Colorado's Immigrant Legal Defense Fund Grows for 2022-23

On April 25, 2022, the Colorado Legislature sent the 2022-23 Long Bill to the Governor’s Office for his signature, and this budget included a significant increase for the statewide Immigration Legal Defense Fund, from $100,000 to $250,000 annually.

“RMIAN is thrilled that the Colorado Legislature, led by Senator Julie Gonzales, recognized the critical importance of continuing to grow the Immigration Legal Defense Fund. This Fund provides life-changing and life-saving legal services for individuals in immigration detention or at risk of deportation in Colorado. RMIAN will continue to steadfastly work for its expansion so that no one in Colorado ever has to face an adversarial immigration court process where everything is on the line without an attorney by their side,” says RMIAN Executive Director Mekela Goehring.

RMIAN Awarded Funds from the Office for Victims of Crime

In partnership with the staff of the Colorado Human Trafficking Council, RMIAN was awarded a three-year grant from the Office for Victims of Crime to strengthen partnerships and systems across the state to identify youth survivors of human trafficking and connect them with culturally appropriate and trauma-responsive services. RMIAN will be adding its expertise in working with immigrant survivors of trafficking and ensuring that multi-disciplinary anti-trafficking systems are responsive to all forms of human trafficking.

“RMIAN is excited to build on relationships with stakeholders across the state to ensure that survivors of all forms of human trafficking are identified and connected with the resources they need," says Caleb Stewart, Senior Staff Attorney, Anti Human Trafficking Project, RMIAN

A HUGE Thank You to Our Interns!

As we close out National Volunteer Month, we want to pay special tribute to the incredible interns who have supported RMIAN’s work over these past few months. They have lent their passion, hard work, and ideas to RMIAN. Each and every one of them has made an immeasurable impact and we are so excited to see what comes next for them! On behalf of our clients and everyone at RMIAN, thank you!

Melissa Gonzales-Maza

Melissa is a second-year student at the University of Denver studying Spanish and Socio-legal studies. She says, “I wanted to intern at RMIAN because I was looking to gain experience doing work for nonprofits in the immigration field as it is something I would like to pursue after finishing up school. My whole life I’ve been very passionate about immigration and the work I am doing at RMIAN allows me to help my community in areas I wouldn’t be able to without the help of RMIAN.”

Jenny Granston

Jenny has just finished her last 2L class at the University of Denver’s Sturm College of Law where she is a member of the Constitutional Rights and Remedies Program. She got her BA in Spanish from CU and will be continuing her work on behalf of immigrant communities as a member of DU’s Immigration Law and Policy Clinic. She says, “My time at RMIAN has reminded me why I chose to attend law school in the first place—to make a difference in our community as an advocate.”

Sarah Peters

Sarah is a junior at the University of Colorado, Boulder where she studies Human Geography. She says, “I wanted to intern with RMIAN because I believe in the importance of fighting for justice for all immigrants and because RMIAN makes a difference in real people’s lives every day. Some things I enjoyed most about my internship were the wonderful people I got to meet and work with, having the opportunity to improve my knowledge of the immigration system, and knowing that, even if only in a small way, my work was helping someone.”

José Reyna

José is an undergraduate student studying Criminal Justice with a minor in Business Administration at the University of Colorado, Denver. He expects to graduate this spring and is looking forward to pursuing a career in immigration. José eventually plans on going back to school to get either a graduate degree, a law degree, or maybe both! He says, “What I enjoyed most about my internship was meeting the staff, volunteers, and people dedicated to RMIAN’s mission and core values.”

HB22-1319 Passed by the House of Representatives!

Representative Gonzales-Gutierrez (left) and Representative Iman Jodeh (right)

On Wednesday, April 20, 2022, the Colorado House of Representatives passed House Bill 22-1319 (HB22-1319). RMIAN’s Children’s Program has played a crucial role in identifying the need for this legislation and working for its passage.

Currently, abused, abandoned, and neglected unaccompanied children in federal custody in Colorado have no access to state court proceedings. Without access to state court, these children have no ability to apply for Special Immigrant Juvenile Status, a vital protection from deportation that creates pathways to permanent residency for abused and neglected youth under state court jurisdiction.

HB22-1319 will provide access to state court proceedings through a streamlined dependency process, providing abused and neglected children with a pathway towards safety and stability in the United States. 

 RMIAN expresses sincere gratitude to the bill’s sponsors, Representative Serena Gonzales-Gutierrez and Representative Iman Jodeh (both pictured above) and Senator Julie Gonzales, and to all those who worked on and supported HB22-1319. The bill is scheduled to be heard in the Senate Judiciary Committee on Thursday, April 28, 2022. 

Happy National Volunteer Week!

This week is National Volunteer Week

RMIAN's work largely depends on the work of our volunteers. We want to take this opportunity to give thanks to our incredible volunteer attorneys, translators & interpreters and health professionals.

We are grateful for their time, energy, compassion and skills. Accessing justice is one with being treated with respect and dignity and is only possible when there are opportunities for equitable language, health, and legal services.

The heart, dedication, and most certainly knowledge and skills of our volunteers make RMIAN's work ensuring access to due process possible. Every day, volunteer efforts help people confront complex and violent deportation proceedings, sometimes while detained.

From all of us here at RMIAN, THANK YOU!

Are you or someone you know interested in volunteering and helping Colorado immigrants access justice? Check out our volunteer opportunities below!

We need pro bono attorneys!

Are you interested in immigration issues? What to gain experience helping children, families, and detained adults fighting deportation? RMIAN needs volunteer attorneys for pro bono cases. With the robust training and mentorship RMIAN offers to our volunteer attorneys, you will have the opportunity to provide immigrants with the quality legal representation they deserve and desperately need.

