Robert S. Hough had the highest denial rate (92.2%), according to TRAC. 12/31/2020 4:34:37 PM . I came here when I was very young. Nationally, EOIR receives about 100 complaints against immigration judges every year, but most of them do not carry serious consequences, EOIR statistics show. I am very worried about her, Gutierrez said. In response to the rising criticism, the Executive Office for Immigration Review began tracking decisions to identify judges with unusually high or low rates of granting asylum. Of the 102 complaints that had been resolved when the data were published, only three resulted in discipline, defined as reprimand or suspension of the judge. Cases that claim opposition to gangs as a protected political opinion, the center says, have generated fewer precedent-setting decisions, making that argument a more difficult one to win in court, though it has prevailed in some cases. He also served as an immigration judge from 2009 to 2011 in San Francisco, and he was an Immigration and Customs Enforcement attorney in the city from 2006 to 2009. . The asylum appeal process is equally politicized, the group says. I began to panic and shake, she said. Demonstrates unlawful and inappropriate manifestations of bias in the courtroom. Attorney General of the United States Deputy Attorney General of the United States. Its not consistent because a complaint usually starts out with the persons immediate supervisor being told, Marks said. Treats immigrants, witnesses, and practitioners in an unprofessional and hostile manner. From 2000 to 2008, she served as a staff attorney for ASK Law Group, in Sherman Oaks, California. She was so good to him. This was something Judge Marks had learned from her experience with her own clients. About the Immigration Judge. Gutierrez can live and work legally in the United States and will ultimately be able to apply for citizenship. Judge Butler earned a Bachelor of Arts in 2003 from Cornell College and a Juris . She works as an office janitor and is taking English classes. As a result, credibility is really the key factor. The womens lawyers framed their respective cases with some important differences. The clients loved her, says Ungar. More than 300 judges are spread among 58 U.S. immigration courts in 27 states, Puerto Rico and the Northern Mariana Islands. Knight Institute Calls on DOJ's Exe cutive Office for Immigration Review to Suspend Policy Silencing Immigration Judges, (Jan. 6, 2020), https: . Cases are assigned to an immigration court based on where the immigrant lives. On Thursday, a coalition of 17 legal services and immigration. The average salary for an Immigration Judge is $72,811 per Year in the United States. The appointments included former immigration judges who themselves ordered high rates of deportation on the bench, according to the Reuters analysis. 0% San Francisco; 0% Denver; 0% Dallas, TX; 0% Boston; 0% Los Angeles; 0% Atlanta; Salary Ranges for Immigration Judges. As the sole breadwinner in his family, he said his wife and kids would suffer emotionally and financially if he were deported. In the San Francisco court, Gutierrezs lawyers argued that she qualified for asylum because as a leader of the parent-teacher association, she was at risk for her political opinion her stand against gangs and for belonging to a particular social group of Hondurans opposed to gang violence and recruitment in schools. I didnt have to scare or browbeat people into my decisions, says Judge Marks. They had early success, he said, when they persuaded police to provide officers to guard the school. In May2021, the Ohio chapter of theAmerican Immigration Lawyers Association submitted a group complaint against Riley to the Executive Office for Immigration Review (EOIR), an agency within the Department of Justice that oversees immigration courts. Cynthia M. Nunez, Immigration Judge, San Francisco Immigration Court Cynthia M. Nunez was appointed as an Immigration Judge to begin hearing cases in May 2022. Hesaid he was nervous and exhausted when he stepped into the court on Oct.16, 2020, for his fourth hearing. As has been true in earlier years, having representation greatly increases the odds of winning asylum or other relief, TRACs Oct. 28 report says. Having come from a country with one of the highest murder rates in the world may have helped establish credible fear. But the two women were already at a disadvantage precisely because they came from Honduras. The San Francisco immigration court doesn't have the kind of COVID-19 supplies that he saw in a Wisconsin courthouse in October 2020. She was our fearless leader in the union, says Judge King, who was Union site representative in San Francisco while Judge Marks was president. Jamil adds Judge Markss