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. The rules of evidence are [only] a guide, theres no pretrial discovery, she says. The state court had plexiglass barriers, an air. CLEs. 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. Opinion by Judge Owens * The Honorable Morrison C. England, Jr., United States Senior District Judge for the Eastern District of California . Theres a wide spectrum of when judges are notified, how much information they are provided, and whether they are allowed to give their side of the story before decisions are made.". San Antonio-New Braunfels-Pearsall, TX $134,402 $144,678 $155,071 $165,580 $176,089 $183,300* $183,300* $183,300* San Diego-Carlsbad, CA $149,365 $160,785 $172,335 $183,300* $183,300* $183,300* $183,300* $183,300* . Mattingly, the EOIR spokeswoman, said the agency held training sessions for judges to address the disparities in 2008 and 2009. 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. Sep 2013 - Dec 20141 year 4 months. U.S. Department of Justice U.S. Department of Justice. He jokes he decided to hire her the minute she insisted on paying her own fare. The top ten percent of employees in the Executive Office for . The Government Accountability Office studied some proposals for reform in 2017, without endorsing any particular model. Country of origin is a big factor in determining who gets to stay in the United States because immigrants from some countries are afforded special protections. ), In a wish list of immigration proposals sent to Congress on Oct. 8, the White House said that lax legal standards had led to the immigration court backlog and that misguided judicial decisions have prevented the removal of numerous criminal aliens, while also rendering those aliens eligible to apply for asylum. Among the proposals offered in exchange for a deal with Congress on the roughly 800,000 dreamers children brought to the country illegally by their parents the Trump administration said it wanted to hire even more immigration judges and 1,000 ICE attorneys, while establishing performance metrics for Immigration Judges.. San Francisco immigration judge begs officials to close her courtroom over coronavirus. Variations among judges and courts are broad. ). Judge-by-Judge Asylum Decisions in Immigration Courts. The clients loved her, says Ungar. The third pointed a gun at Anas head. She first interviewed Judge Marks, then-president of NAIJ, forUnderstanding the Crisis in Our Immigration Courts(Spring 2015). In Atlanta, 89 percent of cases result in a deportation order. STEP 1: Arrive in the U.S. 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. And whether the individual fleeing gang violence in San Pedro Sula or official oppression in Venezuela had legal representation also made a big difference in the outcome of his or her case, according to research from the Transactional Records Access Clearinghouse at Syracuse University. Do you know the people? He was invested on November 6 and will begin hearing cases this month. But it wont really change anything in my clients case. Gutierrez contacted relatives who wired the money. 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. 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 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. 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. She is known for her fierce advocacy for the court. The other 27 immigration judges will serve across the country on 19 immigration courts. Freedom for Immigrants is a 501(c)(3) non-profit based in California. The average annual salary for Immigration Judges in the US is $121,299. In the asylum application, Olawales client, a 22-year-old asylum seeker from Cameroon, said armed officers from that country sexually assaulted her when she was a minor while they were searching for English-speaking dissidents like her family. We were the brave ones. Those on the other side of the complaints the immigration judges also take issues with the EOIR discipline process. Coincidence or not, denial rates have shot up more than 30% since Donald Trump became president. The Federal Bar Association and the National Association of Immigration Judges have endorsed the idea of creating an immigration court system independent of the executive branch. Some of those asylum seekers told Border Report recently they hope their chances will improve once Joe Biden takes over the White House. The administration of President Donald Trump is continuing the effort. From there, cases can be appealed to federal appeals court. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. In immigration court, the asylum seeker is typically the only witness. From 2015 to 2022, she was the Associate 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. In a three-page ruling, one board member said Anas lawyer could not introduce a new argument on appeal and agreed with Couch that Ana hadnt proved a political motive behind the gang members attack. Juans application for cancellation of removal was denied in November 2020. Talking with her former colleaguesmany of whom are now also her friendsis an uplifting experience. Shortly after, he applied for an immigration benefit called cancellation of removal to adjust his status, arguing that his removal would cause hardship to his three U.S. citizen children, aged 12, 15 and 16. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. Yilun Cheng is a Report for America corps member andcovers immigration issues for the Dispatch. Lt. Jonathan Scott Simpson '95 has been appointed Immigration Judge, San Francisco Immigration Court, by the Executive Office for Immigration Review. 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. By MICA ROSENBERG, READE LEVINSON and RYAN McNEILL. How do I know this? Unlike federal court judges, whose authority stems from the U.S. Constitutions establishment of an independent judicial branch, immigration judges fall under the executive branch and thus are hired, and can be fired, by the attorney general. Now they had come to deliver a message to Gutierrez. Phone number. My client was seriously mentally ill, there were a lot of complexities in his case. 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. The number of immigration judges Biden appoints will also affect the immigration court backlog, currently at 1.3 million cases. *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). National Lawyers Guild - San Francisco Bay Area, Black Alliance for Just Immigration (BAJI), California Collaborative for Immigrant Justice (CCIJ), Bay Area Asylum Support Coalition (BAASC), Dolores Street Community Services, Deportation Defense and Legal Advocacy Project, Democratic Socialists of America San Francisco Chapter, Collective Action For Laborers, Migrants & Asylum Seekers (CALMA), San Francisco Immigrant Legal and Education Network (SFILEN). Knight Institute Calls on DOJ's Exe cutive Office for Immigration Review to Suspend Policy Silencing Immigration Judges, (Jan. 6, 2020), https: . There, they applied for asylum. That experience, the Reuters analysis found, makes them 23 percent more likely to order deportation. It is painfully apparent how much the clients we serve have overcome throughout their lives, says Roxana Moussavian, immigration attorney at Pangea Legal Services. Devin OMalley, a Department of Justice spokesman, challenged the Reuters analysis, citing "numerous conflicting statements, miscalculations, and other data errors," but declined to elaborate further. I love the Wild West aspect of it.. Three percentconcluded with retirement, resignation or termination, and none gave rise to other disciplinary actions like reprimand or suspension. People show up in our office (and) they have no idea why someone wants to kill them. 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. 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. The new lawyers argued that her previous representation had been ineffective. People familiar with the system are well aware of the difference. Its an emotionally trying job. The Immigration Justice Program periodically runs legal education events (CLEs) and know-your-rights trainings for lawyers, legal workers, immigrant community members, and other allies and advocates. Ana fled with her daughter the night the gang members threatened them on the street. She remains active today as president emerita. 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. Visit theBorderReport.com homepagefor the latest exclusive stories and breaking news about issues along the United States-Mexico border. Her boys are in school. Of the 28 immigration judges Sessions has appointed so far, 16 are former ICE prosecutors. Because there is no TurboTax for immigration law., The firm made a wise choice. 2020-03-20T04:49:42Z Lisa Knox, the lawyer who represented Gutierrez, said judges where she practices tend to give applicants the benefit of the doubt. . The asylum appeal process is equally politicized, the group says. Citing the experience of six anonymous immigrants, including Juan, the complaint accuses Riley of biases against Latino immigrants, bullying and hostile questioning,a lack of professional competence and other alleged misconducts. Judge Marks says she was never bored. From 1994 to 1995, he served as a staff attorney with the New Mexico Court of Appeals. The courts facedand continue to grapple witha crisis of backlogged cases. In 2014, an unprecedented 68,000 parents and children, most of them fleeing violence and lawlessness in El Salvador, Guatemala and Honduras, crossed into the United States from Mexico a refugee crisis that has contributed to the bloated backlog of asylum petitions. They were eventually transferred to the ICE detention center in Artesia. As a result, credibility is really the key factor. 