We need volunteer translators & interpreters!

RMIAN's work largely depends on assistance from our language volunteers. Quality legal representation is only possible when an attorney and client can communicate effectively, regardless of their language. If you speak English and another language and would like to help immigrant clients access justice, sign up now! Email lklafehn@rmian.org for more info.

We need volunteer psychologists & psychiatrists!

Psychological forensic evaluations help clients access the support services and systems they need and help to bolster legal defenses against deportation.

RMIAN Announced as a Recipient of the Colorado Afghan Evacuee Fund

RMIAN Announced as a Recipient of the Colorado Afghan Evacuee Fund

RMIAN has been announced as one of the recipients of the Colorado Afghan Evacuee Support Fund which, in partnership with fiscal sponsor Rose Community Foundation, provides essential support to organizations working to welcome Afghan evacuees to Colorado, connect newcomers to critical community resources, and ensure evacuees can thrive in Colorado.

With this funding, RMIAN will be able to provide free immigration legal services coordination and social service support for newly-arrived Afghan families. RMIAN congratulates the other incredible organizations that have also received funding, including service providers assisting with resettlement, mental health services, and legal services. To see the list of other funded organizations, click the link to Governor Polis’ press release.

RMIAN is pleased to announce an immediate opening for a Children’s Program Pro Bono Coordinating Attorney. To learn more, click the link below!

Please assist us in sharing this position with your network so that we can fill this position and begin assisting Afghan evacuee children and families in Colorado.

WHEN: March 31, 2022 | 12 pm - 1 pm

WHERE: VIRTUAL (register using link below)

WHO: Advocates from Colorado Immigrant Rights Coalition (CIRC) and lawyers from Rocky Mountain Immigrant Advocacy Network (RMIAN)

WHAT: Discussion of the immigration legal defense fund

Volunteer & Interpreter Training | March 29, 2022 | 5 pm - 6:30 pm

SIGN UP HERE!

Council Files Complaint Against ICE for Medical Neglect of People Sick With COVID-19 in Colorado Facility

Last week, RMIAN, together with the American Immigration Council, Mariposa Legal, and Immigrant Justice Idaho, filed a complaint against ICE documenting the medical neglect of individuals detained at the Aurora ICE Processing Center as COVID-19 numbers continue to rise. The complaint contains declarations of several people detained at Aurora, who describe lack of access to COVID-19 testing and vaccines, improper quarantine protocols, medical neglect of individuals who have tested positive or have symptoms, threats of retaliation for speaking out and sharing information, and a systematic failure to protect the health and safety of those in detention.

As one individual, Afuom*, describes “I felt very sick and was having trouble breathing. I was hot and shaking. I asked for emergency medical but was told to submit a [written request]. In my weakened condition, all I could do was lie down in bed. Since this time, I have continued to struggle with breathing. I wake up in the middle of the night unable to catch my breath. I have not received medical treatment for my difficulty breathing.”

The complaint calls for the release of those detained and an investigation into the lack of COVID-19 protections in ICE custody. “Access to medical care is a human right. ICE cannot continue to detain people while failing to provide for their health and safety. We are two years into the pandemic and ICE has shown that it cannot protect those in its care. We stand with our clients and those detained at Aurora and demand their release,” said Colleen Cowgill, pro bono coordinating staff attorney with RMIAN.

DIRECT QUOTES FROM THOSE NAMED IN THE AFFIDAVIT

We're Hiring: Universal Representation Staff Attorney

RMIAN has an immediate opening for a full-time Universal Representation Staff Attorney to represent clients detained at the Aurora ICE Contract Facility or before the Denver Immigration Court. This position is meant for a dedicated advocate who wishes to engage in the universal representation model to serve clients who are detained in the State of Colorado. This attorney will join RMIAN’s team of attorneys, social workers, and paralegals devoted to supporting people ensnared in the immigration system who, without this program, would otherwise face the immigration court without legal counsel.

Universal representation injects a public defender based model in Immigration Court for immigrants facing removal from the United States and is rooted in the principle that everyone has a right to due process under the law. The goal is to promote racial equity by providing representation to all, including those with contact with the unjust criminal system. This means that no one is ineligible for representation because their case is difficult, because of a conviction record, prior order of removal, or the strength of their case.

This position, the first of its kind at RMIAN and in Colorado, is possible because of the historic passage of HB21-1194, a Colorado law that created a statewide Colorado Immigrant Legal Defense Fund. Through this law, Colorado became one of the first states in the nation to create such a fund through legislation. This fund provides free legal representation to low-income immigrants facing deportation and detention in the state. Most of this attorney's time will be spent representing individuals detained at the Aurora immigration detention center, using a universal representation model.

The ideal candidate:

• Understands that everyone should have access to representation, without considering factors that perpetuates narratives about “good” versus “bad” or “deserving” versus “undeserving” immigrants. The ideal candidate approaches this work with empathy and understanding.

• Is a removal defense attorney who wishes to engage in fast-paced direct legal services, demonstrates flexibility, and has a passion for working with vulnerable populations.

• Is dedicated to client-centered legal representation and empowers clients to make educated decisions about how to navigate their immigration cases. 

• Is committed to defending people with limited financial resources placed in removal proceedings and/or facing immigration consequences based on criminal system contact.

• Engages in direct communication, demonstrates empathy, is an active listener, demonstrates excellent problem-solving abilities, understands the importance of constructive feedback, and easily builds trust with colleagues.

