NYLS STUDENTS TAKE ACTION Vietnam Veteran

WE ARE NEW YORK’S LAW SCHOOL
NYLS STUDENTS TAKE ACTION
Office of Clinical and Experiential Learning
VOL 9 | ISSUE 3
MAY 2016
INSIDE THIS ISSUE
Veterans Justice Clinic Students Help
Save 45-Year Tenancy of Disabled
Vietnam Veteran
Civil Justice and National Advocacy:
NYLS Goes to Washington!
NYLS Students Present at ABA Dispute
Resolution Conference
Students in Action: Standing Up for
Immigrant Kids
NYLS Safe Passage Students participate
in the Pro Bono Scholars Program
CLIENT INTERACTION
COMPETITIONS
PROJECTS
CASES
NEGOTIATING
EXPERIENTIAL LEARNING
INTERVIEWING
COUNSELING
MOCK TRIALS
DRAFTING
PRACTICAL SKILLS
APPLYING LAW
EXPERIENCE
EDUCATION
MEDIATE
By Adjunct Professor Peter A. Kempner, Esq.
The students in the Veterans Justice Clinic
in the Spring 2016 semester were an integral
part of the trial team which saved the 45-year
rent-controlled tenancy of Mr. B, a disabled
Vietnam era veteran who suffers from PostTraumatic Stress Disorder and other ailments.
Mr. B, a Brooklyn native, was drafted into
the United States Army at the age of 19
and served in South Vietnam from 1968 to
1969. As his sister testified at trial, Mr. B
was never the same when he returned from
the war. Back in Brooklyn after receiving an
Front left to right: Colleen Arnett, Jennifer Repollet; back left to right: Adj.
honorable discharge in 1971, Mr. B found
Prof. Pete Kempner, Dawn Neagle, Caitlin Nelan, Cody Churchill
an affordable rent-controlled apartment and
work as a carpenter. Mr. B has lived in the
same apartment ever since. Mr. B was unable to handle his own finances or pay his own bills so his sister came
over to his apartment regularly and assisted him for decades. When his sister passed away in the early 2010’s
another sister took over Mr. B’s finances. This sister lived in Massapequa, N.Y. and found it easier for all the
bills to be sent to her address in Long Island. Mr. B filed his taxes using his sister’s address, so she wouldn’t miss
any paperwork from the IRS. Mr. B’s driver’s license listed his sister’s address for the same reason. Mr. B had
registered to vote in 2008 for the first time in his whole life. Mr. B told the Court that he was never interested
in voting before but he wanted to be a part of history in 2008 by voting for the nation’s first African American
president. He registered to vote using his sister’s address because he needed someone to help him get to the
polling place and he did not want to inconvenience his sister by registering to vote in Brooklyn.
Mr. B was shocked when he received a termination notice from his landlord in early 2015 alleging that he
lived in Massapequa and was no longer maintaining his Brooklyn apartment as his primary residence. In
order to qualify for continued occupancy in a rent-controlled apartment the tenant of record must maintain
the subject apartment as their primary residence. If a landlord suspects that a tenant is maintaining their
primary residence elsewhere the landlord may commence a holdover proceeding based on non-primary
residence. The notice alleged that all of his bills, his voter registration, his driver’s license and his tax records
all indicated he lived in Massapequa and he has not been seen in the subject building in years. The landlord
in this case was eager to regain possession of this rent controlled unit because if Mr. B was evicted they
could raise the rent by orders of magnitude in his gentrifying Brooklyn neighborhood.
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LAW ACTION
Veterans Justice Clinic Students Help Save 45-Year Tenancy of Disabled
Vietnam Veteran
Soon after receiving the notice of termination, Mr. B retained the Veterans Justice Project at Legal Services
NYC as his counsel. After about a year of discovery and depositions the case was sent to trial on February 2,
2016. The trial was held over six days spanning the period of February 2 through February 23, 2016. In his
defense we were able to show not only that there was a reasonable explanation for Mr. B appearing on paper
to live in Massapequa but we were also able to show why no one in the building management had seen Mr.
B in years. Mr. B awoke very early in the morning and left his house to spend his days at local senior centers
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To find out more about our programs, please contact the Office of Clinical and Experiential Learning at 212.431.2179.
MAY 2016
VOL 9 | ISSUE 3
and roaming the streets of Brooklyn. Mr. B testified that he could not
stay home alone with his thoughts because he would then return in his
mind to the horrors he saw in Vietnam. Instead he stayed on the move
and only returned late at night to sleep. The Court held that Mr. B lives
his life “in an unconventional manner ….[he] is withdrawn and slightly
confused, and seems affected by certain events which occurred in his
life…. Accordingly, Respondent’s defense, that in order to sleep with a
semblance of peace at night he must remain active all day, is credible.”
this bill would pass, and also to thank the Senator for his opposition to
the bill. Senator Schumer’s intern, Matt Rosenspire, then took us to the
Capitol for a tour. Every inch of the Capitol building bore some clue
about its history, from the paw prints of the ghost cat on the ground,
to the former grandiose Supreme Court where cases such as Gideon v.
