Faculty Notes

Prof. Theo Liebmann Acts as Lead Amicus on Appeal for Immigrant Children in Domestic Abuse Cases

Theo Liebmann, Clinical Professor of Law and Director of Clinical Programs

Professor Theo Liebmann was the lead amicus on an recently published appellate decision regarding the eligibility of immigrant children involved in domestic violence cases to receive state court findings that serve as a first step to immigration relief.

The amicus brief had argued that children involved in domestic violence cases can be considered neglected children under New York law, and therefore are as eligible for court intervention as children where a petition for abuse or neglect is brought by a state agency.

In the case, Fifo v. Fifo, 2015 N.Y. Slip Op. 02762 (2nd Dept. 2015), decided on April 1, 2015, the appellate court agreed with the child’s position and overturned the lower court’s determination that such children are ineligible for the relevant findings.