tireless work for the union and giving a professional, female voice to immigration judges to her list of accomplishments. U.S. immigration courts are administrative courts within the Department of Justices Executive Office for Immigration Review. Immigration judges in New York and San Francisco stayed home from work Tuesday, and their union announced a judge in Denver had COVID-19 symptoms and an Atlanta attorney tested positive. At the end of her asylum hearing in September 2016, she received a one-page form, with an X in the box next to granted. She was free to settle into life with her family in the United States. Before: Richard A. Paez and John B. Owens, Circuit Judges, and Morrison C. England, Jr., * Senior District Judge. One grant from Dallas-based Meadows Foundation includes $56,000 for legal services for incarcerated petitioners. There they piled with another group of migrants into an inflatable raft and crossed the Rio Grande, the border between Mexico and the United States. Sandra Gutierrez joined her husband in California, where her case was heard by a San Francisco immigration court judge. They have more understanding of trauma survivors and the difficulty they might have in recounting certain details and little discrepancies, she said. 2020-03-20T04:49:42Z (She also refers to herself as a sit-down comedian.), Attorneys who appeared before Judge Marks were impressed by her complete command of her courtroom. They were allowed to stay in the United States in just 16 percent of cases, the Reuters analysis found. While judges should not be punished for making a good-faith legal decision, using terms like illegals seems to be a clearviolation of professionalism, he said. Three led to oral counseling. In Mexico, she hired a coyote a smuggler to help them cross into the United States and then turned herself in to Border Patrol agents near Hidalgo. Two of them grabbed Ana and her daughter, pinned their wrists behind their backs, and pointed a gun at the childs head. Anas response to Couchs extensive questioning played a part in the decision. , had serious impacts on asylum cases and the parameters of the courts. Right now, Ohio has one of the highest asylum denial rates in the country 88% in the fiscal year 2021, compared with the national average of 63%, according to TRAC data. The other women in the center told me that there was someone else from Honduras who I might know, but I wasnt sure who they were talking about, Gutierrez said. Immigration courts in California and the Pacific Northwest fall under the 9th U.S. People show up in our office (and) they have no idea why someone wants to kill them. Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. (Previously, appointments were considered promotions for prosecuting attorneys from INS.) Two months later, according to court documents, Ana was walking her 7-year-old daughter home from school when three members of a rival gang confronted them. I really enjoyed working with journalists and legislators. She also describes her stint as NAIJs president as an incredible blessing because it allowed her to become friendly with immigration judges across the country. SAN FRANCISCO (BCN) It did not take U.S. Immigration Judge Nicholas Ford long to stir up controversy in San Francisco. The mass exodus from Central America was under way when Gutierrez and Ana were elected to the board of the parent-teacher association at their childrens school in spring 2013. She helped create an inspiring model for how courtscanbe, says Ugarte, and Judge Webber states, simply, She inspires people all the time., While she has had some limelight in her career, the vast majority of her work has been thankless, says Judge King. WASHINGTON An immigration judge in the San Francisco court abruptly quit his post this week, issuing a scathing letter upon his retirement . There is a fine line between judges taking a harshstance on immigration and their exhibiting unprofessional behaviors, saidPaul Schmidt, aformer immigration judge based in Arlington, Virginia, who retired in 2016. I didnt have to scare or browbeat people into my decisions, says Judge Marks. When he turned 16, he left his hometown and crossed the border by himself in search for a better life, settling in Columbus. Legal Aid at Work. We bought a bus pass to go to Guatemala and from Guatemala to Mexico and to the U.S.-Mexico border, according to her court testimony. Please consider making a tax-deductible donation athttps://bit.ly/3fNsGaZ. Within each court, cases are assigned to judges on a random, rotational basis. With the seventh and latest complaint the one led by AILA-Ohio against Riley information regarding the investigation outcome was redacted by the Department of Justice. Variations among judges and courts are broad. Three percentconcluded with retirement, resignation or termination, and none gave rise to other disciplinary actions like reprimand or suspension. In 2012, ICE agents arrested Juan at his home and put him in deportation proceedings. The top ten percent of employees in the Executive Office for . Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. The administration of President Donald Trump is continuing the effort. FY 2015-2020. Two of them were dismissed. The Reuters analysis also found that an immigration judges particular characteristics and situation can affect outcomes. Having legal representation increases the chances of winning an asylum case five-fold, said Melissa M. Lopez, executive director of the El Paso-based nonprofit. From 1994 to 1995, he served as a staff attorney with the New Mexico Court of Appeals. She can look back with satisfaction at the mass of people whose lives she helped, says Ungar. Are they also Mexicans? Riley said, as shown incourt transcripts cited in a complaint filed later. The longer a judge has been serving, the more likely that judge is to grant asylum. Both were taken into custody near Hidalgo, Texas, and ended up finding each other in the same U.S. Immigration and Customs Enforcement (ICE) detention center in Artesia, New Mexico. Phone number. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Antiterrorism and Effective Death Penalty Act (AEDPA). . Juan is not alone in his grievances. Four of the 31 new immigration judges are assistant chief immigration judges who will oversee six immigration courts. Were all humans. Judge Halperin is a member of the Utah State Bar. Individuals and organizations are encouraged to sign on to a public letter (bit.ly/removeford or bit.ly/fueraford) making the same request of EOIR and the DOJ. *Today Judge Marks is known as NanaDana, a title that celebrates her role as caretaker for her granddaughter and helps people correctly pronounce her name (dan-uh, not day-nuh). Emmanuel Olawale, a Westerville-based immigration attorney, said he has faced this dilemma firsthand. You really get those Perry Mason moments in immigration court. Mattingly, the EOIR spokeswoman, said the agency held training sessions for judges to address the disparities in 2008 and 2009. Visit theBorderReport.com homepagefor the latest exclusive stories and breaking news about issues along the United States-Mexico border. Coincidence or not, denial rates have shot up more than 30% since Donald Trump became president. Circuit Court of Appeals, and they rule in favor of immigrants far more often than courts in the 4th Circuit, which includes North and South Carolina, Maryland and Virginia, Reuters found. Ana moved with her daughter to live with her daughters father and petitioned to have her case moved to Charlotte. There, they applied for asylum. Gutierrez moved with her boys to Oakland, California, to join her husband, and petitioned to have her case moved to San Francisco. Unaware of each others plight, both fled with their children, making the dangerous trek across Mexico. My client was seriously mentally ill, there were a lot of complexities in his case. The Biden administration could move to unwind that decision. The courts facedand continue to grapple witha crisis of backlogged cases. The Transactional Records Access Clearinghouse, a research organization at Syracuse University in New York, first sounded the alarmabout disparities in immigration court decisions in 2006. The bill, if approved by the Senate, will transition the nations immigration court system into an independent judiciary consistent with Article I of the U.S. Constitution. Says Judge Marks, Thisquickly became my long-term goal outside of judging., When that does happen, it certainly will be part of her legacy, but just one part of a stellar career. With Riley, it felt like she just wanted me out. Constanza Hevia H. / Special to The Chronicle 2020 She explains things well. The October announcement explained that " [s]ince Jan. 20, 2017, the [Department of Justice] has increased EOIR's immigration judge corps from 306 to 520 adjudicators an increase of nearly 70 percent." Under President Barack Obama, the courts began efforts to hire more immigration judges to reduce the systems burgeoning backlog, which now stands at more than 620,000 cases, nearly 100,000 of them added since last December. The incident occurred on 13 February, and the San Francisco-based 9th US Circuit Court of Appeals has confirmed the probe. McFarland residents vow to keep organizing after court lets GEO expand immigration detention, look to incoming administration for support, After about 5 minutes of struggle, they forced my index finger on the paper: ICE Forcing More Asylum Seekers to Sign