Ogden, La Amistad and Scott v. Standford were argued. I felt a sense
of self import, as I walked the same hallways that brilliant legal scholars
and politicians had themselves walked ages prior.
The students assisted in witness preparation, legal research with respect
to the admissibility of evidence during the course of the trial and in
preparing the written summation submitted to the Court after the
conclusion of the trial. At one point, during a break in the trial, the
Judge called the clinic students into his chambers and discussed with
them their clinic experience, veterans and housing law.
Laura Rion 2L. Following the tour, we met with Senator Kirsten
Gillibrand’s (D-NY) Legislative Fellow, Jessica Larson. Ms. Larson was
very engaged throughout our discussion and took many notes and asked
questions. Before our next meeting, we stopped by a few Senate offices
and handed out extra legislative packets, allowing us to practice speaking
to staff in a quicker, casual setting. Finally, we met with Senator Durbin’s
(D-IL) Senior Counsel for the Senate Judiciary Committee, Dan
Swanson. Senator Durbin is the Assistant Minority Leader (Democratic
Whip). We voiced our thanks for Senator Durbin’s opposition to the bill,
and we gained a number of new insights about the bill’s prospects in the
Senate. This trip, while an extremely quick day, was rewarding and well
worth it. I felt like all the hard work we’ve put in all year was validated by
the responses we got from the Senate offices. It was also a great experience
to prepare for and have these meetings with Senate staffers. n
A few days before the Veterans Justice Clinic’s last class the Court
issued its decision dismissing the petition with prejudice. In the ruling
the court held that “it is well known that rent regulation is designed to
protect tenants by providing affordable apartments and shielding them
from eviction based upon significant increases in rent. The court finds
that Respondent B, a Vietnam War veteran, is one of the tenants the
legislature had in mind when enacting that statute. Accordingly, the
proceeding is dismissed with prejudice.”
Mr. B paid our office a visit soon after the ruling and thanked us all for
the hard work everyone had put into saving his apartment. He said he
may now finally get a good night’s sleep.
NYLS students interested in joining the clinic should e-mail
[email protected] n
Civil Justice and National Advocacy:
NYLS Goes to Washington!
Afroza Yeasmin 3L. The Civil Justice and National Advocacy clinic’s
work focused on a congressional bill – H.R.1927 – which passed the
U.S. House of Representatives shortly before the clinic began and was
now in the U.S. Senate. The bill dealt with both asbestos litigation and
class actions. Professor Joanne Doroshow organized a clinic trip to
Washington, D.C. for April 1 so that we could meet with a number
of Senate offices to talk about both the asbestos and class action issues.
We researched which Senators with whom it would be most beneficial
to meet during the trip, especially looking at House votes to see if
we could understand which arguments resonated with some – and
dissuaded others. Before the trip, we had a phone call with Lartease
Tiffith, Sen. Diane Feinstein’s (D-CA) Senate Judiciary Committee
counsel, to talk about these issues.
Barbara Wheatle 4LE. On April 1, after arriving in D.C. by train, we
met with Becca Kelly Slaughter, Chief Counsel to Sen. Chuck Schumer
(D-NY). The Senator had already expressed opposition to this bill so
our job was really to engage Ms. Kelly to inquire about the likelihood
Matt Rosenspire of Senator Schumer’s office, heading over to the U.S. Capitol with students
Barbara Wheatle and Laura Rion. Afroza Yeasmin not pictured here.
Barbara Wheatle, Adj. Prof. Joanne Doroshow and Laura Rion, Afroza Yeasmin not pictured
here, with Daniel Swanson, Senior Counsel to Senator Durbin. The photo is taken outside the
Senator’s office after our meeting with Mr. Swanson.
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To find out more about our programs, please contact the Office of Clinical and Experiential Learning at 212.431.2179.
MAY 2016
NYLS Students Present at ABA Dispute
Resolution Conference
Left to right: Laura Molina 4LE, Trina Cornet 4LE, Brielle Kilmartin 3L, Darley Maw 3L, and
Kelly Padden 2L
VOL 9 | ISSUE 3
Special Immigrant Juvenile Status (SIJS) and asylum. The students’
presentation had a soccer theme, to explain to audience members
the different actors and “sides” in immigration removal proceedings
involving unaccompanied children, and also to celebrate the soccer
games hosted by Safe Passage for immigrant kids in order to build
friendship and a support network in the United States.