• Is an attorney who has a solid base of substantive legal knowledge of immigration law with a focus on removal defense and a strong commitment to immigrant justice – this person knows how to run an immigration removal case in a detained setting, enjoys creative lawyering, can explain the complicated process in an easily digestible manner to clients and community members, and is passionate about RMIAN’s work and mission.

• Understands how to prioritize tasks with little guidance. The ideal candidate is organized, efficient, and has a keen eye for detail. This person enjoys handling multiple cases running in parallel and can triage in order to meet time-sensitive deadlines.

• Has a demonstrated commitment to antiracism, and promotes equity, justice, and inclusion at the organization both internally and externally.

• Possesses a desire and vision to end immigration detention and mass incarceration and to center racial equity in our nation’s court systems.

• Is team-oriented and works in collaboration with RMIAN staff members with a focus on advancing universal representation throughout Colorado, and easily forms trusting relationships with RMIAN staff members. The ideal candidate can comfortably and appropriately maintain and navigate relationships with governmental agencies, nonprofit providers, community partners and other stakeholders.

• Is proficient in a second language, such as Spanish, French, Portuguese, Mayan language, or other.

Responsibilities:

Direct Representation (90%)

• Maintain a robust caseload in support of clients seeking relief from removal and/or release from immigration detention (including representation before the Immigration Court, Board of Immigration Appeals, U.S. Citizenship and Immigration Services (USCIS), and other federal agencies).

• Create and implement systems to enhance efficiency of legal services specific to RMIAN’s universal representation program.

Outreach, Community Education, and Development Efforts (10%)

• Participate in presentations to expand RMIAN’s outreach, community education, and development efforts.

• Engage in broader advocacy efforts, working with RMIAN staff and partners to highlight the impact of universal representation on our community.

• Foster strong relationships with clients willing to engage in campaigns to promote public awareness of RMIAN’s work and its impact on people who seek lasting protection from deportation in the United States.

• Possible supervision of attorneys and/or law student interns.

Required skills and experience:

• Admission to any state bar.

• Deep dedication to immigration legal services, racial justice, and immigrant justice.

• Experience representing clients in immigration and/or criminal proceedings preferred.

• Prior experience in the nonprofit sector desired.

• RMIAN maintains a deep commitment to a mandate of care for our staff and communities, and thus requires vaccination for COVID-19, as well as adherence to social distancing, masking, and office occupancy protocols.

Location:

• This position is based out of RMIAN’s office located in Westminster, Colorado but requires frequent travel to the Aurora Contract Detention Facility in Aurora, Colorado. Clients are represented before the Aurora Immigration Court, Denver Immigration Court, and before the USCIS office located in Centennial.

• RMIAN’s operations are primarily remote during the COVID-19 pandemic, but subject to change.

Compensation & Benefits

• ·This is a full-time, salaried, exempt position. The salary range is $55,000–$75,000, depending on years of experience.  Salary includes a phenomenal benefits package, which includes:

• Generous paid time off with 15 days of vacation in the first year of employment and an additional 2 days for each additional year of employment, 10 sick days, 11 Federal holidays, plus, an end of year weeklong office closure;

• Excellent health insurance (100% covered by RMIAN);

• Life insurance, professional liability insurance, and short-term disability insurance (100% covered by RMIAN);

• Eligibility to participate in RMIAN’s Simple IRA retirement plan (RMIAN matches 3%);

• Eligibility to participate in RMIAN’s flexible spending plan; and

• Eight-week sabbatical after five years of employment.

If this profile calls to you, please send a tailored, authentic cover letter that explains (1) why this mission excites you; and (2) why this particular role is a great fit for you – along with your resume, writing sample, and list of references - to hr@rmian.org.

Applicants are encouraged to apply as early as possible. Interviews will be conducted on a rolling basis until the position is filled.

RMIAN is an equal opportunity employer and recognizes the importance of diversity in the workplace. We encourage applications from people of color, immigrants, women, members of the LGBTQ community, and other underrepresented and marginalized groups. RMIAN does not discriminate on the basis of race, color, religion, gender, sexual orientation, gender identity or expression, age, national origin, disability, marital status or veteran status. We are committed to providing an inclusive and welcoming environment free from discrimination.

Amicus Brief: Advocating for Mental Health Circumstances to Be Considered in Determining Whether Someone is Barred from Asylum

RMIAN co-authored an amicus brief this week advocating for the Attorney General to vacate harmful precedent that has a discriminatory impact in immigration proceedings on noncitizens living with mental illness. The current rule prevents judges from considering mental health evidence when assessing eligibility for asylum or withholding of removal - protections that prevent the deportation of people who fear persecution in their home countries. Notably, many people fear return to their countries of origin on account of the systemic harm inflicted on persons with mental disabilities. RMIAN and co-counsel, the Capital Area Immigrants' Rights Coalition (CAIR Coalition), were joined by eleven other legal service providers seeking a just outcome in the case pending before AG Garland, Matter of B-Z-R-.

Read the full matter below, or

Community Legal Night/Noche Legal Comuntaria

We are thrilled to welcome two new members to RMIAN’s Board of Directors.

Marissa Molina

Colorado State Director, Fwd.us

Marissa Molina is the Colorado State Immigration Director with FWD.us, where she leads FWD’s legislative advocacy efforts on immigration policy at the state and federal levels. Marissa has been a leader in protecting the Deferred Action for Childhood Arrivals program and has worked to recruit, train, and empower other directly impacted individuals to advocate for immigration reform before Congress. Prior to joining FWD.us, Marissa worked as an educator where she worked to increase access to educational opportunities for immigrant youth and their families. In July of 2015, Marissa was one of nine educators with Deferred Action for Childhood Arrivals to be honored by the White House as a Champion of Change. She was appointed to the Metropolitan State University of Denver’s Board of Trustees in 2019, becoming the first Dreamer to serve on a state board.

