Before: Richard A. Paez and John B. Owens, Circuit Judges, and Morrison C. England, Jr., * Senior District Judge. You really get those Perry Mason moments in immigration court. To give spirit to the letter of this budget . To then have to stand by as a judge, a member of the same government these clients are seeking protection from, belittles and demonizes their every word, treats them as though they have no dignity, and fails to acknowledge their humanity, its too much. While unfair and antagonistic judges are nothing new to immigrants, Fords misconduct is part of a larger, documented effort by the Trump administration to politicize immigration courts and encourage biased decisions. Disregards basic legal rules, causing undue prejudice and wasting public resources. 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. 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. Three led to oral counseling. Jan. 27, 2020 4 AM PT HOUSTON Immigration Judge Charles Honeyman was nearing retirement, but he vowed not to leave while Donald Trump was president and risk being replaced by an ideologue. SAN FRANCISCO (BCN) It did not take U.S. Immigration Judge Nicholas Ford long to stir up controversy in San Francisco. After walking for an hour and a half, lost and desperate, Gutierrez and her sons sat down in the middle of a dirt road and waited for someone to pass. She is known for her fierce advocacy for the court. 2 Reviews. 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. 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. It was June 11, 2018, and then-attorney general Jeff Sessions, her boss . Corrective actions such as counseling or training were taken in 39 cases. 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. From 2001-2013, Judge Farrar-Crockett was an attorney with the Louisville Metro Public Defender Office. ; On June 24, 2020 we collaborated with NLG-Los Angeles, National Immigration Project of the NLG, and the NLG National Office to provide a CLE on 'Fighting for the Release of Detained . Chinese nationals won asylum almost 77% of the time in 2020, followed by people from India (62%), Cameroon (61.6%), and Venezuela (54.3%). Talking with her former colleaguesmany of whom are now also her friendsis an uplifting experience. Judge Marks also thrived in this arena because she saw beyond the expectation that her role was solely to facilitate deportations; she saw the humanity inherent in the proceedings. In a 2016 report, the GAO found that little had changed. Add Photos. Hon. 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. 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. The court used to have only three judges, all of whom have since left their posts. I got in that moment what that was going to be. 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. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. TheCleveland Immigration Court, much like the rest of the country, saw dramatic personnel changes during Donald Trumps presidency. (Previously, appointments were considered promotions for prosecuting attorneys from INS.) Juan is not alone in his grievances. 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. . Juangrew up in Guadalajara, Mexico, where his family had few resources and he often had to go to school on an empty stomach, he said. Sep 2013 - Dec 20141 year 4 months. The situation in our country is getting worse and worse.. Juans application for cancellation of removal was denied in November 2020. Early in 2020, the immigration case backlog eclipsed 1 million, and the San Francisco court handles the second largest load in the country, roughly 70,000 cases. Well-established law recognizes family as a protected social group, according to the Center for Gender & Refugee Studies. EOIR spokeswoman Kathryn Mattingly said the agency does not comment on external analyses of its data. Gutierrez told Reuters that during her final hearing, the judge apologized for asking so many questions about what had been a painful time in her life, explaining that he had needed to establish her credibility. Demonstrates unlawful and inappropriate manifestations of bias in the courtroom. It is painfully apparent how much the clients we serve have overcome throughout their lives, says Roxana Moussavian, immigration attorney at Pangea Legal Services. Do you know the people? Charles R. Davis. They had early success, he said, when they persuaded police to provide officers to guard the school. Im not judging whether you employed illegals. A grant from El Paso Bar Foundation provides an additional $3,700 for the agencys Removal Defense unit. Attorney General William P. Barr appointed Jeremy J. Butler as an immigration judge in June 2020. After graduating law school at age 23, Judge Marks went into private practice at Simmons & Ungar. The rules of evidence are [only] a guide, theres no pretrial discovery, she says. Judge. 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. Lisa Knox, the lawyer who represented Gutierrez, said judges where she practices tend to give applicants the benefit of the doubt. The next year, researchers at Temple University and Georgetown Law School concluded in a study titled Refugee Roulettethat in many cases, the most important moment in an asylum case is the instant in which a clerk randomly assigns an application to a particular asylum officer or immigration judge. In 2008, the U.S. Government Accountability Office (GAO) found similar disparitiesin its own study. 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. San Francisco immigration judge begs officials to close her courtroom over coronavirus. 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. Riley and Owens have. , had serious impacts on asylum cases and the parameters of the courts. Mattingly, the EOIR spokeswoman, said the agency held training sessions for judges to address the disparities in 2008 and 2009. She showed us all how to be fierce advocates for justicefor what is true and right and justwithout crossing over lines, says Judge King. James Roder, the court administrator at the Cleveland Immigration Court, declined to offer a response. When she started, she was one of few women. Gutierrez contacted relatives who wired the money. Updated 10:55 AM EDT, Wed July 1, 2020 Link Copied! The San Francisco immigration court doesn't have the kind of COVID-19 supplies that he saw in a Wisconsin courthouse in October 2020. Its not consistent because a complaint usually starts out with the persons immediate supervisor being told, Marks said. It also excluded cases in which the immigrant did not appear in court, which nearly always end in a deportation order, and cases terminated without a decision or closed at the request of a prosecutor. 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." 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. The Executive Office for Immigration Review had 2,383 employees in 2015 with an average pay (base salary + bonus) of $118,095.97. SAN FRANCISCO Rebecca Jamil was sitting in a nondescript hotel ballroom in suburban Virginia when she realized that her dream job being an immigration judge was no longer tenable. In July, the BIA granted Ana the right to a rehearing in immigration court, sending her case back to Charlotte, where it could be heard again by Couch. I was the first to do the Families with Children Docket, which became known as rocket docket, Judge King recalls. 