On Thursday, April 28, Professors Lenni Benson and Claire Thomas
celebrated the last class of the semester with an outing to the Second
Circuit Court of Appeals to hear oral arguments in the asylum case
of Zelaya de Ceron v. Holder. Heather Axford, Senior Staff Attorney
at Central American Legal Assistance (CALA), who argued for the
petitioner, was a guest speaker on gang-based asylum cases to the class
in the fall semester and will be teaching Refugee and Asylum Law
at NYLS during the Spring semester of 2017. After the arguments,
Professor Benson treated students to coffee over a discussion of the
issues presented in the case and a celebration for a great year advocating
on behalf of immigrant kids. n
Students in Action: Standing Up for Immigrant Kids
By Adjunct Professor Claire R. Thomas
From left to right: Clinic students Ke Wei, Dalielle Miranda, Bethanna Abate, Xixi Liu, and
Timothy Greenberg
Photo by Professor Lenni Benson
On Wednesday, April 6, students from the Immigration Law and
Litigation Clinic presented to NYLS faculty and students during
Faculty/Student Presentation Day. The students’ presentation, entitled
“Standing Up for Immigrant Kids,” highlighted their work as clinic
students with the Safe Passage Project over the course of the academic
year. During their 40 minute presentation, students explained to
audience members how unaccompanied immigrant children migrate
alone to the United States, the reasons for their journey, what happens
to unaccompanied children once they are apprehended by immigration
authorities, and how children come to New York. The students then
explained their role of interviewing children in Immigration Court,
acting as “friends of the court” to obtain adjournments of immigration
hearings for more time for Safe Passage to assist the children to find
pro bono lawyers, and making initial assessments of the children’s
eligibility for immigration relief. Students discussed two immigration
relief options for which many unaccompanied children are eligible –
Photo by Adjunct Professor Claire R. Thomas
On Thursday, April 7, 2016, New York Law School students Trina
Cornet 4LE, Brielle Kilmartin 3L, Darley Maw 3L, Laura Molina
4LE, and Kelly Padden 2L presented at the American Bar Association’s
Dispute Resolution Section Spring Conference. The students presented
on their experiences in the Arbitration and Mediation Clinics, the
Negotiation Theory and Practice course, the Domestic Arbitration
intensive course, and the Dispute Resolution Team competitions
(including the International Commercial Mediation Competition). In
particular, they noted how the lessons they took from these experiential
learning opportunities were transformative in their professional
development. n
Left front to back: Clinic student Xixi Liu, Adjunct Professor Claire R. Thomas, Pro Bono
Scholar Carlos Valenzuela; right front to back: Clinic students Timothy Greenberg, Bethanna
Abate, Dalielle Miranda; Missing: NYLS Clinic student Ke Wei, Pro Bono Scholar Rob Drolet
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MAY 2016
VOL 9 | ISSUE 3
NYLS Safe Passage Students participate in the
Pro Bono Scholars Program
By Yamilette Alvarez, Legal Assistant at Safe Passage Project
Robert Drolet – Pro Bono Scholar
Carlos A. Valenzuela – Pro Bono Scholar
The Safe Passage Project is thrilled to have both Carlos A. Valenzuela
and Robert Drolet serving as Pro Bono Scholars as both have been
actively involved with the Project since they began New York Law
School. The Pro Bono Scholars Program was created by Chief Judge
Jonathan Lippman in 2014 as a way to address the issue of access to
legal justice. It is a program under which law students in their last
semester of law school work full-time for a non-profit organization
for 12 weeks, and complete mandatory 2-hour seminar course. The
students are also required to take the February Bar Exam prior to
graduation. After successful completion of the Program, they will be
eligible for accelerated admission to the bar.
Carlos started as a law student volunteer with the Safe Passage
Project during his first year at New York Law School, and is currently
working with Safe Passage Project as a Pro Bono Scholar. Carlos firmly
believes that the Pro Bono Scholars Program has really given him the
opportunity to learn about the type of attorney he one day hopes to
become. He has been a devoted volunteer and has provided his services
to many clients while also serving as a mentor to volunteer attorneys
that are not too familiar with immigration cases.
Carlos is happy to be working full time with Safe Passage Project
where he has had the opportunity to work with exceptional attorneys
who have helped him grow personally and professionally. During
his time as a Pro Bono Scholar, Carlos has been given the chance to
work on several types of cases, including Special Immigrant Juvenile
Status and asylum. Carlos has worked closely with attorneys who
have volunteered their time to represent a child who would not
otherwise have representation and for him “it feels good to be part
of the support system that helps the cases progress.” He is pursuing
a career in Business Immigration, while remaining committed to
child migrant representation on a pro bono basis. Carlos successfully
passed the February New York State bar exam and will be eligible to
practice soon after graduation.
Robert has a Bachelor of Science in Human Resources Management
from The New School in New York and a Bachelor of Engineering from
Georgia Tech. Robert served as a Nuclear Engineer with the United
States Navy and was selected as a Naval Foreign Liaison Officer to
South America. Robert is a registered Patent Agent and a Professional
Engineer in Florida.
Since his first week as a student at New York Law School, Robert has
been committed to the mission of the Safe Passage Project and has
been a wonderful asset to the organization. As a Pro Bono Scholar, he
conducts client interviews, files motions and petitions, assists pro bono
attorneys with building and submitting both application for Special
Immigrant Juvenile Status and Adjustment of Status, and assists clients
with pro se guardianship petitions. Robert successfully passed the
February New York State bar exam and will be eligible to practice soon
after graduation.
Since the announcement of the retrogression of a visa category
applicable to young Safe Passage clients on April 12, Carlos and Robert
have worked tirelessly with Professors Benson and Thomas, and all the
staff, students, and pro bono attorneys of the Safe Passage Project to
ensure that the necessary immigration applications were filed before
the end-of-April deadline. We are truly grateful to have them as fulltime members of our Safe Passage Project team! n
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