Avantika Rao has primarily represented immigrants from around the world in civil and immigration cases for the last seven years.  A graduate of Wellesley College and the King Hall School of Law at UC Davis, Avantika served as judicial clerk to Judge Daniel R. Foley of the Hawaii Intermediate Court of Appeals from the fall of 2002 to the fall of 2003.  Avantika has been a member of the American Immigration Lawyers Association since 2004.

SELECT CONCLUDED CASES & RELEVANT LINKS

AFFIRMATIVE TRAFFICKING VISA (FORCED LABOR):  Represented a Peruvian woman survivor of human trafficking during 1 and 1/2 year federal investigation through indictment; Coordinated culturally competent services and stabilization with SAGE Project; Obtained a trafficking visa ("T visa") for survivor; Cooperated with co-counsel from Orrick law firm and Lawyer's Committee for Civil Rights during pre-trial discovery and trial period; Criminal case ended with trafficker being convicted on all five criminal counts, being sentenced to prison and being ordered to pay $123,740 in restitution.

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/04/14/BA041CUU3N.DTL&tsp=1

http://www.mercurynews.com/crime/ci_11051486

NINTH CIRCUIT APPEAL (FRIVOLOUS FINDING IN ASYLUM CASE):  Successfully obtained a partial reversal of a frivolous finding after arguing at the Ninth Circuit Court of Appeals on behalf of a Cameroonian political asylum seeker who, therefore, was later able to obtain (with separate counsel) a green card through her marriage to a U.S. citizen.

http://archive.ca9.uscourts.gov/coa/memdispo.nsf/pdfview/111704/$File/03-70626.PDF

NINTH CIRCUIT APPEAL (DENIAL IN ASYLUM CASE):  Represented Haitian immigrant in political asylum case before Immigration Judge in case that was eventually successfully reversed by subsequent counsel (Carmen Chavez and Josh Chatten-Brown of Casa Cornelia Law Center & Teodora Purcell of Fragomen) at the Ninth Circuit Court of Appeal.  The published decision, Joseph v. Holder (05-74390), clarifies that an Immigration Judge may not rely upon notes taken in an unsworn, unrepresented bond hearing to assess credibility in a subsequent removal proceeding.

http://www.ca9.uscourts.gov/datastore/opinions/2010/04/14/05-74390.pdf

DEFENSIVE ASYLUM (SEX TRAFFICKING/TORTURE):  Obtained release and asylum for a jailed client who had survived being tortured and forced to labor in an Asian brothel after responding to an international employment ad.  Ms. Rao later assisted the client to obtain a green card despite a conviction.

AFFIRMATIVE ASYLUM (GENDER/GENITAL CUTTING):  Applied for affirmative asylum seeker for a Kenyan woman threatened with genital cutting.

AFFIRMATIVE ASYLUM (POLITICAL OPINION):  Won asylum for a husband and wife from Haiti where the husband had been a member of an electoral commission.

DEFENSIVE SPECIAL CANCELLATION OF REMOVAL:  Won a greencard for a Salvadoran man after reopening his removal order.

DEFENSIVE WITHHOLDING (SEXUAL ORIENTATION): Won withholding of removal for Mexican national based on homosexual identity and persecution based on sexual orientation.

DEFENSIVE ASYLUM (POLITICAL OPINION):  Won asylum for multiple persons from China who had arrived in the United States as crewmen on a smuggling ship that had been interdicted at high sea by the Coast Guard.

AFFIRMATIVE VAWA:  After an initial rejection of a claim submitted by previous counsel, Avantika won greencard for a Honduran adult who had been omitted from the parent's VAWA application as a child.

AFFIRMATIVE CRIME VICTIM VISA:  After years of attempts and a lapse in status, Avantika won a crime victim visa for a Mexican man paralyzed as a result of a felony assault and who required around-the-clock nursing care as a result of the crime.

WAGE CLAIM NEGOTIATION (LABOR COMMISSIONER): Conducted sensitive negotiations between members of the board of an Islamic house of worship in Sutter County and a former imam (religious cleric).  Resolved by subsequent counsel at California Rural Legal Assistance via confidential settlement.

WAGE CLAIM TRIAL (SUTTER COUNTY):  Successfully represented Punjabi peach orchard worker at trial in wage claim against Punjabi orchard owner.  Resulted in four figure cash settlement for worker.

SECURITY DEPOSIT & BACK RENT TRIAL (YUBA COUNTY):  Successfully represented African American single mother at trial in claim against former landlord who had unlawfully accepted side payments during a Section 8 tenancy.  Resulted in four figure cash settlement for former tenant.

HAWAII APPELLATE DECISION ABOUT ADMISSIBILITY OF EVIDENCE:
Researched and drafted published decision about the admissibility of threats of violence made against a former cohabiting partner where state of mind is at-issue in a family court bench trial.

http://www.state.hi.us/jud/ica23994.htm