The Last Chance Lawyer

by William Bernhardt

  The woman looked at him with daggers in her eyes, but she weakened her hold on the door.

  He pushed it wider. “Esperanza?”

  A small girl approached the doorway. She was petite, thin, probably undernourished. Apparently nine, though she looked a little younger. Her eyes were dark and wide. “I am Esperanza. Are you my lawyers?”

  He looked down at her and smiled. “We are.”

  DAN QUICKLY LEARNED that the woman at the front door was named Gabriella Valdéz. She had been some sort of unofficial guardian for Esperanza since the girl lost her parents in a horrible traffic accident. She took her protector role seriously.

  How had Mr. K managed to contact the girl and offer representation without Gabriella knowing? He couldn’t imagine, but this didn’t seem like the right moment to ask.

  With considerable reluctance, Gabriella showed them into her tiny living room—two folding chairs and a ratty sofa.

  “Nothing personal,” he said, “but I’d like to speak to Esperanza in private. Perhaps in the kitchen?”

  Gabriella folded her arms across her chest. “No. She doesn’t leave my sight.”

  “Ma’am, I’m sure you want to protect your charge, but you can’t prevent a lawyer from speaking to his client. You could get in trouble just for attempting it.”

  “Then you will talk to her right here. I got my eyes on you, Mister Lawyer.”

  No doubt. “Attorney-client conversations are privileged. If there are third parties present, it violates the privilege. Could lead to a loss of confidentiality, which could seriously hurt Esperanza in court.”

  Gabriella did not budge. “I am not going anywhere. And neither is she.”

  “How about you stay here, and we sit in the kitchen? You’ll still be able to see us, but if we whisper, maybe we can have some semblance of confidentiality.” Though he was speaking to Gabriella, he watched Esperanza closely. Her face was mostly a mask. She had likely learned to keep her emotions in check. But he did get a strong impression that she wanted to speak to him.

  “No,” Gabriella said. “Here, or not at all.”

  He drew up his shoulders. “Ok, let me tell you how this is going to play out. First, I’m going to call the sheriff and tell him you’re preventing a minor represented by counsel from speaking to her attorney. He’ll send a deputy to make sure I get to speak to her. If necessary, he’ll put you in cuffs. I will get to speak to her. The only question is whether you want to spend the rest of your day in handcuffs. Possibly in the back of a police car.”

  To his surprise, Gabriella stepped closer to him. “You do not scare me, Mister Lawyer.”

  He almost smiled. He liked this woman. Even if she was a pain in the butt.

  Maria stepped between them. “Okay, let’s all calm down. You’re both tough. We’ve established that. Now let’s figure out what’s best for the girl.”

  “It is not best for her to be misled. To have false hopes raised.”

  “Is that what this is about?” he asked. “You’ve already assumed she’ll lose?”

  “She has one hope. And it is me.”

  “Look,” Maria said, “here’s a thought. How about you two grown-ups talk this out in the kitchen? I think you need to clear some air. I’ll sit with Esperanza. We’ll just talk about...” She glanced down at the girl. “Do you like Hello Kitty?”

  Esperanza’s eyes widened. “Yes! Very much!”

  “Okay. You two go work this out. We’ll stay here and talk Hello Kitty.” She leaned in closer to him. “But don’t take forever. Because I really don’t know much about that fat cat.”

  “Works for me.” He led the way into the kitchen. After a moment’s consideration, Gabriella followed him.

  “Look,” he said, “I think this caught you off-guard. I can see you’re distraught.”

  Gabriella waved a dismissive hand. “I’m tired. The past two days have been...difficult. Not much sleep.”

  “I get that you don’t want to lead this little girl astray. Tell me more about her situation and I promise I will give you—and her—a fair appraisal of your chances. I won’t pretend you have a case if you don’t.”

  “We have talked to lawyers before. They said it was hopeless.”

  “Which I guess explains why you’re down to the last-chance lawyers. Why is she about to be deported?”

  “She is not a citizen.”

  “Were her parents illegal?”

  “No, no. Protected.”

  “How so?”

  “They emigrated many years ago from El Salvador. Her father supported the Contras—as did the US government secretly, during the Reagan years. Her mother fed rebels and helped them when injured. Buried a few. But you know how that conflict ended. Afterward, their lives were threatened. Bricks thrown at their home. Father’s name was called out on a radio station. Death threats. Said his body would be found in the streets with his private parts stuffed in his mouth. That’s when he decided to leave.”

  “American foreign intervention forced them to leave their country.”

  “Originally, they had Temporary Protected Status here. But you know what happened to that.”

  He knew that El Salvador and several other countries had been cut from the protected list by the current administration. More than 300,000 foreigners, some of whom had been here for more than two decades, suddenly faced deportation. Their choices were either to go underground as undocumented illegals, or to return home. “Has Esperanza ever been to El Salvador?”

  “She was born there, while her parents made a brief visit. But she’s been in the US ever since. This is all she knows.”

