Client Stories
Stories from the Detention Program
Dennis Arostegui Maldonado, was alone when he first went in front of a judge while detained in Aurora. At the hearing, he shared that he was forced to escape Costa Rica, the country where he was born, because police officers kidnapped, wrongfully jailed, beat, and sexually assaulted him. Despite finding that Mr. Arostegui Maldonado suffered past torture, the judge found that the police officers were not acting within the scope of their official duties when they harmed him.
RMIAN worked alongside pro bono partners at David, Graham, and Stubbs to appeal the agency’s decision at the Tenth Circuit Court of Appeals. “During each encounter,” RMIAN attorney Laura Lunn told the Tenth Circuit panel during oral arguments, the officers “were uniformed and had their police vehicle. They gained control over Mr. Arostegui Maldonado by arresting him, handcuffing him and placing him in their official patrol car. The officers jailed Mr. Maldonado, which is not something anyone can do. Only officers have that kind of authority.” The Court agreed, and found in favor of Mr. Arostegui Maldonado, stating in its opinion that the immigration judge’s decision “defies logic and the law.”
Without RMIAN, Dennis would not have been able to appeal his case and the miscarriage of justice that he suffered would have stood. However, this time around, RMIAN will be by his side as the immigration court assesses whether he merits protection under the Convention Against Torture.
RMIAN’s federal litigation work focuses on attaining our clients’ litigation goals while recognizing the broader impact that the decisions the courts make in response in terms of longstanding precedent. Our goal is to help shape favorable caselaw that will benefit anyone in immigration proceedings before federal courts.
José*, originally from Mexico, has lived in the US with his family since he was 10 years old. His parents, wife and two children are all US citizens. After being arrested by immigration authorities and taken into detention, he attended RMIAN’s legal orientation presentation (LOP) at the GEO/ICE detention facility. After hearing the attorney describe the ways to become a US citizen, José opted to complete an individual intake with a RMIAN attorney. Through the general LOP and the individual intake, José learned he was actually a US citizen since he had automatically derived citizenship when his mother naturalized. The next day, José attended his first immigration hearing and told the immigration judge that he believed he was a citizen. He and his mother presented proof of his claim and the immigration judge terminated the removal proceedings. José was released from detention and reunited with his family. Without the LOP and RMIAN’s legal assistance, José would not have known his legal options and may have accepted deportation from the US and been separated from his entire family.
Maria, a Mexican national, married a very abusive man who was a US citizen. When she threatened to divorce him, he called the police and reported that she was trespassing on his property. Maria was arrested and then brought to the immigration detention center for not having immigration status. After hearing RMIAN’s presentation, Maria stayed to talk with a RMIAN attorney. Upon hearing of the marriage and abuse, RMIAN referred Maria’s case to a pro bono attorney. The attorney represented Maria at a bond hearing and she was released on her own recognizance. Maria is now filing a self-petition for victims of domestic violence and hopes to become a lawful permanent resident.
Joe is a national of Vietnam who has been a lawful permanent resident of the United States for 14 years. His mother, his sister, and his six brothers all live in Colorado. Joe went to Vietnam to attend his grandmother’s funeral. Upon his return to the United States, immigration authorities charged Joe as inadmissible because of a 1997 theft offense, arrested him, and took him to the detention center. RMIAN staff met with Joe after the LOP, and RMIAN referred his case to a volunteer attorney, who planned to seek a waiver of inadmissibility for Joe. However, the volunteer attorney successfully argued that the government had not proved its charges against Joe, and Joe’s removal proceedings were terminated. He was released from detention and reunited with his family.
Stories from the Children’s Program
Before Isaac could walk, his mother knew they had to cross the border from Mexico to the United States. Isaac’s mother endured years of intimate partner violence. To protect herself and Isaac they left their home country of Mexico. Isaac’s mother was driven by safety and the promise of a better future for Isaac. Isaac was born blind. In high school a teacher introduced him to “type to talk” software. Since then, Isaac hasn’t stopped thinking about computers.
He aspires to develop software to increase accessibility for a wider array of users; those with disabilities and those who are intimidated by technology. Naturally, this North High School graduate is majoring in Computer Science at Metro State University. In 2021, Isaac filed an application for Deferred Action for Childhood Arrivals (DACA) at a community workshop shortly before the U.S. District Court order that ruled DACA was unlawful. His DACA application was and remains at a standstill. “I was so hopeful, and then it was all gone.”
Again, it was a teacher who guided Isaac. This time, a teacher referred Isaac to RMIAN for free immigration legal services. “When I didn’t think I had any options, RMIAN helped me.” RMIAN thoroughly reviewed Isaac’s case and identified a pathway toward residence. For the last three years, RMIAN has provided free legal representation. “I don’t have to worry about my future and paying for an attorney. It is tough to be a college student. My mom is a single mom and has supported me all my life. Without the burden of legal costs, we can pay for my tuition. I want to graduate and show my mom how much I appreciate her.”
Ahmed, a sixteen-year-old, is from a minority tribe in Somalia which has endured years of marginalization and near slave-like status. After witnessing the murders of his father, siblings, and uncle, Ahmed's only remaining living relative arranged for him to flee Somalia by stowing away on a cargo ship destined for Brazil. Nearly dying from hunger and illness after spending more than two months on the ship, Ahmed eventually made his way to Denver. A family friend told Ahmed about the Children's Program. With the help of a team of volunteer attorneys working on his case for over a year, an Immigration Judge recently granted asylum to Ahmed, affording him the protection and freedom he and his family first dreamed of when he fled Somalia.
