. The husband had a work visa, which allowed him to accept a high-paying computer industry job in the New York area. Although the wife had endured abuse for ten years, during their stay in the United States the relationship soured further and the predicament for the wife and sons became increasingly perilous. Now the eldest son was being abused by the husband.

Initially, the wife and her sons managed to flee to their country of origin, but they were ordered to return to the United States under Hague Convention proceedings. “The proceedings are designed to protect families by preventing one parent from abducting the children and taking them to a foreign country. Unfortunately, in this case, it forced our client to return to the United States and to the situation she was in,” Kara explains.

When the wife and children returned to the United States, the husband sued for divorce and custody of the children. At this point, Nixon Peabody got involved.

The wife was completely under her husband’s economic control because she did not have the legal ability to work in the United States. The husband maintained tight reins on the family budget. She and her children were living below poverty level, despite his large income.

With no resources of her own, the wife turned to the Legal Aid Society of Northeast New York for help. Dan is the pro bono coordinator in Nixon Peabody’s Albany office, and he was the first one called by the Society when the client turned to that group for help.

While it was the husband who initiated divorce proceedings, the wife countersued for custody and divorce.

“All she initially wanted was a divorce and custody of her sons because she feared for their safety,” Kara says.

However, Kara and Dan sought more—and they prevailed. The woman gained custody of her children, was granted the right to return to her homeland, and was provided with ongoing financial support. Kara and Dan even worked out an arrangement that allowed the oldest son, thirteen years old, to leave the United States before the case was settled so he would not miss the opportunity to attend a prestigious boarding school in his home country.

Dan’s and Kara’s phenomenal success in this case earned them a special mention and thanks in the PAI (Private Attorney Involvement) Briefs newsletter. “I would like to give a special thanks to Kara Leopold and Daniel Hurteau of Nixon Peabody LLP for going far beyond the extra mile for one of our clients … When I received the final disposition form back from Kara, I was amazed at what she accomplished … Thank you Kara and Dan for your time and dedication,” wrote Elena Rich, the PIA coordinator.

While the case, which was ongoing for about nine months, took far more hours than Kara initially expected, the outcome was highly satisfying.

“It was rewarding to get our client what she wanted and beyond. When I first met her, she was overwrought. She knew no one in the United States and couldn’t work or go to school here. When she left for her homeland, she was ten times more confident and optimistic,” Kara says.