Tuesday, January 29, 2013

          UC Hastings Appellate Project Students Win 9th Circuit Ruling

          Sample alt tag.
          Heidi Hansen Kalscheur ’12 and Nolan Shaw ’12 represented Javier Castrijon-Garcia as part of the Hastings Appellate Project (HAP). Shown here with HAP Director Gary Watt 97.

          Two UC Hastings students have won an important immigration ruling in the 9th U.S. Circuit Court of Appeals over the types of crimes that trigger removal from the U.S.

          Heidi Hansen Kalscheur ’12 and Nolan Shaw ’12 represented Javier Castrijon-Garcia as part of the Hastings Appellate Project (HAP). Their client, an undocumented immigrant, faced deportation, in part because he had pleaded guilty to attempted simple kidnapping in California 20 years prior.

          The Board of Immigration Appeals (BIA) held that because it considered the crime one of “moral turpitude,” Castrijon was statutorily barred from cancellation of his removal.

          But in a unanimous published decision Jan. 9, 2013, a 9th Circuit panel overturned the BIA decision. The court said that under the California statute, simple kidnapping is not categorically a crime involving moral turpitude, and remanded the case back to the BIA for further proceedings.

          Shaw and Hansen Kalscheur were supervised by Gary Watt ‘97, Director of HAP and a partner and appellate specialist with Archer Norris. The court relied heavily on the students’ briefs and analysis, said Professor Stephen Tollafield, Associate Director of the Legal Writing & Moot Court program at UC Hastings.

          In its four-year history, Hastings Appellate Project students have won seven of eight appeals in the federal appeals court. Three more cases are pending.

          Shaw said the Castrijion case “was an uphill battle from the start.” The students did all the research and briefing, in addition to oral arguments. Shaw argued the case the day after his graduation from UC Hastings. “He did a phenomenal job of arguing, as good as any lawyers there that day,” Watt said. Until HAP took his case, Castrijion had no appellate counsel.

          “What makes this case unique was the complex interplay among three bodies of law, the California penal code, the federal immigration laws, and the common and statutory law on crimes of moral turpitude,” Watt said.

          The work, said Watt, is stressful, but Shaw and Hansen “did an exemplary job. They were tireless.” Shaw now works at Curtis Legal Group in Modesto. Hansen Kalscheur works as a fellow with HAP in San Francisco.

          Watt said a successful clinical program like HAP goes beyond its win-loss record. “The students learned what it means to be dedicated to a client. They learned the significance of providing legal counsel for those who are helpless without it. They earned the ‘pro bono glow,’ which is a very real and palpable thing.”

          The case is Castrijon-Garcia v. Holder, No. 09-73756. The case can be found here

          Go to News Archive

          Share this Story

          Share via Facebook
          Share via TwitterShare via EmailPrint Friendly Version

          Other Recent Stories/ RSS

          Thursday, January 18, 2018

          1L Cindy Muro Receives Scholarship for Domestic Violence Advocacy

          A survivor of abuse herself, Muro now strives to do everything in her power to help people help themselves and create a platform for individuals to be heard.
          Tuesday, January 09, 2018

          Annual Report 2017

          Including an overview of the College, highlights of financial operations, and contributions made to UC Hastings between July 1, 2016 and June 30, 2017.
          Monday, January 08, 2018

          How to Level Up in the Growing World of Video Game Law

          Brianna Howard ’16 is hitting the turbo button on her career by navigating the legal issues of esports, and augmented & virtual reality.
          Monday, January 08, 2018

          Leading end of life litigator Kathryn Tucker and End of Life Liberty Project find new academic base at UC Hastings

          Tucker founded the End of Life Liberty Project in 2015 as a program within the Disability Rights Legal Center.
          Thursday, January 04, 2018

          Thinkers & Doers: December 2017

          The “Tax Games” Paper – Are mugshot laws effective? – The end of demonizing women through ‘slut-shaming’ – “Judges shouldn’t get a pass just because they’re a judge” – #MeToo in the Courts – Discovering a connection to Israel from a bicycle seat – and much more
          Go to News Archive