Immigrants’ Rights Clinic Student Helps Win Asylum for Survivor of Domestic Violence

Dena Birkenkamp (’15) successfully represented the client in her asylum hearing at the Boston Immigration Court.

In an important victory, BU Law Immigrants’ Rights Clinic (IRC) student Dena Birkenkamp (’15) recently won asylum for a survivor of severe and protracted domestic violence in Central America. Supervised by Clinical Fellow Sarah Sherman-Stokes, Birkenkamp has worked on the case since September 2013, first as a 2L clinic student, and returning this school year as a research assistant. Her work was rewarded in her successful representation at the client’s December 2014 asylum hearing before the Boston Immigration Court.

Before fleeing to the United States, the client was subjected to physical, sexual, and psychological abuse at the hands of her father and, later, two partners in El Salvador. After being imprisoned for inflicting horrific abuse on his family, the client’s father was released and returned to live with those he had abused. As Birkenkamp points out, this was highly traumatizing for the client, and eroded her trust in the law enforcement system in El Salvador.

The client was later in two abusive relationships. When her life was threatened by one partner, she reported him to the police, who refused to take any action in her case. “Having nowhere else to turn,” says Birkenkamp, “our client then fled to the United States.”

While several clinic students participated in the client’s case, Birkenkamp worked on the client’s affidavit in support of her asylum application and to prepare her to testify in court. “The preparation involved many hours of interviewing our client to make sure that we knew all we could about her story to ensure that all the documentation we submitted contained consistent information,” recalls Birkenkamp.

In addition, Birkenkamp submitted extensive written briefing on the legal issues in the client’s case and worked with members of the client’s family in El Salvador to draft supporting affidavits. She also coordinated with expert witnesses, including a psychologist and a country conditions expert, in preparing affidavits and testimony. Birkenkamp’s efforts culminated in representing the client in a full hearing before the Immigration Court, including direct exam of witnesses, evidentiary arguments, and closing statements.

“Asylum for survivors of domestic violence is a cutting edge area of the law,” says Sherman-Stokes. “Dena has done an incredible job both of building trust with a deeply traumatized client and in her written and oral advocacy on the client’s behalf. Her clients are very lucky to have her on their side.”

Birkenkamp is thrilled at the case’s outcome. “I first met our client in September of 2013, and worked with her for well over a year before representing her in her asylum hearing,” she says. “I became incredibly invested in her story and her case. It was truly rewarding to have a successful outcome for my client.”

Currently, Birkenkamp is spending a Semester-in-Practice with Mid-Minnesota Legal Aid, a nonprofit organization in Minneapolis, MN. She is gaining additional experience in various types of immigration cases, including U Visas for victims of crimes, Temporary Protected Status, and permanent residency.

“The IRC has so far been my favorite experience in law school,” says Birkenkamp. “The clinical instructors are excellent, and the clinic was a great way to gain practical experience in a fascinating area of law. I especially enjoyed working with our clients, many of whom fled their home countries and seek immigration status in order to live in greater safety.”