Michael Touff

Boys & Girls Club of Metro Denver, Rose Community Foundation, Bell Policy Center

Before retiring in 2021 Michael Touff was, for 25 years, the General Counsel of MDC Holdings, Inc., one of the largest homebuilders in the United States. Prior to joining MDC, he practiced corporate and securities law for 20 years with several Denver law firms. He is a graduate of Harvard University, the University of Michigan Law School, and attended the London School of Economics. He also served as a Peace Corps volunteer in Thailand and in the United States Army in Korea. He has been active in community organizations throughout his career including the Colorado Legal Aid Foundation, the Colorado Lawyers Committee for Civil Rights, and the Eleanor Roosevelt Institute for Cancer Research. He currently serves as a director or trustee of the Boys & Girls Clubs of Metro Denver, the Rose Community Foundation, and the Bell Policy Center. He and his wife, Pegi, are both Denver natives and have two children, Daniel and Katherine.

Pro Bono Spotlight: Making Waves at the 10th Circuit

Every year RMIAN’s dedicated network of pro bono attorneys expands RMIAN’s impact and ensures legal services for hundreds of immigrant children, families, and detained individuals. Recently, the 10th Circuit issued two published decisions upholding the rights of asylum-seekers and immigrants in removal proceedings. In both cases, the individuals were represented by RMIAN attorneys in their initial proceedings and were connected with representation for their petitions for review through RMIAN’s pro bono program. 

Mr. Villegas-Castro is from Mexico and sought fear-based relief and cancellation of removal before the Immigration Judge (IJ). The IJ granted cancellation of removal but denied fear-based relief. The Department of Homeland Security (DHS) appealed this ruling, and upon appeal, his case was sent back to the IJ. Mr. Villegas-Castro was able to amend and supplement his asylum application, which was ultimately granted. However, DHS again appealed this decision and the Board of Immigration Appeals (BIA) not only reversed the decision granting Mr. Villegas-Castro asylum but entered a final order of removal. In the face of this grave injustice, Mr. Villegas-Castro was represented by the National Immigrant Justice Center (NIJC) and pro bono counsel in a petition for review before the 10th Circuit. Through their fierce advocacy, the 10th Circuit ruled in favor of Mr. Villegas-Castro on all counts, granting his petition for review and sending his case back to the BIA. This decision is a remarkable victory for Mr. Villegas-Castro, who is now on a pathway to remain in the United States with his family, and sets powerful precedents for immigrants in removal proceedings in the 10th Circuit.

In January 2021, Mr. Takwi, a Cameroonian asylum seeker fleeing persecution, was rousted from his bed at the Aurora ICE Processing Center in the middle of the night and transferred to a facility in Louisiana. Here was told he would be sent back to Cameroon along with other refugees on what journalists would call a “death flight”. In the eleventh hour, the 10th Circuit granted Mr. Takwi an emergency stay of deportation, allowing him to remain in the United States until his petition could be heard. This month, a year after Mr. Takwi was almost forced to return to a country where his life is in danger, he received a favorable decision from the 10th Circuit. In a unanimous decision, the 10th Circuit granted Mr. Takwi’s petition for review and ordered the BIA to revisit its decision denying him all relief. This decision revives Mr. Takwi’s opportunity to seek relief and sets an incredibly helpful precedent where similar issues are presented. 

Congratulations to Mr. Villegas-Castro and Mr. Takwi, whose resilience in the face of injustice inspires us to keep fighting, and to their pro bono counsel for their tireless efforts. These victories would not have been possible without you.

Our Broken Refugee Process Is Sending Haitian Asylum Seekers Back to Danger

"I first met David in November 2021, while volunteering as an attorney for asylum seekers detained at the Immigration and Customs Enforcement processing center in Aurora, Colorado. David [] has a story similar to many asylum seekers in this country. It’s a story that speaks to the brokenness of how we assess asylum claims."

In a powerful op-ed, Catherine Flanders, a pro bono attorney supported by RMIAN and the Immigration Justice Campaign, details her efforts working alongside David, an asylum-seeker from Haiti who came to the United States in search of safety. Despite profound efforts to have his claim fairly and adequately considered, David was deported without even the opportunity to file an asylum application. Catherine's account highlights many of the flaws in our system, which too often prioritizes expediency over a fair day in court.

Read the article here.

We are thrilled to welcome new staff members to RMIAN’s team!

Christine Dutko

Staff Attorney, Children’s Program

Christine joined RMIAN in January 2022 as a Children’s Program Staff Attorney. Before joining RMIAN, Christine worked as a staff attorney at Texas RioGrande Legal Aid in Edinburg and San Antonio, Texas, where she represented survivors of domestic violence and human trafficking who were seeking humanitarian relief. Christine received her B.A. from Kenyon College in Gambier, OH, and her J.D. from the University of California, Berkeley, School of Law. Prior to law school, Christine served as a Peace Corps volunteer in Guatemala.

ESP:

Christine se unió a RMIAN en enero de 2022 como abogada del personal del Programa de Niños. Antes de unirse a RMIAN, Christine trabajó como abogada en Texas Rio Grande Legal Aid en Edinburg y San Antonio, Texas, donde representó a sobrevivientes de violencia doméstica y trata de personas que buscaban ayuda humanitaria. Christine recibió su B.A. de Kenyon College en Gambier, OH, y su J.D. de la Facultad de Derecho de la Universidad de California, Berkeley. Antes de la escuela de derecho, Christine se desempeñó como voluntaria del Cuerpo de Paz en Guatemala.

