The columns »students of the criminal justice clinic win freedom for the client due to ineffective lawyer» Washington and Lee University

Through legal communication
March 4, 2025

A case in which students in the criminal judicial clinic were recently concluded with the exposure of a client. Together with partners of other legal assistance agencies, the students won the case after successfully raising an ineffective right to attorney in the name of the client.

The case focused on an unaccompanied minor who came to the United States from El Salvador. The customer was granted asylum for fear of his life, which threatens the notorious gang MS-13. Shortly afterwards he was charged with several crimes, for which he was guilty of advice from his judicial lawyer. Unknown for the customer, it would be guilty of putting his hard -fought asylum in danger. After serving for the crimes for three years, he was arrested by ice and lived in a kind of legal suspension with the potential for deportation – and a certain death – over him.

Professor Jonathan Shapiro, who has helped the CJC for several years, took over the case in 2023 from the immigration lawyers who had secured the original asylum victory. The clinic submitted a Habeas Corpus because the defender had not advised the client about the immigration consequences of the culprit command.

“It showed that he spoke to the customer that if he had been properly advised, he would never have guilty,” said Shapiro.

In the course of the academic year 2023-24, clinic students Katie Heller '24l' 24l and Nina Gagnon '24l were involved in two, day-long listings of evidence and the work on post-trial letter. During the hearings, Heller questioned witnesses, which questioned the original indictment against the client. Gagnon took over the direct examination of the immigration expert, which explained the significant effects, which was caused by the failure of the court attorney who was able to advise the client.

“The students did fabulous work in the case,” said Shapiro.

In November 2024, the judge issued a varied 78-page opinion in favor of the client, in which the many options were described, as the defender had failed to do. The Office of Attorney General said that she would not appeal the decision, and the local prosecutors will not repeat the criminal proceedings. The original immigration lawyers are now trying to reset his asylum status.

This was a unique opportunity for Heller and Gagnon, whose regular cases in the CJC included a shorter term and direct representation for offense offenses. Both should work as a public defender in Virginia after graduation, and participation in the case gave them an invaluable experience.

“It was a great preview to see what a day in the life of a practicing lawyer really looks,” said Heller. “This experience confirmed that the public defense is where I want to be.”

Heller and Gagnon also estimated the effects of a strong legal team that campaigned for their customers, whose original asylum team took part in the hearings. The team was also Professor Shapiro, his daughter (who is also a lawyer) and former director of the Matt Boaz immigrant rights clinic, who worked as an expert for the immigration consequences of the creed. Professor Tim Macdonnell, director of Black Lung Clinic, helped the state at the intersection and role -playing games as the lawyer of the state.

“There is this force that assumes that you can go into a courtroom with an entire team,” said Gagnon. “If you go into fighting with a full team of experts who is ready to fight, this is something really empowering for the customer.”