Undeterred Greenberg Glusker Attorney
Prevents Deportation of Abuse Victim to Mexico
As a result of the determination of a young Greenberg Glusker litigator, a physical and sexual abuse victim facing grave danger if returned to her native Mexico obtained an order from a U.S. Immigration judge granting asylum in the United States. The ruling is the outcome of a multijurisdictional, year-long pro bono effort spearheaded by attorney Rachel Wilkes, who undertook the representation at the request of HIV AIDS Legal Services Alliance (HALSA) and the Legal Aid Foundation Los Angeles.
“Rachel took on a case that would cause a much more senior attorney to pause, and achieved a stellar result that exemplifies the best of the legal profession and our Firm’s commitment to the community,” said Norman H. Levine, managing partner of Greenberg Glusker. “Rachel was driven by her passion to provide a voice to those seldom heard, performing exceptional legal work for which we are extremely proud.”
Wilkes, a 2005 graduate of UCLA Law School and a member of Greenberg Glusker’s Litigation Group whose practice normally consists of handling business and real estate litigation matters, represented Oscar "Diana" Santander Leyva, a 41-year old transgender person from Mexico. Leyva suffered repeated physical and sexual abuse by her family, neighbors and the Mexican police, a common reality facing the Mexican transgender population.
“I believed strongly in Diana’s rights to justice. I had little experience with immigration law but was constantly encouraged by my client’s unfaltering optimism,” says Wilkes. Strongly supported by the Firm throughout the case, Wilkes originally sought the pro bono assignment to expand her service to immigrant communities, a role she pursued while awaiting entrance to the Bar.
The already difficult case was further complicated by Leyva’s transfer to four different detention centers, including across state lines from San Pedro, California to Texas.
To turn Leyva’s case around and achieve her safety, Wilkes mounted relentless opposition to two different motions to change venue brought by the government. She also introduced expert testimony on the changed and extraordinary circumstances related to Leyva’s HIV positive status and post-traumatic stress disorder brought on by past persecutions. Her fluency in Spanish assisted Wilkes in communicating with her client and witness and preparing the case for trial.
For Wilkes, “it’s just a single case in one person’s life, but meaningful change often happens in small measures.” Although the government has appealed the trial court’s ruling, Wilkes believes that the chance of a reversal is remote given the compelling facts involved. Leyva plans to live in San Diego and work with Bienestar, a social service organization for transgender individuals.
In recognition of her achievement, the Los Angeles County Bar Association recently presented Wilkes with the Hon. Benjamin Aranda III Outstanding Public Service Award of the Barristers Aids Legal Services Project/HALSA. The State Bar of California will also honor Wilkes for her “Distinguished Pro Bono Service” during its annual awards dinner held on September 26, 2008.