Daisy Gavarrete

Social Worker, MSW, Social Service Project

Daisy received her Master of Social Work from Metropolitan State University of Denver in 2018 and joined RMIAN as a Detention Program Social Worker in January 2022. Prior to joining RMIAN, Daisy worked at Legal Services for Children working primarily for detained and formerly detained youth in ORR custody and the Bay Area. Daisy is passionate about addressing mental health injustices and disparities in oppressive systems by advocating for and empowering clients. As a first-gen, proud daughter of Mexican immigrants, Daisy is humbled and honored to continue advocating for the rights of immigrants, Black, Indigenous, and Communities of Color in her hometown. Beyond her work at RMIAN, Daisy enjoys spending time with her husband and family, dancing, eating and traveling.

ESP:

Daisy recibió su Maestría en Trabajo Social de la Universidad Estatal Metropolitana de Denver en 2018 y se unió a RMIAN como Trabajadora Social del Programa de Detención en enero de 2022. Antes de unirse a RMIAN, Daisy trabajó en Servicios Legales para Niños trabajando principalmente para jóvenes detenidos y anteriormente detenidos bajo custodia de ORR y el Área de la Bahía. A Daisy le apasiona abordar las injusticias de salud mental y las disparidades en los sistemas opresivos al abogar y empoderar a los clientes. Como hija orgullosa de inmigrantes mexicanos de primera generación, Daisy se siente honrada de continuar abogando por los derechos de los inmigrantes, negros, indígenas y comunidades de color en su ciudad natal. Más allá de su trabajo en RMIAN, a Daisy le gusta pasar tiempo con su esposo y su familia, bailar, comer y viajar.

Diana Rodríguez

Paralegal, Children’s Program

Diana graduated from the University of Utah in 2020 with a BA in History and Minor in Sociology. During her undergrad, Diana's interest in politics led her to complete two legislative internships both on a state and national level. Diana is a daughter and sister to Mexican immigrants who are proudly now US citizens. Her family's immigration journey sparked her passion for immigration, motivating her to pursue a career in legally advocating for immigrants. Before being hired on with RMIAN in January 2021, she worked at a private immigration firm based in Salt Lake City, Utah for nearly three years. As a paralegal she primarily handled I-601/I-601A waivers and assisted with adjustment of status, removal of condition, naturalization, VAWA, and DACA renewal applications. Diana is excited to continue doing fulfilling work and to explore what Colorado has to offer. Outside of the office she enjoys climbing, going to music festivals, running, and hiking with her smooshy-faced doggo.

ESP:

Diana se graduó de la Universidad de Utah en 2020 con una licenciatura en Historia y una especialización en Sociología. Durante su pregrado, el interés de Diana en la política la llevó a completar dos pasantías legislativas tanto a nivel estatal como nacional. Diana es hija y hermana de inmigrantes mexicanos que ahora son orgullosamente ciudadanos estadounidenses. El viaje de inmigración de su familia despertó su pasión por la inmigración, motivándola a seguir una carrera en la defensa legal de los inmigrantes. Antes de ser contratada con RMIAN en enero de 2021, trabajó en una firma privada de inmigración con sede en Salt Lake City, Utah, durante casi tres años. Como asistente legal, manejó principalmente las exenciones I-601 / I-601A y ayudó con el ajuste de estatus, la eliminación de la condición, la naturalización, VAWA y las solicitudes de renovación de DACA. Diana está emocionada de continuar haciendo un trabajo satisfactorio y explorar lo que Colorado tiene para ofrecer. Fuera de la oficina le gusta escalar, ir a festivales de música, correr y caminar con su perro.

Jessy K. Pérez

Social Worker, MSW, Social Service Project

Jessy K. Pérez is the Children’s Program Social Worker at RMIAN. Jessy has experience in the non-profit sector providing direct services to LGBTQ+, displaced peoples, and survivors of intimate partner violence. She has worked as a community organizer and advocates for immigrants’ rights and policy change. Her work with individuals at risk of deportation has contributed to the statewide efforts to transform immigration legislation in Colorado, such as ending SB-90, known as “show me your papers,” and advancing driver’s licenses for all. Jessy has also engaged in activist scholarship research using a multicultural praxis framework to understand the experiences of marginalized individuals in the workplace and to provide implications for community-based practice. Jessy has a BS in Social Work from the Metropolitan State University of Denver and an MSW from the University of Michigan, Ann Arbor. Jessy is committed to being a resource to participants in the Children’s Program and the Dedicated Docket at the Denver Immigration Court. When Jessy is not at work, she loves long walks, dogs, and horses. She finds animals to be healing creatures and hopes to one day incorporate them into her therapeutic practice.

ESP:

Jessy K. Pérez es la Trabajadora Social del Programa de Niños en RMIAN. Jessy tiene experiencia en el sector sin fines de lucro brindando servicios directos a la comunidad LBGTQ +, personas desplazadas y sobrevivientes de violencia de pareja. Ha trabajado como organizadora comunitaria y aboga por los derechos de los inmigrantes y el cambio de políticas. Su trabajo con personas en riesgo de deportación ha contribuido a los esfuerzos estatales para transformar la legislación de inmigración en Colorado, como poner fin a la SB-90, conocida como "muéstrame tus papeles", y promover las licencias de conducir para todos. Jessy también ha participado en la investigación de becas activistas utilizando un marco de praxis multicultural para comprender las experiencias de las personas marginadas en el lugar de trabajo y proporcionar implicaciones para la práctica basada en la comunidad. Jessy tiene una licenciatura en Trabajo Social de la Universidad Estatal Metropolitana de Denver y un MSW de la Universidad de Michigan, Ann Arbor. Jessy se compromete a ser un recurso para los participantes en el Programa de Niños y el Expediente Dedicado en la Corte de Inmigración de Denver. Cuando Jessy no está en el trabajo, le encantan los largos paseos, los perros y los caballos. Ella encuentra que los animales son criaturas curativas y espera algún día incorporarlos a su práctica terapéutica.