Deportation Paperwork as Another Deportation Flight to Cameroon Looms. They said they would kill me and my children. She was always kind and patient with people who came before her. The year before, according to police records in Honduras, gang members killed a school security guard. There are complaints that were made because someone is not happy that they lost a case, and those claims need to be taken with a grain of salt, Schmidt said. Juans application for cancellation of removal was denied in November 2020. The courts handle cases to determine whether an individual should be deported. The state court had plexiglass barriers, an air. Jeremy J. Butler, Immigration Judge, San Francisco Immigration Court. We had to jump over a wall, and I hurt my foot doing so, she said in an affidavit. In Charlotte, immigrants are ordered deported in 84 percent of cases, more than twice the rate in San Francisco, where 36 percent of cases end in deportation. This, as federal immigration judges decided the second-highest number of asylum petitions on record despite partial court shutdowns due to the COVID-19 pandemic. There is no training on the 2017 calendar. STEP 1: Arrive in the U.S. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. It then created a system for the public to file complaints against immigration judges. The money will be used in partnership with the Loretto Volunteer Project to help migrants, including those sent to Juarez, Mexico under U.S. Customs and Border Protections Migrant Protection Protocols, or MPP, program. I was the first to do the Families with Children Docket, which became known as rocket docket, Judge King recalls. Attorneyseven conservativesrespected her., Judge Marks explains it another way. The information is gathered by experienced and trusted Nexstar Media Group journalists hired specifically to cover the border. I will believe things when they happen, if they happen, one Cuban migrant whos been living in Juarez said last week. Decisions can be appealed to the Board of Immigration Appeals, an administrative body within the Department of Justice. Two rival gangs the Barrio 18 and the Mara Salvatrucha, also known as MS-13 were operating brazenly in the neighborhood. Immigration Judge Emily N. Farrar-Crockett began hearing cases at the Falls Church Adjudication Center in October 2018. Appearing in IJ Fords courtroom was a reminder that immigration courts are arenas ripe for traumatization and dehumanization, especially in the context of xenophobic administrations. John W. Richardson, Immigration Judge, Phoenix, 1990-2018. . It is clearly troubling when you have these kinds of gross disparities, said Karen Musalo, director of the Center for Gender & Refugee Studies at the University of California Hastings School of the Law in San Francisco. From 2012 to 2016, EOIR received 624 complaints against judges.The 138 complaints lodged in 2016 alone included allegations of bias, as well as concerns about due process and judges conduct within the courtroom. 950 Pennsylvania Avenue, NW 950 Pennsylvania Avenue NW. But the bulk of asylum seekers who came during the 2018-2019 migrant surge were Central Americans. Talking with her former colleaguesmany of whom are now also her friendsis an uplifting experience. Further, Knox said, asylum seekers arent thinking about the finer points of U.S. asylum law when they are fleeing persecution. The lack of a transparent complaint process is especially concerninggiven this influx of new judges, who tend to come from enforcement backgrounds and lack experience on the bench, Nemecek said. TheCleveland Immigration Court, much like the rest of the country, saw dramatic personnel changes during Donald Trumps presidency. More Reuters investigations and long-form narratives, Got a confidential news tip? Charles R. Davis. She remains active today as president emerita. She made it more proactive, trying to affect the law. This time, her lawyer included arguments about her membership in a particular social group. Judge Olivia Cassin in New York City allows immigrants to remain in the country in 93 percent of cases she hears. They demanded that a payment of more than $5,000 be delivered in 24 hours, a huge sum for a woman who sold tortillas for a living. Judge Marks says her biggest success was seeingH.R. She lost. She was very vocal as head of NAIJ, says Atkinson, especially [on issues] related to fairness and due process. Judge Webber appreciated Judge Markss talents as a spokesperson for the union, remarking on her great voice and quick thinking. EOIR held a two-day training session last year. She was the first person I knew from our side, says Bette Stockton, who later joined Judge Marks on the bench and retired after 21.5 years as an immigration judge. Judge