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June 2009, Heather Condon, Howrey LLP
Volunteer attorney Heather Condon was shocked to read about the years of abuse 12-year-old Jerry* suffered from family members in his home country. "His story gripped me," she said. As an associate at Howrey LLP, Heather read about Jerry on a list of potential pro bono cases and knew in her heart that she had to commit to helping him.
"He has had no parental support since he was 6 years old," Heather said. "Abuse was an everyday, common occurrence. He had no one to protect him. He was in a desperate situation."
Although Jerry is a young teenager, he looks more like an 8-year-old, his small body often lost in an oversize T-shirt. He makes up for his small stature, however, with an enormous smile that lights up his entire face when he is pleased about something, which is more and more often these days.
Jerry rarely smiled when he first came to the United States late last year from Central America. Heather started working with him in late February, meeting with him once a week at first, trying to draw out details about his history.
"When I first met him, he was very shy, scared, he wouldn't talk; he would just cry," Heather said. Over the course of a couple months, Jerry began to trust Heather and started to tell her more about what happened to him in his home country.
When Jerry was 6 years old, his mother left him and his two half brothers to go to the United States to try to earn a living to support them. She left Jerry first with her mother and then with her sister in the small, poor village where he was born. Jerry's grandmother was verbally abusive; his aunt was verbally, emotionally and physically abusive, as were a number of cousins who would come by the home regularly. Jerry was hit repeatedly, told not to talk, denied food at times and even tied to a tree. One of Jerry's older brothers tried to protect him from the abuse, but when he left the village in October 2008, Jerry had no one to help him. Jerry felt he couldn't stand the abuse without his brother and decided to flee to the United States.
He was picked up by government officials in Arizona and eventually referred to KIND.
"It was a challenge to try to get Jerry to talk about the abuse that he suffered, but I needed to know exactly what happened to him for his case," Heather said. "I knew it was very painful for him to keep talking about the past, but I tried to explain to him that I needed to know these things to help him." Heather is helping Jerry apply for Special Immigrant Juvenile Status (SIJS), which allows children who have been abused, neglected or abandoned to secure permanent residence (a "green card") in the United States.
Now when Jerry sees Heather, a huge smile engulfs his face. "It's been a transformation," Heather says. "He is much more willing to open up. He talks and talks. He talks more about what happened to him, and about how much he likes to be in the United States, how he is doing well in school, about playing video games and about his friends."
"It's amazing to see how much Jerry has opened up since he has been working with Heather," says Gladis Molina, a KIND Pro Bono Coordinator. "It's the first time in a long time that an adult has taken an interest in him and is helping him, not hurting him."
Heather acknowledges that having an advocate at Jerry's side has been an essential asset. Jerry also has been living with an aunt who is taking care of him. Heather is helping the aunt apply to be Jerry's legal guardian as part of the case.
Heather also has her own source of expert support, particularly important as this is the first time Heather has helped a child apply for Special Immigrant Juvenile Status. "Gladis, KIND's Pro Bono Coordinator, has been instrumental throughout this case," says Heather. "She is at every meeting with the child. She even interprets. She is as involved as I am. She is constantly available to me, late at night, over the weekends."
A milestone in Jerry's case was decided this month. A state judge ruled that Jerry's case meets the state's standard for abuse, neglect or abandonment, and granted guardianship to his aunt. The case will now go to federal authorities for a decision on his application for SIJS.
"I am ecstatic that the state court judge decided in Jerry's favor," Heather says. "This is a fantastic and big step. Now we will work hard with the Department of Homeland Security in adjudicating his SIJS and permanent residence status so that he can enjoy freedom, safety and his American dream."
While he waits for the rest of his case to be decided, Jerry is enjoying 5th grade at a local elementary school and spends a lot of his time drawing. "He has a real talent for drawing," Gladis says. "He will draw anything, copy anything that he sees." Gladis adds that when Jerry is not in school or drawing, he loves to play Guitar Hero.
*Name changed to protect the child's identity