Immigration Clinic Wins Long-running ‘JC Case'
After nearly five years of litigation, one of the UC Davis School of Law Immigration Clinic's longest-running cases came to a successful conclusion when Juan Carlos, the client known as "JC" to Immigration Clinic students and staff, was granted lawful permanent resident status October 5. News of the completion of the final steps in granting the client's relief from removal was greeted with elation by many who had worked to help him remain in the United States.
"This case is a perfect example of effective teamwork, and merging the right forces toward a mutual goal," said Professor Raha Jorjani, the supervising attorney on the case.
The "JC case" has been worked by several students, faculty, and staff with the Law's School's Immigration Clinic and Civil Rights Clinic combining forces on the effort. The client, an undocumented Mexican citizen who has been diagnosed with a serious mental health issue, had been residing in the United States for more than 10 years when he came to the attention of U.S. Immigration and Customs Enforcement following his first-time arrest for a minor, non-violent criminal offense symptomatic of his mental illness. ICE officials were set to deport him, despite the client's fears of persecution on account of his mental illness, including involuntary confinement, upon returning to Mexico. He applied for both Asylum and Cancellation of Removal based on his 10 years of continuous residence in the U.S. and the exceptional hardship his parents would experience if he were removed to Mexico.
In the early stages of the case, Professor James Smith and Daniel Torres '02 led the effort to obtain a post-conviction relief that made the client eligible for immigration relief and for release from immigration detention. Criminal attorney Jim Granucci represented the client, pro bono, in entering a new plea that was more advantageous for his immigration status. The Civil Rights Clinic, under the leadership of Professor Carter White, took on claims pertaining to the client's inability to access the medication he needed in order to meaningfully participate in his hearings while in custody.
Also playing an important role was Martha Jaime, Office Assistant and Receptionist at the Immigration Clinic. Jaime diligently maintained contact with the client over the years to make sure that he was getting his medication and complying with the terms of his probation, helped to make sure he was attending weekly meetings at a local program that provides group therapy, counseling, and rehabilitation services, and served as an interpreter in preparing witnesses for upcoming hearings.
On April 21, 2008, Caroline Swindells '09 and Kelly White '09 appeared on behalf of the client before an immigration judge in San Francisco under the supervision of Professor Jorjani, presenting their case for six continuous hours. Swindells and White were able to secure the participation of several key experts on the treatment of mentally ill individuals in Mexico, many who played key roles in a major international report that was released on this topic by Mental Disability Rights International in 2000. Several experts wrote affidavits for the Judge to review and two testified telephonically, one from Mexico, about the client's medical needs and conditions in Mexico.
On August 25, 2008, Judge Marks granted the client three forms of relief from removal: Asylum, Withholding of Removal, and Cancellation for Non-Permanent Residents. The government appealed the decision and the case remained pending before the Executive Office for Immigration Review, Board of Immigration Appeals for several months, although the client received his work authorization thanks to the efforts of Christopher Carr '10 last summer.
On June 24, 2009, the Board of Immigration Appeals dismissed the appeal, upholding Judge Marks' decision to grant relief. The Board upheld the Judge's grant of Cancellation of Removal, thereby finding it unnecessary make a final decision on the Asylum Case. Through a grant of Cancellation of Removal, Juan Carlos is adjusted to the status of Lawful Permanent Resident.
"There are countless individuals who poured time and care into this case over the last five years," Jorjani stated. "To name all of them is likely not possible, but they include Professors Amagda Perez, Holly Cooper, Carter White, and James Smith, as well as Lawrence Masson, Teresa Medina, Kirsten Hill, Katie Ruhl, Jessica Zweng, Julia Mendoza, Neta Borshansky, Erin Hernandez, Caryn Crosthwait, Katie Dwight, Sarah Farnsworth, Aric Bright, Amanda Pearson, Erin Simonitch, Guy Danilowitz, Erica Ballinger, and Chris Todd."
Professor Jorjani stressed that although the victory was cause for celebration, the case also serves as a reminder of the significant problems that still exist with regard to the United States' legal system and how it deals with undocumented immigrants.
"There are many individuals out there with claims just as strong as Juan Carlos', but who are unable to assert them because they have no right to a government-appointed counsel and cannot afford to hire an attorney," she said. "Even as we celebrate the outcome of this case, we need to consider ways to address the devastating consequences of lack of counsel for individuals facing deportation and address the need for reform."
Immigration Law Clinic
Civil Rights Clinic