Dalin Holyoak, who heard Gutierrezs case in San Francisco, orders deportation in 43 percent of cases. Posted November 10th, 2015. She helped start that trajectory, says Shugall. Video: High-stakes game of chance in U.S. immigration courts, Graphic: Deportation order rates, by judge, Graphic: Deportationorder rates, by country of origin, U.S. Attorney General Sessions urges crackdown on asylum policies. The Executive Office for Immigration Review had 2,383 employees in 2015 with an average pay (base salary + bonus) of $118,095.97. Anas assertion that she learned from Gutierrez in detention about gang threats to the parent-teacher association was not persuasive, Couch wrote. It feels like the judge has no compassion for us and doesnt like Latinos.. Do you know the people? However, the women said their reasons for seeking asylum were the same: Gangs had targeted them because of their involvement in the parent-teacher association, and for that, they and their families had been threatened. By the time she retired from San Francisco's Immigration Court on December 31, 2021, Judge Dana Leigh Marks* had built an inspiring reputation as a leader, mentor, and advocate. Complaint process is flawed, advocates say, Judges concerned about discipline procedures, too, Personnel changes at Ohio's immigration court, Ohio chapter of theAmerican Immigration Lawyers Association, Your California Privacy Rights/Privacy Policy. Ana fled with her daughter the night the gang members threatened them on the street. She has a law degree from Tulane Law School. The 43-year-old, who worked as a nurse in Honduras, lives in a small one-bedroom apartment with her husband, her two sons now 15 and 8 her adult daughter and her grandson. She joined another woman and, with their children, they set out to cross Mexico. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. She first interviewed Judge Marks, then-president of NAIJ, forUnderstanding the Crisis in Our Immigration Courts(Spring 2015). Learn more about how to check your immigration court date and the status of your immigration case from here. But multiple attorneys familiar with the matter said no one received clear information from EOIR on the investigation outcome, as is often the case with these complaints. Hondurans enjoy no special considerations. Immigration Judges Across The US Are Staying Home After The Coronavirus Hit Courtrooms. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. Becoming involved with and leading theNational Association of Immigration Judges(NAIJ) was a natural extension of her skills and influence. In late 2014, the two women were released on bond. In October 2020, when he received a notice from the Cleveland Immigration Court that the asylum case of one ofhis clientswas denied, he was disturbed by the language that Judge Jonathan Owens used in the decision. Help us advocate for . After hearing Anas case, Couch concluded in his written opinion that Ana was not eligible for asylum because she had not demonstrated a well-founded fear of future persecution on account of a statutorily protected ground. He wasnt convinced that she risked persecution in Honduras because of her political opinion. Your donation to match our RFA grant helps keep her writing stories like this one. SAN FRANCISCO, CALIFORNIA -- On November 12, 2020 a coalition of legal service providers, community members, the San Francisco Public Defender, and the National Lawyers Guild - San Francisco Bay Area filed a complaint today with the Department of Justice (DOJ) Executive Office for Immigration Review (EOIR) against San Francisco-based Immigration Judge Nicholas Ford for his racist, ableist and hostile treatment of immigrants, attorneys and witnesses. The coalition has urged EOIR to thoroughly investigate IJ Fords conduct and take appropriate action to ensure that individuals who appear in the San Francisco Immigration Court are treated with due process, dignity, and respect. Gutierrez hid for two months at her friends mothers house outside Tegucigalpa. Sep 2013 - Dec 20141 year 4 months. He noted that she testified about her fears of the gang with a flat affect and little emotion, displaying a poor demeanor that did not support her credibility.. Couch wrote in his opinion that Anas difficulty recounting the names of the women on the association board weighed against her credibility. They were elected in 2013 to the board of the parent-teacher association at their children's school in the Honduran capital, Tegucigalpa. You really get those Perry Mason moments in immigration court. Judge. (Neither Holyoak nor Couch worked as an ICE prosecutor, according to their EOIR biographies. Alumni Relations. By the time she retired fromSan Franciscos Immigration Courton December 31, 