  As he suspected. The relevant legal touchstone, he knew, was US Code Section 1226, an infamous law that had received much attention of late. It provided the official definition of “alien status” and set forth what the federal government could do with aliens. Which too often was anything it wanted to do. As interpreted by the current administration, the Immigration and Nationality Act allowed them to detain without hearing, without even a bond hearing, anyone subject to deportation. People who lost TPS could apply for permanent residency but it was typically denied, even for adults who had been here for years and had become productive members of society. An orphan with no parents and no means of support had no chance.

  “You’d think they’d make an exception in this case.”

  “In this world?” Gabriella said. “In this zero-tolerance time? When families are separated at the border? Condemned because they want a better future for their children? This country used to be a beacon for the entire world. Now it is a closed door.”

  “Did Esperanza’s parents work?”

  “Her father did lawn work. Her mother cleaned houses. It wasn’t much, but they made do.”

  “They were paid in cash?”

  “Primarily.”

  And thus they avoided paying taxes. But the federal government had no record of them working. “Did either of her parents ever apply for public assistance?”

  “Barely. Twice, and not for long.”

  Twice was twice too often. From the government’s standpoint, they didn’t work but freeloaded off the taxpayer. “She’ll need to be formally placed with an adult. Maybe an adoption.”

  “Many would be willing to adopt her. But again, the government objects.”

  He wasn’t surprised. The government actively thwarted anything that looked like a quickie adoption or marriage so someone could get a green card. They would only permit adoption by a relative or someone who had known the minor for a significant period of time. “Any viable adoption candidates?”

  Gabriella gave him a long look. “Me.”

  Now it began to make sense. “You want to adopt her. You’re a US citizen?”

  “Of course.”

  “And a relative?”

  “A distant cousin. But my home is poor and I make little money. I hold two jobs and did some...freelance work for a local businessman, but it’s never enough. And I have a record.”
>
  “Does she have any other relatives?”

  “I have a sister. But she is not well. Not healthy.”

  “Anyone else?”

  Gabriella’s eyes closed. “Yes. Her closest relatives are in El Salvador. That is where she will go if she is deported. And that is the last thing I want.”

  “Who are these relatives?”

  “The leaders of a major cartel.”

  “They won’t send a little girl to a gang lord.”

  “Of course they will. No one can prove anything. If anyone cared about her, they wouldn’t be so determined to get rid of her.”

  “Either you adopt her or she’s shipped out to a drug kingpin?”

  Gabriella’s eyes rose. “Drugs? I said nothing about drugs.”

  “I assumed...”

  “I might be able to live with it if it were just drugs. A drug lord would have money. He would send her to a private school where she would be safe.”

  “But you mentioned a cartel...”

  “Sex traffickers.”

  He took a step back. Literally staggered. “No.”

  “They say it is the biggest sex trafficker outside of Asia. Pimping every girl they can lay their filthy hands upon.”

  “And you think...you think if Esperanza were sent there...she might—”

  “There is no might. It is a certainty. Young virgins are their most precious asset. A pretty girl like Esperanza could be worth half a million dollars. Maybe more.”

  He fell into a kitchen chair. “This is...that is...” He shook his head, eyes wide. “I’m sorry, I don’t know what to say.”

  “There is nothing to say. You are only telling me what the other lawyers said. Why they sent us away.”

  He slowly pushed himself to his feet, eyes steely. “No, that’s not what I’m telling you. I’m telling you we will win your adoption case. I don’t know how, but we will.” He looked her straight in the eyes. “I will protect this girl as if she were my own.”

  Chapter 11

  Dan followed Gabriella back to the living room.

  Maria and Esperanza were in the midst of an animated conversation. But Maria did not appear disappointed to see him return.

  “There you are,” Maria said. “Got everything worked out?”

  “I think so.” He smiled at them both. “How have you two been getting along?”

  “Like long-time BFFs. Did you know Hello Kitty has a last name? She’s Kitty White.”

  “I did not.”

  “And did you know that the creator of Hello Kitty got the idea for her name from reading Lewis Carroll’s Alice in Wonderland?”

  “I’m embarrassed to say that I was completely ignorant of these facts. And here I thought I was well read.”

  “And did you know that Hello Kitty is the second most successful franchise in the entire world? Second only to Pokémon.”

  “I did not—but Esperanza did?”

  Maria nodded. “This is one precocious young girl. With a head for business. And Hello Kitty.”

  He looked down and spoke to her. “Your friend Gabriella and I have come to an agreement. She wants to adopt you. I will be handling the case—if that’s okay with you.”

  “Yes, absolutely.” She beamed. “That is all right with me. I like you.”

  He blinked. “You do?”

  “I can tell that you are smart. I think that’s important for a lawyer.”

  “Some judges might disagree.”

  “And I like that you listen more than you talk. The other lawyers Gabriella took me to see, they talk talk talk all day long. You watch. And listen.”

  Smart girl, this observant little nine-year-old...

  “And you don’t get all excited like some people do. Even when Gabriella was yelling at you.”

  Maria laughed. “It’s his legendary inner calm.”

  “And most of all,” the girl continued, “I like that you are kind. Otherwise you would not be here.”