Nearly 85% of Individuals on Biden’s New Expedited Docket for Families Seeking Asylum Do Not Have Lawyers.

Denver, CO, January 19, 2022 - Rocky Mountain Immigrant Advocacy Network (RMIAN) and the Colorado Lawyers Committee are holding a two-part training series, “Representing Families Fleeing Persecution and Seeking Asylum in the United States,” to train lawyers with no prior immigration experience to represent families seeking asylum on a new expedited docket for recently-arrived asylum-seeking families, called the “Dedicated Docket” in Denver.

Part One of the training program will be held on Thursday, January 20, 2022, from 1:00 pm – 4:30 pm.

Part Two of the training program will be held on Thursday, February 3, 2022, from 1:00 pm – 4:30 pm.

On May 28, 2021, the Department of Justice and Department of Homeland Security selected Denver as one of just ten cities across the United States to start an expedited “Dedicated Docket.” [1][2][3]

According to data recently analyzed and released by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, nearly 85% of asylum seekers on the expedited docket have been forced to navigate the high-stakes, complex and adversarial proceedings in immigration court entirely on their own [4]. In fact, over 72,000 cases involving asylum-seeking families have been assigned to the expedited docket, and only 13 people on the expedited docket have been granted asylum or another form of lawful relief from deportation thus far.[5]

“Rather than promoting its stated goal of ensuring fairness and justice, this docket has the exact opposite effect. What we see are families -- parents fleeing persecution and seeking a safer, better life for their young children -- forced to proceed in complex legal proceedings, in a language that is not their own, with the fewest resources to obtain legal representation on an impossible timeline. The report confirms that this docket prioritizes individuals for failure, on the very basis of their identified vulnerability,” said Emily Brock, Senior Staff Attorney, Children’s Program, RMIAN.

With no appointed counsel in immigration proceedings, these numbers should come as no surprise. The expedited docket contemplates completion of each family’s case within 300 days (about 10 months), much faster than the average of 58 months, or nearly 5 years, most immigration cases take to go through the court system. [6][7] When families have sufficient time to access work authorization and save money, they are much more likely to be able to hire a lawyer to represent them in immigration court. However, due to the waiting period requirement and processing times for work authorization applications, it is effectively impossible for any of the families on the new expedited docket to access work authorization within 300 days.

The Department of Justice memo justifies the selection of the designated cities for the expedited docket, in part, by noting that these cities have “established communities of legal services providers,” and notes that DHS and DOJ will “refer families to pro bono legal service providers for possible representation.” However, RMIAN and over 130 organizations across the country have unequivocally communicated to DHS and DOJ [8] that legal service providers in the designated cities do not have excess capacity to meet the representation needs of the large number of families on the expedited “Dedicated Docket.” Rather, legal service providers were unable to meet the need for legal representation in their communities prior to the creation of the new expedited docket.

Alyssa Telander, Pro Bono Coordinating Attorney for RMIAN’s Children’s Program, said, “The training program starting tomorrow is our effort to fill a small portion of the enormous gap in legal representation for families on the Dedicated Docket. We are so incredibly thankful to all the volunteers who are stepping up to represent the families who are being rushed through this expedited docket process. However, the sad reality is that there are so many families that we will not be able to help. The only real solution is to end the Dedicated Docket.”

While RMIAN shares the administration’s concerns about the growing backlog of cases in immigration court, RMIAN rejects the expedited “Dedicated Docket” as a viable solution to the problem. The docket raises due process concerns for the families rushed through the process and all but guarantees that thousands of families will face an immigration judge without an attorney and be ordered deported. RMIAN calls on the Biden Administration to rescind the “Dedicated Docket” process immediately.

Reporters seeking more information about RMIAN’s response to the Dedicated Docket can contact Emily Brock at ebrock@rmian.org. Lawyers who wish to volunteer can register for the upcoming training program or email probonochildrens@rmian.org.

Pro Bono Spotlight: Making Waves at the 10th Circuit (full letter)

Recently, the 10th Circuit issued two published decisions upholding the rights of asylum-seekers and immigrants in removal proceedings. In both cases, the petitioners were represented by RMIAN attorneys before the Board of Immigration Appeals (BIA) and connected with representation for their petitions for review through RMIAN’s pro bono program. We write today to uplift these victories and congratulate Mr. Takwi and Mr. Villegas-Castro, their pro bono counsel, and those who provided support along the way.

The first decision, published by the 10th Circuit on December 2nd, 2021, came in Villegas-Castro v. Garland. Mr. Villegas Castro is from Mexico and applied for asylum, withholding of removal, relief under the Convention against Torture and cancellation of removal before the immigration judge (IJ). The IJ initially granted cancellation of removal but denied fear-based relief. The Department of Homeland Security (DHS or Department) appealed and the Board sustained the appeal, remanding the case to the IJ. On remand, Mr. Villegas Castro amended and supplemented his prior asylum application, which the IJ ultimately granted. Again, the Department appealed the court’s decision and the Board not only reversed the IJ’s decision but entered a final order of removal against Mr. Villegas Castro.

