Pro Bono Wins

For the past year and a half, Steptoe has represented the adoptive mother of a seven-year-old girl who was placed in foster care at birth.  The birth mother, suffering from mental illness and drug addiction, could not care for the baby and the birth father was jailed within days of the child's birth.  The baby went home from the hospital with the firm's client, who has cared for the little girl ever since.

When our client formally petitioned to adopt the child, the Guardian ad Litem and social services were in complete support, and the birth mother voluntarily agreed to relinquish her parental rights.  However, the birth father contested the adoption.  When the case finally went to trial, the judge found that the birth father had not provided sufficient support to the child, and that the child was well cared for by our client.  The court ruled that it was in the best interest of the child to remain with our client and granted the adoption.

The birth father appealed, claiming that his constitutional rights had been violated as he had not been provided the social services he needed in order to assume responsibility for his daughter’s care, and had not received the necessary support of the lawyers, the social workers, or the courts involved in the proceedings.

Steptoe attorneys argued that -- even assuming the birth father had the constitutional rights he claimed -- those rights were not violated.  Our attorneys also emphasized that the court must focus not on the parent but on the best interest of the child.  In a 3-0 decision, the District of Columbia Court of Appeals agreed.  Congratulations to the Steptoe team for their hard work on this case, and especially to Gwen Prothro, who so ably argued the case before the court.

In another pro bono matter, Steptoe has been representing a Vietnamese immigrant facing deportation because he had been convicted of a crime that rendered him no longer eligible to stay in this country.  At a hearing held at the end of October, Steptoe attorney Alice Loughran presented evidence that there is a great likelihood the client would be severely mistreated and tortured by government authorities if returned to Vietnam.  Under the United Nations Convention Against Torture, the INS cannot deport an alien to the home country if there is more than a 50% chance he would be tortured upon his return.

Steptoe also argued that the client’s deportation should be waived as a matter of discretion because of his strong family ties in this country.  In addition, the criminal behavior for which he was convicted occurred when he was a young adult, and he is not likely to have any further problems after serving his 20-year sentence.  At the conclusion of the hearing, the Immigration Judge denied the waiver request, but granted the application for relief under the Convention Against Torture, and ordered the INS to withhold our client’s deportation to Vietnam.  The INS has reserved appeal, and the firm has reserved appeal on the denial of the waiver as a protective matter.  While still on the record, the Immigration Judge stated that Steptoe did an "outstanding" job on behalf of the client, both in the written pleadings and at the hearing.