  “Don’t let that get around, kid. You’ll destroy my reputation.” He squatted down so he could look straight into her eyes. “So this adoption is okay then?”

  “Absolutely!” She hugged Gabriella’s side.

  “Good. We’ll file the appropriate concurrent immigration papers as well.”

  “Have you succeeded with adoptions before?” Esperanza asked.

  “Actually, I’ve never handled one before.”

  The girl was not disappointed. “That doesn’t matter. You’re smart. That’s what’s important.” Esperanza threw her arms over her head and bounced up and down. “I will be able to stay in the United States! I can go to the movies and the mall. And I can buy all the Hello Kitty stuff there is.”

  He raised a cautionary hand. “One step at a time.”

  A small frown line appeared on the girl’s forehead. “May I ask you a question, sir?”

  “Yes. And none of this ‘sir’ stuff. Just call me Dan.”

  “Do you like children?”

  That caught him by surprise. He pondered a moment, then decided to play it straight. “Not as a rule, no. Too noisy and needy.”

  “That is what I thought. But you like me, right?”

  A grin spread across his face. “Totally correct.”

  “That is another thing I like about you. You tell the truth. People who tell the truth are the best people.”

  Although not always the most successful lawyers, he mused.

  The little girl laid her hands on his shoulders. “You are going to win this case, Mr. Dan. I can tell you are. And then I can stay here forever.” She suddenly lurched forward, wrapping her arms around him. “I knew you would be the one who saved me. I knew it the moment I saw you.”

  He felt his stomach tighten. “I’ll do everything I can. You have my promise.”

  HALF AN HOUR LATER, they were back in the car, Maria driving. Dan didn’t mind. It gave him a chance to scribble some of his thoughts down on paper.

  “I’m driving us straight to the courthouse,” Maria said. “We need to get our petition filed as soon as possible, since Esperanza could be deported at any moment. A pending motion might justify a temporary restraining order.”

  “Or it might not,” he replied. “Immigration and Customs don’t have to wait around for adoption proceedings. But it’s a shot.”

  “Jimmy? Have you got the adoption petition ready?”

  He replied from the backseat. “Printing everything as we speak.”

  “How is that even possible? We just got back to the car.”

  Maria explained. “I texted him as soon as I realized where this was going.” She checked her watch. “Think we can file today, Jimmy?”

  “It’s going to be close.”

  She floored it. “I might have to break a few traffic laws. Fortunately, cops love lawyers.”

  He gave her a long look.

  She stopped at a red light. While the car was stationary, she dialed a number on her Carplay touchscreen. A few moments later he heard Garrett’s voice.

  “Did you get my text?” Maria asked.

  “Yes. Already running LEXIS-NEXIS searches. I’ve got the general idea, though the sooner you can forward the rest of your notes to my phone, the better. I’ve downloaded everything I found online about Esperanza’s status with Immigration.”

  “How’s the law look?”

  “I’ve barely started. But you know the score. When it comes to deportation, the federal government holds all the cards. This Temporary Protected Status business began decades ago. No one expected anything to change, until of course the current administration abruptly changed everything. Now people who’ve been here for decades suddenly face expulsion. Over thirty thousand have already been deported. And our client, with no parents and no means of support, has about the weakest case you can imagine.”

  “But you’ll think of something, right?”

  “As I said, I’m still researching. I think her case is sympathetic. But at the end of the day, judges have to rule on the law,
not pathos.”

  “You never know. Many of the district court judges are Democratic appointees and they’ve struck down recent executive orders. Let’s hope for a sympathetic audience.”

  “You can do more than hope,” Jimmy said. “If you know the right people.”

  He twisted his head around. “Are you seriously suggesting you have some way of influencing judicial assignments? These days, it’s all done randomly by computers.”

  “Nothing is random,” Jimmy replied. “You just have to understand the algorithms.”

  “I have no idea what you’re talking about.”

  “Which is why you need me on this team.”

  He sighed. “Just get me to the courthouse.”

  “Okay, Garrett,” Maria said, “I’ll check back with you later.” She pushed a button on the touchscreen. “Dan, I think that girl softened up your tough-guy lone-wolf facade.”

  “I don’t know what you’re talking about.” He thought a moment. “I never like it when the government implements policy without a thought to how it affects people’s lives. Let’s face it, whether you’re liberal or conservative, the immigration policy in this country has been irrational and chaotic, totally changing from one administration to the next. It may be all slogans and posturing for politicians, but people like Esperanza get caught up in the cogs.”

  “There is something rather evil about trying to deport a nine-year-old orphan.”

  “And yet, I’m sure no one involved sees themselves as evil. They just have jobs to do. It’s not wrong to have reasonable policies or secure borders. But it is wrong to let a little girl on her own in the world suffer.”

  “I think that’s exactly why Mr. K thought she needed the last-chance lawyers.”

  He nodded. “I’m beginning to see that.”

  Chapter 12

  Dan jumped out of the car the instant Maria slowed in front of the courthouse. Jimmy followed close behind. They both raced, taking the stairs rather than the elevator, but they still didn’t make it into the court clerk’s office until 5:02.