In a published decision, the 10th Circuit addressed three issues: (1) the scope of the IJ’s authority when the Board orders a remand; (2) the BIA’s failure to apply the correct standard of review to the IJ’s factual findings; and (3) the IJ’s discretion to reconsider eligibility for fear-based relief. On all three issues, the Court ruled in Mr. Villegas Castro’s favor, granting his petition for review and remanding his case back to the Board. The decision is a remarkable victory for Mr. Villegas Castro, who now has a pathway to remain in the United States with his family and community in Wyoming, and sets powerful precedents for immigrants in removal proceedings in the 10th Circuit.

Mr. Villegas-Castro was represented by a RMIAN attorney before the IJ and BIA and by the National Immigrant Justice Center (NIJC) and pro bono counsel at Harry Larson and Dentons U.S. LLP before the 10th Circuit.

Just a month after this decision, on January 10th, 2022, the 10th Circuit published a second favorable decision in Takwi v. Garland. This case primarily focuses on credibility determinations. Mr. Takwi is an asylum-seeker from Cameroon who fled persecution due to his involvement in the Southern Cameroon National Council (SCNC), a political organization fighting against the marginalization of anglophone Cameroonians by the majority-francophone government. Mr. Takwi appeared pro se before the IJ while detained at the Aurora ICE Processing Center. Despite gathering and presenting his own evidence, the IJ denied his claim based on perceived inconsistencies between Mr. Takwi’s testimony and an affidavit from his brother. This decision was upheld by the BIA, which treated the IJ’s ruling as an adverse credibility determination and declined to consider corroborating evidence from seven other witnesses submitted in a concurrently filed motion to remand.

Mr. Takwi petitioned for review in the 10th Circuit, arguing that (a) the BIA should have afforded him a presumption of credibility because the IJ never made an explicit credibility determination, (b) caselaw does not allow an IJ to reject an applicant’s otherwise credible testimony based solely on errors in a family member’s affidavit, (c) the IJ failed to provide Mr. Takwi proper safeguards in light of conflicting medical evidence in the record, and (d) the BIA abused its discretion by ignoring the corroborating evidence.

In a unanimous decision, the 10th Circuit granted Mr. Takwi’s petition for review and ordered the Board to revisit its decision. Although the Court found no error in the IJ’s determination that Mr. Takwi was competent to proceed pro se, the Court held that the BIA had erred by failing to afford Mr. Takwi a presumption of credibility, which is required when an IJ does not make an explicit credibility determination. The Court noted that the reluctance to make clean determinations of credibility appears to be a “disturbing feature” in immigration cases nationwide, and that the IJ had not made an explicit finding in Mr. Takwi’s case. The Court explained: “An ambiguous finding, which leaves us guessing about whether the IJ came to her determination because the applicant was not credible, or for some other reason, cannot serve as an explicit adverse credibility determination”. The decision revives Mr. Takwi’s opportunity to seek relief and sets an incredibly helpful precedent for future litigants where this issue is presented.

Mr. Takwi was nearly deported before his case could be heard. A year ago, in January 2021, Mr. Takwi was rousted out of bed in the middle of the night and transferred from the ICE facility in Colorado to another site in Louisiana, where he was to be sent back to Cameroon along with other refugees on what journalists would call a “death flight.” In the eleventh hour, the 10th Circuit granted Mr. Takwi an emergency stay, stopping his deportation and allowing him to remain in the United States until his petition could be decided on the merits.

Mr. Takwi was represented by a RMIAN attorney before the BIA and by Jesse Witt of Frascona, Joiner, Goodman and Greenstein in Boulder before the 10th Circuit. Mr. Witt expressed thanks to those who supported him, stating “As someone with little prior experience in immigration law, I was grateful to have assistance from RMIAN and the Immigration Justice Campaign when drafting the briefs and preparing for oral argument. Taking this case pro bono was extremely rewarding and I encourage others with a civil litigation practice to consider volunteering their time through RMIAN.”

Congratulations to Mr. Villegas-Castro and Mr. Takwi, whose resilience in the face of injustice inspires us to keep fighting, and to their pro bono counsel for their tireless efforts. These victories would not have been possible without you.

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Interested in taking a case or learning more? Visit our website or email probonodetention@rmian.org. Current cases in need of representation through RMIAN's Children's Program and Detention Program are available at the links provided.

We're Hiring: Accountant / Senior Accountant

The Rocky Mountain Immigrant Advocacy Network (RMIAN) is a nonprofit organization that provides free immigration legal services to individuals in immigration detention and to children and their families throughout Colorado. RMIAN promotes knowledge of legal rights, provides effective representation to ensure due process, works to improve detention conditions, and promotes a more humane immigration system, including alternatives to detention.

RMIAN has an immediate opening for a full-time Accountant or Senior Accountant, depending on the candidate’s experience level. This position will report to RMIAN’s Director of Systems and is responsible for an array of accounting and finance duties including, but not limited to, managing monthly close procedures, processing payroll and SIMPLE contributions, day-to-day transactional processing of AP/AR, financial analysis and reporting, as well as budget creation. 

The ideal candidate is a highly organized individual with the ability to work independently while also being able to coordinate and collaborate with team members. This position is designed for an individual with at least 1-3 years and ideally 3-5 years or more of accounting or finance experience. This position requires extreme attention to detail and organization skills. The ideal candidate has a demonstrated passion for immigrant rights and/or social justice issues and is deeply committed to RMIAN’s mission.