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. See how your salary compares to other Immigration Judges with Comparably. Learn more about how to check your immigration court date and the status of your immigration case from here. Immigration court doesnt have contempt, so I had to use charm, she says. Two officials in uniforms picked them up. Attorneyseven conservativesrespected her., Judge Marks explains it another way. She helped start that trajectory, says Shugall. Circuit Court of Appeals on Tuesday blasted its immigration. Juan expected from experience that he wouldonce againface a series of aggressive questionsfrom Judge Teresa Riley, whose intimidating style almost made him give up on his case altogether, he said. Legal Aid at Work. She showed us all how to be fierce advocates for justicefor what is true and right and justwithout crossing over lines, says Judge King. The Reuters analysis also found that an immigration judges particular characteristics and situation can affect outcomes. On Thursday, a coalition of 17 legal services and immigration. SAS Output. In the Charlotte court, Anas lawyer focused more narrowly on her political opinion, arguing that she was at risk of persecution for her opposition to gangs in her position on the parent-teacher association board. Judge Mabry is a member of the State Bar of Arizona and State Bar of New Mexico. In March 1987, the court decided in favor of granting Cardoza-Fonseca asylum, and Judge Marks, just 32 years old, cemented her standing as a legend. The majority come from government. Alumni Relations. The appointments included former immigration judges who themselves ordered high rates of deportation on the bench, according to the Reuters analysis. 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. Nationally, EOIR receives about 100 complaints against immigration judges every year, but most of them do not carry serious consequences, EOIR statistics show. But it still astounded him when Riley calledMexican immigrants illegals while cross-examining his wife about the subcontractors that Juan employed at his construction business. Judge Marks led the union for a total of 18 years, serving seven two-year terms as president (not sequential) and four as executive vice president. I began to panic and shake, she said. When Theodore Murphy, a former ICE prosecutor who now represents immigrants, has a client in a jurisdiction with a high deportation rate but near one with a lower rate, I tell them to move, he said. They have more understanding of trauma survivors and the difficulty they might have in recounting certain details and little discrepancies, she said. 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. She lost. Filed December 16, 2020 . Judge Marks says her biggest success was seeingH.R. They must convince the court that they have well-founded fears of persecution in their country because of their race, religion, nationality, political opinions or membership in a particular social group. Jamil adds Judge Markss tireless work for the union and giving a professional, female voice to immigration judges to her list of accomplishments. Asylum applicants cannot gain legal U.S. residency because they fled their countries in mortal fear of civil strife or rampant crime or a natural disaster. Persecutors dont give affidavits, said Andrew Arthur, a former immigration judge who now works at the Center for Immigration Studies, a nonprofit organization that supports lower levels of immigration. Immigration Court. 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. Please consider making a tax-deductible donation athttps://bit.ly/3fNsGaZ. Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. 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 (. BETWEEN WORLDS: Tens of thousands of Central Americans fleeing violence in their home countries overwhelmed U.S. immigration facilities like this one in Nogales, Arizona, in 2014. Two of them grabbed Ana and her daughter, pinned their wrists behind their backs, and pointed a gun at the childs head. In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus of immigration judges. The lawyers also argued that she was part of another particular social group as the family member of someone under threat, since the gangs had terrorized her son in trying to recruit him. Judge Monique Harris in Houston allows immigrants to stay in just four percent of cases. EOIR held a two-day training session last year. Lack of legal counsel handicaps asylum seekers, but judges also biased against migrants of color, advocates say. In late 2014, the two women were released on bond. Sixty-one percent of all complaints closed in the fiscal year 2020 ended up being dismissed. And then one day we went to lunch, and there they were.. [ 72 FR 53677 , Sept. 20, 2007, as amended at 79 FR 39956 , July 11, 2014; 85 FR 81655 , 81750, Dec. 16, 2020] All of the new immigration judges discussed in this post were selected by former Acting Attorney General Matthew Whitaker. She made it more proactive, trying to affect the law. 2 Reviews. Its not consistent because a complaint usually starts out with the persons immediate supervisor being told, Marks said. 