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Saturday, December 25, 2021

Law student's diligence helps abandoned child reach win in immigration court, pathway to U.S. residency

Belatedly, but aptly for the holiday, with permission of the UMass Law Immigration Clinic and the student, I am proud to share the news that Sebastian Garcia-Holguin contributed vitally to late October court holding allowing an abandoned child to remain in the United States and petition for legal residency.


The UMass Law Immigration Clinic has been overseen for two decades by my friend and colleague, Professor Irene Scharf.  Professor Scharf plans to retire in the upcoming year.  She surely deserves that reward, but the clinic will be the poorer for her absence.  I can scarcely imagine the number of lives in which she and her students have directly effected changed for the better.  Precious few of us in the business of legal education could compete with her record.

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During Sebastian Garcia-Holguin's spring semester in the clinic, he spent countless hours on a dependency case for a neglected and abandoned immigrant child. He gathered information (interviewing our client) and completed affidavits and other required documents to file with the Probate and Family Court.

Based on his work, the court ruled last week in the child's favor, that she is dependent on the court and that it is in her best interest to remain in the United States.

These findings make our client eligible to file a petition for Special Immigrant Juvenile Status with the U.S. Citizenship and Immigration Service of the Department of Homeland Security that will lead to her legal residence!

This semester, the Clinic continues its work for our client, thanks to Allison Jacome, who has been working with our client to prepare for the next stage of this lengthy application process.

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