Responsibilities:

Accounts Payable 

• Management of weekly Accounts Payable Process Including: 

• New Vendor Setup and W-9 Maintenance 

• Review invoices for accuracy, obtain approvals where necessary and input into the general ledger 

• Print checks, obtain signatures, mail checks, file all supporting documentation 

• Complete annual 1099 reporting for vendors/subcontractors with the IRS 

Accounts Receivable

• Management of monthly/quarterly Accounts Receivable Process Including:

• Gather time sheets from staff and receipts/bills to be charged to funding source

• Generate all invoices due to RMIAN from various external parties including clients, funders and government entities

• Actively follow up on outstanding invoices, including AR collections calls 

• Prepare and deposit accounts receivables and donor/grant checks including monitoring of bank account balances for accuracy 

Financial Statements / Month End Close Procedures 

• Manage month end close process to ensure accurate issuance of financial statements

  • Collaborate with RMIAN Departments to ensure close inputs are received accurately and timely 

  • Ensure accurate time reporting by RMIAN staff to support invoicing and payroll allocation 

  • Prepare/post all month end journal entries and financial activity (e.g., payroll, credit card, accrued revenue and expense, prepaids and depreciation)  

  • Review all GL accounts prior to close and reconcile all balance sheet accounts

• Maintain all accounting files and records including detailed receipts for credit card transactions 

• Support annual issuance of audited financial statements 

Budgeting / Financial & Grant Reporting

• Support the annual operating budget process, create financial models and input budget information into QB for reporting 

• Support preparation of budgets / financial reports for philanthropic and federal grants including new proposals and periodic reporting for existing donors 

• Support Monitoring/Analysis of spending by Donor, report to management as necessary including tracking of all grant outstanding balances and projected spending  

Payroll / SIMPLE 

• Ensure proper completion of timesheet records by RMIAN staff including monitoring and reporting on timesheet compliance 

• Review expense reports, confirm proper receipts and Manager approval 

• Process payroll, ensuring accurate calculation of wages, tax withholdings and deductions  

• Monitor personnel records within payroll system to track for wage and role changes 

• Complete SIMPLE contributions including employee + employer contributions

Key Competencies Needed for Success:

• Detail oriented with the ability to work independently on multiple tasks at once

• Organize documentation both electronically and physically

• Quality and accuracy driven

• Proficiency with QuickBooks 

• Proficiency with Excel skills, including functions such as lookups and pivot tables

• Ability to maintain an effective level of business literacy about the organization and apply a critical/analytical approach to business decisions 

• Ability to maintain a high degree of confidentiality on sensitive personnel and organizational matters

• Ability to engage in team meetings as a way to develop and leverage relationships within and across work groups to achieve results 

• Strong written and verbal communication skills

• Ability to prioritize activities and work in self-directed manner against tight deadlines in a team-oriented environment  

• Proficiency with Microsoft Office and Google Docs

• Diverse lived experiences and ability to honor and appreciate those of others

• Demonstrated appetite to engage with DEI (Diversity, Equity, and Inclusion) work and/or conversations

• Demonstrated passion for the RMIAN mission and ability to deeply understand the complexities of the work that RMIAN is doing in the immigration system

• Preference for Accounting education/designation or previous experience

• Preference for experience with GAAP and general ledger accounting

Requirements:

• Bachelor’s Degree in Accounting or related field or the cumulative of related experience preferred 

• Non-profit experience preferred 

• At least 1-3 years of accounting experience required, 3-5+ years preferred

• RMIAN maintains a deep commitment to a mandate of care for our staff and communities, and thus requires vaccination for COVID-19, as well as adherence to social distancing, masking, and office occupancy protocols.

Location:

• This position is based out of RMIAN’s office located in Westminster, Colorado. RMIAN’s operations are primarily remote during the COVID-19 pandemic but subject to change over time. At this time, this role will require being physically in RMIAN’s office at least once or twice per week while working remotely other days.

Compensation:

• This is a full-time, salaried, exempt position. Salary is commensurate with experience;  the range is between $45,000-$60,000. Salary includes a generous benefits package, including excellent health insurance (100% covered by RMIAN), dental & vision insurance, life insurance, professional liability insurance, short-term disability insurance, eligibility to participate in RMIAN’s Simple IRA retirement plan (RMIAN matches 3%) and flexible spending plan. RMIAN provides professional development opportunities, and paid vacation time and sick leave. RMIAN also provides a sabbatical policy after five years of employment. 

If this profile calls to you, please send a tailored, authentic cover letter that explains (1) why this mission excites you; and (2) why this particular role is a great fit for you - along with your resume and list of references - to hr@rmian.org.

Applicants are encouraged to apply as early as possible.  Interviews will be conducted on a rolling basis until the position is filled.

RMIAN is an equal opportunity employer and recognizes the importance of diversity in the workplace. We encourage applications from people of color, immigrants, women, members of the LGBTQ community, and other underrepresented and marginalized groups. RMIAN does not discriminate on the basis of race, color, religion, gender, sexual orientation, gender identity or expression, age, national origin, disability, marital status or veteran status. We are committed to providing an inclusive and welcoming environment free from discrimination.

Joint Letter in Response to RMX 2.0 and Title 42 Continuation

We, the undersigned 242 organizations, write in dismay at the administration’s decision to expand the Remain in Mexico policy and deploy it in tandem with Title 42 in order to turn away to danger families and individuals who are seeking safety in the United States. Nearly eleven months since taking office, this administration continues to violate U.S. asylum law and evade U.S. treaty obligations by blocking and returning asylum seekers to places where their lives and safety are in peril. We urge the administration to terminate these harmful, illegal policies and ensure that people fleeing persecution and torture can request asylum and other protections at the border, including at ports of entry.