Pro Bono Immigration Help

Pro Bono Representation for Immigrants in New York

Bretz & Coven is committed to helping the poor and indigent in instances where we believe we can make a difference on a compelling legal issue. 

We are very proud of our track record providing pro bono representation for immigrants in New York, New Jersey, and other areas and welcome the opportunity to learn more about instances where we may provide pro bono immigration help to sympathetic individuals and families.

Pro-Bono Service for Haitians Seeking Temporary Protected Status

The recent tragic earthquake in Haiti has created a compelling legal issue for many Haitian nationals in the United States. Accordingly, Bretz & Coven is pleased and proud to offer "pro bono" legal services to Haitian nationals in applying for Temporary Protected Status. Please note that language is not a barrier to the pro bono service we are offering. Our staff speaks more than 20 languages, including Creole and French.

It is well known that the vast devastation caused by the earthquake makes returning to Haiti impractical for the near future. Out of humanitarian concern, the U.S. Department of Homeland Security announced the designation of Temporary Protected Status (TPS) for Haitian nationals who were in the United States as of January 12, 2010. This designation will allow eligible Haitian nationals to continue living in the United States for the next 18 months. Moreover, it entitles them to employment authorization so they can work legally. It is reported that this special status would cover Haitians living in the United States illegally, as well as those Haitians who have been ordered deported. However, anyone who has been convicted of one felony or more than one misdemeanor may not eligible for this status under the TPS regulations. In contrast, convictions for most minor traffic violations have no effect on one’s eligibility. The Department of Homeland Security encourages Haitians in the U.S., who are eligible, to apply for TPS. In light of the above, Bretz & Coven is committed to offering pro bono assistance to eligible Haitian nationals seeking to apply for such status. This pro bono policy is in keeping with our long history of trying to make a difference for non-citizens in the United States.

Pro Bono Case #1

Bretz & Coven, LLP, is currently representing a Korean family facing deportation to South Korea before the Immigration Court in New York City. Their plight presents a very compelling story and highlights problems in immigrant communities and harsh reality of our immigration system. The family consists of a Korean couple, Mr. Lee and Mrs. Lee-Choi and their three minor children. The husband is a lawful permanent resident and the youngest child, a 5-year-old son, is a natural-born U.S. citizen. The mother and the two daughters have been placed in removal proceedings after the USCIS denied their adjustment of status applications which were filed as derivatives on the husband’s on a technical ground that the previous immigrant visa petition separately filed by the wife through an immigration broker does not protect her and the two minor daughters to benefit under Section 245(i) of the Immigration and Nationality Act because no supporting documents had been filed with the petition.

The older daughter is an outstanding high school student who won an essay contest sponsored by the Harvard Education Review. Ironically, her topic of choice was Dream Act, and her essay will be published in the Harvard Education Review's summer edition. The younger daughter suffers from severe physical and mental disabilities associated with Lennox-Gastaut Syndrome, severe form of epilepsy which has no cure, which she had since her birth. According to her doctor, she has the most severe form of this condition with mental age of one. She needs her mother’s constant care and her physical condition prevents her from air travel. The father has a serious heart condition and had a special device implanted in his heart to prevent cardiac arrest. Deportation of the mother and the two minor daughters would not only separate this loving family but would bring about severe physical and mental hardship upon the entire family, especially the younger daughter.

Bretz & Coven, LLP, has agreed to represent this family pro bono based on their exceptionally compelling situation. The family has been gaining extraordinary support from the Korean American community in the greater New York area and has been gaining extensive press coverage.

Pro Bono Case #2: Sierra Leone Amputee-Refugees

Bretz & Coven represented 7 children and 4 adult victims of forced amputations from Sierra Leone in connection with applications for asylum in the United States.

The victims’ trip to the United States was initiated by Matthew Mirones of Brooklyn prosthetic manufacturer, ARIMED.  Doctors and therapists at Staten Island University Hospital volunteered medical services.  The Rotary Clubs of Staten Island and Brooklyn arranged for room, board, and local transportation for the amputees. 

A fundraiser for the asylees attracted almost 1,000 people, including Senator Hilary Rodham Clinton, former President Wm. Jefferson Clinton, and Senator Charles Schumer.
The asylees went on to speak before the United States Congress and the United Nations.

See: New Lives for Young Horror Victims by Albor Ruiz, NY Daily News

Pro Bono Case #3: Detained Cuban National

Bretz & Coven represented a Cuban national who had been detained without bond by the INS for over two years, even though he couldn’t be deported to Cuba.  Our attorneys argued that mandatory detention is unconstitutional as a violation of both substantive and procedural due process.

The court ordered a bond hearing before an immigration judge and the client was released.

See: Puig v. McElroy, 97 Civ. 4411 (SHS) (LB) (S.D.N.Y. Dec. 8, 1998).

Pro Bono Case #4: Sri Lankan Mother & Son Separated

Bretz & Coven provided pro bono immigration help to a Sri Lankan woman and her 13-year-old son who were detained while they were seeking asylum. 

Our attorneys challenged her and her son’s detention in federal court, so that both were eventually released and granted asylum.

See: Inconsistency at I.N.S. Complicates Refugees’ Asylum Quest by Mirta Ojito, New York Times

Pro Bono Case #5: Single Mother & Daughter Detained in Separate States

Bretz & Coven represented a single mother and her 7-year-old daughter who were detained in separate states because of the mother’s criminal history.  Our attorneys argued her eligibility for withholding of removal.  The case was granted, and both mother and daughter were released from INS custody.

Pro Bono Case #6: Lawful Resident Charged Removable Over 25-Year-Old Misdemeanor

Bretz & Coven represented a long-time, lawful permanent resident who the INS detained for over seven months and tried to deport because of a 25-year-old misdemeanor conviction.  We argued the conviction was not an inadmissible offense, and the immigration judge terminated proceedings with prejudice. 

The client is now a U.S. citizen.

See: Immigrant Fights Off His Deportation by Mirta Ojito, New York Times

Pro Bono Case #7: Lawful Residents Subject to Retroactive Death Penalty Act

Bretz & Coven represented several lawful permanent residents who challenged the retroactive application of the Anti-Terrorism and Effective Death Penalty Act, reversing the decision of the Attorney General. 

See: Henderson V. INS, 157 F.3d 106 (2d Cir. 1998)

Pro Bono Case #8: Wrongful Detainee Attempts Suicide, Still Detained

Bretz & Coven represented a young lady from Jamaica who was placed in exclusion proceedings because of her criminal history and who attempted suicide while being detained without bond. 

Our attorneys argued the case that has become one of the most cited cases nationally for the proposition that mandatory detention is unconstitutional.  We saw the court admonish the INS in this case for failing to follow the “spirit” of its orders in its treatment of this young woman and, finally, the Board of Immigration Appeals sustained our appeal of the exclusion, because the young woman was only 17 at the time of her arrest. 

A claim of abuse, mistreatment, and medical malpractice related to her treatment was settled for a monetary amount. 

See: St. John v. McElroy, Dkt. No. 95 Civ. 9810 (KMW), 1996 WL 49956 (S.D.N.Y. Feb. 6, 1996)
St. John v McElroy, 917 F.Supp. 243 (S.D.N.Y. 1996)