Rosa, a fifteen-year-old girl originally from Mexico, was brutally raped at the age of thirteen and became pregnant. With the help of her parents, Rosa is now raising her United States citizen daughter. RMIAN attorneys assisted Rosa, as well as her mother and father, in their applications for U Visas. U Visas provide immigration protection to certain victims of crime who cooperated with law enforcement. Winning a U Visa will allow Rosa to work legally in the U.S. and eventually apply for her lawful permanent residency. Obtaining legal status will greatly facilitate Rosa’s ability to provide a lifetime of meaningful support to her United States citizen child, as well as ensure that Rosa receives the support and services necessary to heal from past sexual abuse and trauma.
Daniel, a fifteen-year-old from El Salvador, was abandoned by his mother when he was three months old. His mother’s whereabouts are still unknown. Daniel’s father tragically died in 2001, when Daniel was only eight years old. Last year, while living with his elderly paternal grandparents in El Salvador, Daniel was harassed and threatened by the powerful gangs that control many El Salvadoran communities. The gangs sought Daniel out because of his strong religious beliefs against gang recruitment and membership. Fearful for his safety, Daniel fled El Salvador and arrived, alone, in the United States in June 2008. Immigration officials detained Daniel in a juvenile detention facility in Texas for three months. After reuniting with his paternal uncle in Denver, Daniel sought assistance from RMIAN. RMIAN attorneys are now working closely with Daniel to apply for “Special Immigrant Juvenile Status,” a form of legal relief available to child survivors of abuse, abandonment, or neglect.
* For confidentiality purposes, real names are not used
CRCL Complaints
SUPPLEMENTARY COMPLAINT UNDERSCORING WHY PEOPLE WHO ARE TRANSGENDER AND NONBINARY SHOULD NOT BE DETAINED IN CIVIL IMMIGRATION DETENTION
Orozco de la Torre
On April 9, 2024, American Immigration Council (“AIC”), National Immigration Project (“NIPNLG”), and Rocky Mountain Immigrant Advocacy Network (“RMIAN”) filed a complaint on behalf of a group of five transgender and nonbinary individuals currently detained at the Aurora Contract Detention Facility1 (“Aurora facility”), a prison privately owned and operated by The GEO Group, Inc. (“GEO”) where Immigration & Customs Enforcement (“ICE”) incarcerates people who have pending or recently concluded immigration legal matters. Now, RMIAN and NIPNLG file this supplementary complaint about the continued mistreatment of one of our clients previously named in the complaint, Orozco. Orozco is unsafe in the Aurora facility, as highlighted by the discrimination and harassment they have experienced on account of their gender identity, and the facility’s refusal to house Orozco in accordance with their gender identity.
READ FULL CRCL COMPLAINT HERE
SUPPLEMENT TO PENDING COMPLAINT UNDERSCORING WHY PEOPLE WHO ARE TRANSGENDER AND NONBINARY SHOULD NOT BE DETAINED IN CIVIL IMMIGRATION DETENTION, FILED ON APRIL 9, 2024
Mia Juanita Alfaro Sanchez (“Ms. Alfaro Sanchez”)
On April 9, 2024, the American Immigration Council (“AIC”), National Immigration Project (“NIPNLG”), and Rocky Mountain Immigrant Advocacy Network (“RMIAN”) filed a complaint (“Initial Complaint”) on behalf of a group of five individuals detained at the Aurora Contract Detention Facility (“Aurora facility”), 1 a prison privately owned and operated by The GEO Group, Inc. (“GEO”) where Immigration & Customs Enforcement (“ICE”) incarcerates people who have pending or recently concluded immigration legal matters. This Supplement is submitted on behalf of one of the individuals, Mia Juanita Alfaro Sanchez (“Ms. Alfaro Sanchez”), whose experiences were elevated in the Initial Complaint. 2 Ms. Alfaro Sanchez’s recent experiences highlight ICE’s inadequate and dangerous provision of healthcare.
READ FULL CRCL COMPLAINT HERE
COMPLAINT UNDERSCORING WHY PEOPLE WHO ARE TRANSGENDER AND NONBINARY SHOULD NOT BE DETAINED IN CIVIL IMMIGRATION DETENTION
American Immigration Council (“AIC”), National Immigration Project (“NIPNLG”), and Rocky Mountain Immigrant Advocacy Network (“RMIAN”) file this complaint on behalf of a group of five individuals1 who are currently detained at the Aurora Contract Detention Facility2 (“Aurora facility”), a prison privately owned and operated by The GEO Group, Inc. (“GEO”) where Immigration & Customs Enforcement (“ICE”) incarcerates people who have pending or recently concluded immigration legal matters. Our clients and medical experts reveal that ICE cannot safely and humanely incarcerate people who are transgender and nonbinary (“TNB”). Immigration detention negatively impacts their mental health, impedes timely access to gender affirming care, and triggers prior trauma. Discrimination and mistreatment within ICE custody exacerbates the harm people who are TNB face. ICE detention fundamentally disrupts access to justice because people are ping-ponged from different jurisdictions, facilities, and hospitals, which results in delays in judicial proceedings. As a result, we call for an end to the practice of detaining people who are TNB in civil immigration detention. At a minimum, ICE must both implement new policies that provide more robust safeguards to TNB people in the agency’s custody as well as exert regular oversight to ensure that protective policies are followed in practice.
READ FULL CRCL COMPLAINT HERE