KIND's January 2012 PBA of the Month: Kirkland & Ellis "Two" The Rescue, How One Associate’s Repeated Emergency Efforts Are Helping Alberto and Carolina

With time running short for two KIND clients, Kirkland & Ellis LLP's Jon Janow volunteered to help. Jon's clients – Alberto and Carolina*, both from Central America – were children who were on the verge of ageing out of eligibility for Special Immigrant Juvenile Status (SIJS). Because both were emergency SIJS cases with mere weeks available for relief, Jon had to work within very tight deadlines, racing against the clock to file motions for emergency hearings and arguing the merits before each child turned 18 years old.

"Despite taking on Alberto's case with very little time remaining before his eighteenth birthday, we were able to secure a successful child custody order and SIJS factual findings the very day before Alberto aged out of relief under state law," Jon explained. And Jon's success prompted his taking on a second emergency case – Carolina's – with similar timing challenges. When asked about the experience of having a short window of time to meet extremely crucial deadlines, Jon stated, "I obviously always want to do what is best for my clients, so I had the attitude of not willing to take 'no' for an answer at any stage."

And Jon's efforts are no surprise given Kirkland and Ellis' deep commitment to pro bono work. Through an outstanding partnership with KIND, more than half of the firm's six U.S. offices have taken on at least one KIND case.

Though Jon always intended to work on pro bono cases, he gives a lot of credit to his firm's pro bono program because not only does it allow junior associates to seek out cases that interest them, it also provides each attorney with the opportunity to write substantially and garner courtroom experience even within their first year.

Jon also credits KIND with providing him with the opportunity to make a difference in two children's lives and having the access "to a wealth of knowledge" from KIND's pro bono coordinators. "KIND's pro bono coordinators are great ambassadors for KIND. They are very accessible and knowledgeable. I never felt alone in working on the cases." Jon said.

Jon worked closely with colleagues Jean Cohn-Connor, a Kirkland partner who has supervised numerous KIND cases, Jonathan Jones, a Kirkland associate who has done significant work on Carolina's case, and Mariano Wolff, a Kirkland legal assistant who interprets for clients. Jon Janow referred to Mariano as the "right-hand man" for everyone at Kirkland & Ellis working on KIND cases. "Mariano is an invaluable resource. He is able to quickly make clients feel comfortable, which is an essential skill, especially when the client is a child," Jon said.

While both of Jon's emergency SIJS cases involved teenagers who fled their home countries in Central America, their similarities end there. Alberto is from El Salvador and came to the United States because he was being recruited by gangs who prey on boys that do not have an adult male in their home. Carolina, from Guatemala, came to the United States because she did not have a caregiver, was unable to attend school, and had suffered tremendous hardship in her short life. You can read more about the dangers Alberto and Carolina faced below.

Alberto's Story:

Alberto's parents separated shortly after he was born when his father abandoned the family in El Salvador. When Alberto was a toddler, his mother moved to the United States to seek employment to provide for her family, and Alberto was placed in the care of his grandmother. His father was absent from Alberto's life and did not provide any financial support for his care. When Alberto reached adolescence, he began to be recruited by gangs in his community. They followed him to and from school, forcing him to take different routes, and threatened him with violence. On one occasion, they chased him with loaded guns and shot at him. The gang made a list of people who refused to join their gang and posted the list in the town, stating that everyone on that list would be killed. Alberto's name was on the list. Fearing for his life, Alberto would only leave his home to attend school. He did not attend a community festival because he was afraid that the gang would find him there. This decision may have saved his life. One of Alberto's cousins who attended the festival was shot and killed by the gang. This cousin also had refused to join the gang. Alberto quickly fled to the United States so that he would not share the fate of his cousin and so many others who did not want to join the gang.

Carolina's Story:

Carolina was very young when her mother died. At the time of her mother's death, Carolina's father was not living in the family's household and he did not financially support Carolina and her siblings. Carolina was shuffled between different relatives. After her mother died, Carolina never was able to attend school. Instead, she was forced to work. While living with her brother and sister-in-law, they insisted that she do household chores and tend to the farm animals instead of attending school. When her father reemerged in her life, she moved in with him and her step-mother. Carolina reported that her father was verbally and physically abusive towards her. Though she lived with her father, Carolina still did not receive any financial support from him; instead, her older brother who lived in the United States would help her by sending her money, but this money was often stolen by her father. Carolina worked odd jobs in order to take care of herself, often under difficult conditions. On one occasion while attempting to collect payment for her work, Carolina was attacked and raped. Carolina came to the United States so she would be safe and able to attend school.

Q&A with Kirkland & Ellis' Jon Janow

KIND: What were your initial thoughts after meeting with both Alberto and Carolina for the first time?

JJ: All of KIND's clients have sympathetic stories. Once you see the child in person, it makes their story even more impactful and personal. It was easy to see that Alberto is a great kid who went to school and did his best. He clearly did not want to join a gang and had to flee his country in order to be safe. There is something deeply compelling about helping a young person in these circumstances secure a better life for themselves. And Carolina's story is quite similar. Despite having endured a lot of suffering, Carolina looks forward to the possibilities ahead. This is essence of helping child clients – they have their whole lives in front of them. .

KIND: What was your experience like working with child clients?

JJ: In contrast to working with adult clients, it is harder to explain to children about what is going on in the court process. It is even more difficult because these are immigration cases, which are often more complex and may involve separate cases in both state court and federal immigration court. In addition, we had to be able to engage the clients in a manner in which we are able to get information from them that is needed to paint a full picture of what they endured so that options for relief are made available to them while at the same time broaching sensitive topics in a way that does not re-traumatize them.

KIND: What was your experience like working on emergency SIJS cases?

JJ: The courts understandably have a bit of a learning curve to overcome in understanding the nuances of emergency SIJS cases. It felt good to be a bit of a trailblazer – able to open up courts to enable clients to have the ability to exercise their rights to relief in a way that was previously closed to them.

KIND: At what stage are both cases? How are Alberto and Carolina doing?

JJ: In Alberto's case, we are waiting for some government decisions. In the meantime, Alberto is in school and doing very well. He is such a pleasant kid, so having him as a client made it easy to advocate for him. Carolina's case is in the very beginning of the SIJS process. We hopefully will be able to report some good news in the coming weeks. Carolina has expressed interest in learning to read and write in English, and in continuing her studies. Both children have wonderful, positive attitudes, and remain optimistic.

KIND: What advice would you give to an associate considering taking on a KIND case?

JJ: Although working on a particular case may be a challenge, it's a rewarding one. Sometimes facing a challenge is the best way to learn quickly. KIND's cases are very compelling because you have the opportunity to change a client's life.

*Names changed to protect the client's identity