Pending cases

Harvey v. Lisac (D. Colo.) (pending)

Court-appointed pro bono representation of prisoner plaintiff in Section 1983 civil rights case.

A.H. v. Hedalen (D. Mont. 2025) (pending)

Putative class action suit against Montana governor and superintendent of education alleging denial of educational opportunities to students with disabilities under the IDEA. Co-counsel with Disability Rights Montana and the Barbara McDowell Social Justice Center.

Matter of T- S- (BIA 2025) (pending)

Appeal to Board of Immigration Appeals on behalf of Chadian refugee, a member of an opposition political party threatened with death by Chad security officials.

Andrews v. Collins (Vet. App.) (pending)

Appeal to the U.S. Court of Veterans Appeals on behalf of Army veteran wrongly denied disability benefits.

Eaton v. Caroll, et al. (E.D. Wis.) (pending)

Court-appointed representation of inmate in Section 1983 action alleging police conducted a warrantless blood draw in violation of the 4th and 14th amendments.

Matter of S- V- (BIA) (pending)

Representation of Russian refugee in appeal where DHS appealed the immigration judge’s grant of withholding of removal based on his political viewpoint.

Moore v. Schmelzle (E.D. Wis.) (pending)

Court-appointed representation of inmate in Section 1983 suit alleging that prison officials forced him to sleep in feces-soiled sheets for five days and violated his rights under the ADA.

Sonko v. Garland (E.D. Va. 2025) (pending)

Habeas corpus challenge to indefinite detention of noncitizen from The Gambia.

Moore v. Chase (E.D. Wis. 2025) (pending)

Court-appointed habeas representation of client claiming wrongful conviction and alleging ineffective assistance of counsel.

Yudin v. Collins (Vet. App. 2025) (pending)

Appeal to U.S. Court of Appeals for Veterans Claims in case where the Board of Veterans Appeals misinterpreted and misapplied prior precedents in denial of veteran’s claim for benefits.

Selected past cases

Olajuwon v. Ofogh (E.D. Va.)

Court-appointed representation of inmate in Section 1983 suit against jail dentist, alleging deliberate indifference to a serious medical need.

Matter of M- C- M- C- (BIA 2025)

Successfully represented noncitizen in Board of Immigration Appeals case where DHS appealed the immigration court’s grant of relief under the Convention Against Torture.

Matter of K- I- (BIA 2025)

Successful representation of noncitizen on claims of withholding of removal and Convention Against Torture, stemming from anti-LGBT persecution in Tajikistan and Russia.

Matter of J- E- O- (BIA 2025)

Successful appeal to the Board of Immigration Appeals, terminating deportation proceedings and restoring noncitizen’s wrongfully canceled lawful permanent resident status.

Cooper v. Hunter (Vet. App. 2025), 2025 WL 325553

Successful appeal to U.S. Court of Appeals for Veterans Claims from decision of the Board of Veterans Appeals in case where VA breached its statutory duty to assist under 38 U.S.C. §5103A.

Martinez Viguerias v. Ceja, — F. Supp. 3d —, 2024 WL 5168143 (D. Colo. 2024)

Successful habeas corpus action under 28 U.S.C. 2241 challenging 640-day confinement without a bond hearing of noncitizen suffering from mental illness.

Baskerville v. McDonough (Vet. App. 2024)

Successful appeal of VA denial of benefits to surviving spouse of Vietnam War veteran exposed to Agent Orange.

Matter of M- K- (BIA 2024)

Successful appeal to BIA in case of noncitizen with schizophrenia ordered removed by the Immigration Court.

Matter of M-R-H- (BIA 2024)

Successful appeal to Board of Immigration Appeals in case where the immigration court found a domestic violence survivor ineligible for cancellation of removal under the Violence Against Women Act because of the court’s erroneous belief that Colorado does not recognize common-law marriage.

Valancourt Books, LLC v. Garland, 82 F.4th 1222 (D.C. Cir. 2023)

Co-counsel (with the Institute for Justice) in successful challenge to mandatory deposit provision of the Copyright Act, which worked an unconstitutional taking under the 5th Amendment by requiring publishers to give free books to the government on pain of fines.

Wilson v. Midland County, 89 F. 4th 446 (5th Cir. 2023)

Authored amicus curiae brief on behalf of libertarian group calling for the 5th Circuit to take a narrow reading of Heck v. Humphrey, the Supreme Court case that makes it nearly impossible to challenge unconstitutional convictions through Section 1983 suits. My brief was refiled in the U.S. Supreme Court by Cato Institute (without credit or attribution).

Tiwari v. Friedlander, 143 S.Ct. 444 (2022)

Authored SCOTUS amicus curiae brief on behalf of six law & economics experts in this challenge to Kentucky’s certificate-of-need law, which essentially prevents competition in the healthcare industry for no reason other than to benefit incumbent businesses.

Shelton v. Wells Fargo Bank, N.A., 481 B.R. 22 (Bankr. W.D. Mo. 2012)

Federal suit on behalf of a low-income homeowner alleging wrongful foreclosure by Wells Fargo. The complaint alleged novel theories for breach of contract and violation of Missouri’s UDAP statute, which survived a motion to dismiss in a published decision that another court has said is “often cited.”

Linningham v. Reaper Investment Properties, LLC, 2012 WL 917710 (W.D. Mo. 2012)

Federal lawsuit on behalf of two elderly women who lost their homes as part of a fraudulent foreclosure rescue scam, resulting in a judgment of $2.1 million.

Mgr. of Rev. of Jackson Cty. v. Fikes, 341 S.W. 3d 705 (Mo. App. 2011)

Successfully set aside a tax sale of an indigent defendant’s home on the grounds of constructive fraud, despite county’s arguments that the house wasn’t “sold,” but merely transferred to a land trust. A Missouri Lawyers Weekly article said the “[d]ecision appears to be first to hold land trusts to [the] same standards as private buyers.”

Queen v. ECMC, 461 B.R. 57 (W.D. Mo. 2011)

Successful appeal from the U. S. Bankruptcy Court in a novel case which stretched the provision allowing for a closed bankruptcy case to be reopened “at any time,” in this case, reopening a 21-year-old case to discharge a debtor’s student loans. The Bankruptcy Court dismissed, but on appeal the U. S. District Court reversed.

Prison Legal News v. Shawnee County, 2:11-CV-02497 (D. Kan. 2011)

Co-counsel (with ACLU of Kansas & Western Missouri) in successful First Amendment suit against Kansas jail for policies unlawfully banning prisoner mail.

Blanks v. Faulkner, Case No. SC91275 (Mo. 2011)

Constitutional challenge to Missouri statute that permitted streamlined remedy for child custody violations for divorced parents, but not for parents of children born out of wedlock, on the grounds that it discriminated on the basis of illegitimacy. Briefed and argued before Missouri Supreme Court, but dismissed for mootness afterwards when the mother and father settled the dispute.

West v. Valley Center, Kansas, 2:10-CV-02567 (D. Kan. 2010)

Co-counsel (with ACLU of Kansas & Western Missouri) in successful First Amendment suit against Kansas town that pursued criminal charges against a resident for his yard sign criticizing the town government.