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. She quickly packed some backpacks for her and her children and called the only friend she knew who had a car. Washington, DC 20530-0001 Washington, DC 20530-0001. Gutierrez hid for two months at her friends mothers house outside Tegucigalpa. The new six-member association board set about trying to improve security at the school, which sits on a dirt road behind a high wall topped with razor wire. There is no training on the 2017 calendar. During his time as an Immigration Judge, Ford has consistently terrorized community members through his hostile and unprofessional treatment of those in his courtroom. So far, it hasn't. Likewise, the Biden administration last month said it would seek a 21 percent increase to the budget for immigration courts, good enough to hire 100 new immigration judges to begin to ease the courts' massive backlog. The judges in San Francisco, where I served, were told we could not schedule any cases in 2022 until our calendars showed that three cases were scheduled every day through the end of 2021. In the 1980s, AILA (, ) was very stodgy, a reactive organization, Judge Webber says. As has been true in earlier years, having representation greatly increases the odds of winning asylum or other relief, TRACs Oct. 28 report says. As the sole breadwinner in his family, he said his wife and kids would suffer emotionally and financially if he were deported. The kidnappers released her and her two sons near the U.S. border. She was our fearless leader in the union, says Judge King, who was Union site representative in San Francisco while Judge Marks was president. 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. But theyre not holding their breath. Shuting Chen was appointed as an Immigration Judge to begin hearing cases in October 2022. TheCleveland Immigration Court, much like the rest of the country, saw dramatic personnel changes during Donald Trumps presidency. Decisions. Were more productive if theyre comfortable, she says. His demonstrated bias undermines due process for asylum seekers and immigrants of color. It is imperative that President-elect Biden swiftly direct the Department of Justice to reign in or remove hostile adjudicators like IJ Ford from the courts and ensure due process for immigrants. In an attempt to establish that the abusedid not happen due to the client's identity, Owen stated that it is likely that officers raped the teenage girl not because she was a member of the English-speaking minoritybut because they wanted to do so and thought that the respondent was a pretty virgin, according to court documents shared with The Dispatch. Four judges in Atlanta turned down 98 out of 100 asylum claims presented to them; nine judges in Houston said no 95% of the time. In 2012, ICE agents arrested Juan at his home and put him in deportation proceedings. 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The journey took three weeks. Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. 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. The judge also questioned why, in an early interview with an asylum officer, Ana never mentioned threats to the parent-teacher association, and instead said she thought the gangs were targeting her for the money her daughters father was sending from the United States to build a house in Honduras. 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. You felt you had a fair shot, says Milli Atkinson, Director of the Immigrant Legal Defense Program at JDC and Legal Director of the SFIL Defense Collaborative, who appeared before her as an attorney. Becoming involved with and leading theNational Association of Immigration Judges(NAIJ) was a natural extension of her skills and influence. He is especially unsuited to hear cases involving survivors of torture applying for asylum and other forms of immigration relief. . Ana testified in her asylum hearing that she knew they were gang members because they were dressed in baggy clothing and they also had ugly tattoos all over their bodies and faces., Ana and her daughter ran home and then, fearing the gang would come after them, fled out the back door. Judge Halperin is a member of the Utah State Bar. According to TRAC, denial rates were at 54.6% in fiscal year 2016 (the last full year of Barack Obamas presidency). Couch is the toughest of Charlottes three immigration judges, according to the Reuters analysis. After her, all these really amazing women came to the bench, says Shugall, women Judge Marks mentored and encouraged to apply for the bench. Laura Ramirez, Immigration Judge, San Francisco, 1997-2018. Reuters Investigates offers several ways to securely contact our reporters, Before, no one wanted to say anything about the gangs, Gutierrez said. I opened the first file, and there was a picture of the first respondent, probably less than a year old. This is the phone number you can use to contact the court's clerks or the judges' legal assistants. 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. 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