Asylum Win for Woman from DRC
Partner Henry Weisburg (NY-LT), associates Seth Chandler (NY-FG) and John Padilla (NY-LT) and pro bono specialist Sara Padua won asylum for a pro bono client from the Democratic Republic of Congo (DRC). Their client, M.M., was active in the Union pour la Démocratie et le progrès social(Union for Democracy and Social Progress), one of the primary opposition groups in the DRC that struggled against the dictatorship of President Joseph Mobutu and later agitated against the governments of Laurent-Désiré Kabila and his son, Joseph Kabila.

M.M. was arrested and tortured on several occasions by government forces and her husband was killed for similar activities. She fled the DRC with two of her four children.

The firm first received this case from Human Rights First in February 2005, on appeal to the Second Circuit Court of Appeals. M.M.'s asylum application was initially denied by the Immigration Judge (IJ) and the Board of Immigration Appeals (BIA). On a stipulated remand from the Second Circuit to the BIA, the case was eventually assigned to a new IJ. After reviewing M.M.'s file and a brief Chandler and Padilla wrote, the IJ granted the client and her children asylum. (5/07)

Assistance on Mortgage Foreclosure Fraud

The firm is representing a pro bono client who, after falling behind on her mortgage payments, was befriended by "mortgage foreclosure consultants" (or "foreclosure rescuers") who fraudulently induced her into unknowingly transferring the title to her family home in San Jose, California, in a purported sale/leaseback transaction. The defendants later prevented her from exercising a promised buy-back option and ultimately evicted her from her home. In late October, after some of the defendants had pled guilty to mortgage foreclosure fraud in a criminal case involving other properties, the defendants removed all of the client's personal property from the home in order to prepare the home for sale to a third party buyer.

On November 6, the firm filed a civil complaint in state court in San Jose asserting numerous claims under California law, including violations of the Mortgage Foreclosure Consultants Act, the Home Equity Sales Contract Act and common law fraud. Immediately thereafter, the firm obtained a temporary restraining order that prevented the defendants from selling or transferring any interest in the home or personal property. The defendants later substituted a prominent real estate counsel, and after full briefing, the matter went to a hearing on January 9, 2007 on the client's application for a preliminary injunction to prevent the sale or transfer of the home or property, which the court granted later that day. The case was referred to the firm by the Fair Housing Law Project of the Law Foundation of Silicon Valley.

Attorneys included partner Patrick Robbins (SF-LT), counsel Bruce Kelson (SF-LT) and associates Azadeh Gowharrizi (SF-LT) and Sean Strauss (SF-LT).

Win on a Holocaust Compensation Appeal

Shearman & Sterling lawyers recently received a successful outcome for their pro bono client, Ms. H., in a Holocaust compensation appeal referred to the firm by New York Legal Assistance Group (NYLAG). Ms. H. is the granddaughter of a wealthy Polish Jewish businessman who perished in the Treblinka concentration camp.

Prior to World War II and his capture, Ms. H's father mentioned several times that his life insurance policy was held by a certain large insurance company. During their investigations, the insurance company discovered that such a policy had been taken out in 1929. However, since it did not appear on an early form of computerized record dating from 1936, they claimed it must have been cancelled or surrendered for reasons independent of the Holocaust prior to 1936. Although they were unable to say why it had been cancelled or surrendered, they argued that Ms. H. was not eligible for compensation. Ms. H. appealed to The International Commission on Holocaust Era Insurance Claims (ICHEIC) Appeals Tribunal.

Under the rules of the ICHEIC scheme, insurers are permitted to rely on "negative evidence" to reject a claim. The arbitrator appointed by the tribunal found that despite the insurer’s convincing “negative evidence” that the policy was cancelled, it was unlikely that a wealthy man with numerous real estate holdings would fail to protect the future of his family by neglecting to maintain his life insurance policy. Ms. H. was therefore awarded $21,811.98 based on the sum of the original policy and the interest it would have earned to date. According to NYLAG, it is very rare for the tribunal to find in favor of a claimant, making this victory significant for all involved.

Attorneys included partner Jo Rickard (LO-LT) and associate Bryan Shacklady (LO-LT/IA). (1/07)

Win on Appeal For Asylum Claim For an Eritrean Man

Shearman & Sterling’s Litigation Group won a Third Circuit appeal for Mr. G., an Eritrean student who had been denied asylum and withholding of removal by an immigration judge and the Board of Immigration Appeals. Mr. G's claims for asylum were based on his status as a Pentecostal Christian, a religious group that cannot openly practice its faith in Eritrea. Additionally, he belongs to a contingent group of soldiers that were forced to retreat into Sudan during a war with Ethiopia; consequently, they cannot return to Eritrea for fear of being tortured by the government as they would be labeled “traitors” or “spies.”

In a published opinion, the Third Circuit granted Mr. G’s petition for review, finding that the immigration judge’s previous conclusions were not supported by substantial evidence. Accordingly, the Third Circuit remanded the case to the Board of Immigration Appeals for further proceedings consistent with the court's opinion. The opinion can be found by clicking here.

Associate Mikael Abye (SF-LT) gave the oral arguments. Other attorneys included partner Stephen Hibbard (SF-LT), counsel Wendy Ackerman (WA-LT), associate Mary Moycik (SF-LT) and specialist Rachelle Abrahami (NY-CM).

Man From Togo is Granted Political Asylum

Shearman & Sterling won political asylum for a man from Togo. KG is now a lawful permanent resident, having been granted political asylum. This gives him the right to reside legally in the United States, work, and even bring over his children, who are still living in Togo.

KG was involved in the democratic reform movement in Togo, working as a youth organizer of a leading opposition party. He was detained and tortured for a month because of his refusal to assassinate an opposition leader. He was released from jail and subsequently fled the country. He returned to Togo in March 2005 after the death of the president. Upon his return, however, the police came looking for him, forcing him to flee once again. He came to the United States, was stopped at JFK Airport and announced that he was seeking asylum.

Shearman & Sterling began work on this case in May 2005. KG's case was to be "fast-tracked" because he was detained, but because of problems with interpreters and the crowded docket of the judge at the Elizabeth, New Jersey detention center, his case was delayed several times. The case finally concluded on March 15, 2006. KG's hearing on the merits went on for two days and included his eight hours of testimony and the testimony of an expert witness on his mental condition. The firm submitted a report from an expert witness on conditions in Togo, and another witness from Germany testified telephonically, corroborating KG's story.

Attorneys on the matter included partner Henry Weisburg (NY-LT), associates Lisa Bagley (NY-LT) and Christina Wilson (NY-LT) and legal assistant Gwendolyn Stamper (NY-LT). The case was referred to the firm by Human Rights First.

"Fighting for Redemption in Rwanda" in Corporate Board Member

The July/August 2006 issue of Corporate Board Member magazine featured an article on associate Paula Howell's (LT-NY) experience working at the International Criminal Tribunal for Rwanda (ICTR). Howell is one of about 40  Shearman & Sterling lawyers who have spent a month each providing pro bono aid to the prosecutors at the ICTR. To view the article click link at right.

The complaint also alleges that, after they complained about the segregated bathroom, the plant manager told them that the bathroom had been locked because they were "dirty" and announced the closing of the break room.  According to the clients, the same white employees who had keys to the "Whites Only" bathroom formed their own, private break room.

The US Equal Employment Opportunity Commission has also filed a suit in the matter on behalf of all Tyson employees.