2021, Judge Dana Leigh Marks* had built an inspiring reputation as a leader, mentor, and advocate. They hoped that mothers working together could oust the violent gangs that plagued the campus. Immigration court doesnt have contempt, so I had to use charm, she says. But we have to address these bad judges.. Judge Stuart Couch, who heard Anas case in Charlotte, orders immigrants deported 89 percent of the time, according to a Reuters analysis of more than 370,000 cases heard in all 58 U.S. immigration courts over the past 10 years. And when there isnt an independent investigatorand you have people on the same team investigating each other, that isnt a fair way to undo the wrong that has been done.. Were more productive if theyre comfortable, she says. In New York City, 24 percent do. Denial Rate. He was invested on November 6 and will begin hearing cases this month. Its an emotionally trying job. Lt. Jonathan Scott Simpson '95 has been appointed Immigration Judge, San Francisco Immigration Court, by the Executive Office for Immigration Review. I think about the hundreds of thousands of immigrants across the country who have been wronged by the misconducts of Trump-appointed judges, she said. Mattingly, the EOIR spokeswoman, said the agency takes seriously any claims of unjustified and significant anomalies in immigration judge decision-making and takes steps to evaluate disparities in immigration adjudications.. They were eventually transferred to the ICE detention center in Artesia. A Honduran migrant wears a sanitary mask while waiting in line to plead . Their stories illustrate what a Reuters analysis of thousands of court decisions found: The difference between residency and deportation depends largely on who hears the case, and where. The advocates testified that, while asylum is granted in nearly half of cases nationwide, Charlotte judges granted asylum in just 13 percent of cases in 2015. Pasadena, California . You can't file a complaint one day against a judge and the next day come in with your client and expect the judge to treat them well. IJ Ford felt empowered to shout at and accuse my client throughout the hearing, showing little regard for the fact that she was a human being in his courtroom, said Omar de la Cruz, immigration attorney at Centro Legal de la Raza. Attorney General Jeff Sessions said in April that the Justice Department planned to hire more than 50 judges this year and 75 in 2018, which would put the total number of sitting judges above 400. Possible outcomes include asylum; adjustments of status; stay of deportation; and deportation. Boston's immigration judges mentioned in the TRAC analysis were Maureen O'Sullivan, Leonard Shapiro, Paul Gagnon, Robin Feder, Brenda O'Malley, Matthew D'Angelo, Mario Sturla, Gwendylan, and Todd Masters. She petitioned the BIA through new lawyers to reopen her case and send it back to the immigration court to allow her to present new evidence of her persecution. He is especially unsuited to hear cases involving survivors of torture applying for asylum and other forms of immigration relief. These are people were dealing with, says Judge Stockton, people who are nervous, if not terrified, and Judge Marks has a gift for helping them feel more at ease in the courtroom. Her older boy recognized the three armed and heavily tattooed young men on the stoop as the same ones who had thrown him to the ground earlier that day, telling him, not for the first time, that they wanted him to join their ranks. It is painfully apparent how much the clients we serve have overcome throughout their lives, says Roxana Moussavian, immigration attorney at Pangea Legal Services. Taken together, the two cases nearly indistinguishable in their outlines but with opposite outcomes illustrate a troubling fact:An immigrants chance of being allowed to stay in the United States depends largely on who hears the case and where it is heard. Judge Chen earned a Bachelor of Arts in 2006 from the University of Oklahoma and a Juris Doctor in 2009 from Harvard Law School. Theres also an imbalance of power in the courtroom and the fear of retaliation. May 19, 2021. We were the brave ones. They had confidence in her that she was doing everything she could for them. She demonstrated this on a national level in October of 1986 when Judge Marks (along with Bill O. Hing, Susan Lydon, and Kip Steinberg) argued on behalf of Luz Marina Cardoza-Fonseca before the US Supreme Court (. Status ; stay of deportation ; and deportation and giving a professional, voice! Points of U.S. asylum law when they happen, one Cuban migrant been... Biden administration could move to unwind that decision and i hurt my foot doing so, she says emotionally. 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