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. Some of those asylum seekers told Border Report recently they hope their chances will improve once Joe Biden takes over the White House. 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. With these new judges and along with significant court policy changes, the asylum denial rate increased from 54.6% in fiscal year 2016 to 71.6% in fiscal year 2020. Washington, DC 20530-0001 Washington, DC 20530-0001. Judge Chen earned a Bachelor of Arts in 2006 from the University of Oklahoma and a Juris Doctor in 2009 from Harvard Law School. I have nothing in Mexico. 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. I came here when I was very young. 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. Riley stopped hearing cases for a few weeks in July and August, but returned shortly after, according to hearing schedules shared with the Dispatch. 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. 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* . She can look back with satisfaction at the mass of people whose lives she helped, says Ungar. Gutierrez hid for two months at her friends mothers house outside Tegucigalpa. And three judges in San Francisco said yes to more than 90% of asylum seekers who came to their courts in 2020. The administration of President Donald Trump is continuing the effort. 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.. Weeks apart, in the spring of 2014, each of the women was confronted by armed gang members who vowed to kill them and their children if they didnt meet the thugs demands. Nationality and filing a case with the right judge played a role in cases were asylum was granted, according to the data. A 1996 law expanded the definition of political refugees to include people who are forced to abort a child or undergo sterilization, allowing Chinese women to claim persecution under Beijings coercive birth-control policies. The clients loved her, says Ungar. 0% San Francisco; 0% Denver; 0% Dallas, TX; 0% Boston; 0% Los Angeles; 0% Atlanta; Salary Ranges for Immigration Judges. Even so, the Reuters analysis determined that after controlling for such factors, who hears a case and where it is heard remain reliable predictors of how a case will be decided. From 2015 to 2022, she was the Associate Immigration Judge Emily N. Farrar-Crockett began hearing cases at the Falls Church Adjudication Center in October 2018. 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. Hanrahan's last day as assistant chief immigration judge was May 7, capping a 14-month tenure as the top manager overseeing the 25 immigration judges and dozens of staff at the San Francisco court. But the patrols left after a few weeks, probably intimidated by the gangs. Youre hearing stories of trauma and torture all day long, says Carol King, also a retired immigration judge, and the judge must then make decisions about peoples futures. I didnt have to scare or browbeat people into my decisions, says Judge Marks. He is especially unsuited to hear cases involving survivors of torture applying for asylum and other forms of immigration relief. 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. 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. 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. It was a magic zone, says Ugarte, in part because when she made a decision, she bridged the gap in a politically charged environment. In 2020, of the 30,173 individuals from the Northern Triangle that received a decision on asylum claims 27,020 were denied. Judge Marks, in keeping with her upbeat character, reflects on the pluses of her role. We had to jump over a wall, and I hurt my foot doing so, she said in an affidavit. How do I know this? Hondurans enjoy no special considerations. Judge Marks says she was never bored. They drove all night to her friends mothers house in another town. Because there were no police here, (the gangs) did what they wanted," he said. The average salary for an Immigration Judge is $72,811 per Year in the United States. An immigrant was still four times as likely to be granted asylum by Holyoak in San Francisco as by Couch in Charlotte. She joined another woman and, with their children, they set out to cross Mexico. 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. Romy L. Lerner was appointed as an Immigration Judge to begin hearing cases in May 2022. She made it more proactive, trying to affect the law. By MICA ROSENBERG, READE LEVINSON and RYAN McNEILL. I burst into tears and ran into Danas office for support. Now they had come to deliver a message to Gutierrez. The union representing immigration judges is suing the Trump administration over a policy they say censors judges. (Neither Holyoak nor Couch worked as an ICE prosecutor, according to their EOIR biographies. Despite having no immigration law experience, Ford was appointed as a San Francisco Immigration Judge by Attorney General William Barr in 2019 after retiring from his judgeship in Cook County, Illinois. They were allowed to stay in the United States in just 16 percent of cases, the Reuters analysis found. Variations among judges and courts are broad. 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. 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. One evening in April 2014, Gutierrez was watching television at home with her two sons, ages 5 and 11, when she heard banging at the front door. I can think of one case I had in front of her, says Ilyce Shugall, a former immigration judge who is currently managing attorney with Immigrant Legal Defense. Its just that she forgets things.. 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. New Company Ratings Recent Salaries by Company. Judge Marks says she was never bored. I will believe things when they happen, if they happen, one Cuban migrant whos been living in Juarez said last week. Emmanuel Olawale, a Westerville-based immigration attorney, said he has faced this dilemma firsthand. I love the Wild West aspect of it., National Association of Immigration Judges. They have more understanding of trauma survivors and the difficulty they might have in recounting certain details and little discrepancies, she said. With Riley, it felt like she just wanted me out. Judges are not always made aware of the existence of a complaint in a timely fashion, and there is no transparency or consistency when it comes to sanctions imposed in a particular case, according to Dana Marks, president emerita at the National Association of Immigration Judges who spent 35 years on the bench in San Francisco, California, before retiring in December. . Ana missed the deadline to appeal the BIA decision to the 4th U.S. 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. Litigating before the US Supreme Courtand winningmight be the pinnacle of many legal careers, but Judge Marks was not one to sit on her laurels. In New York City, 24 percent do. The Biden administration could move to unwind that decision. She explains things well. Gutierrez also said her friend is very forgetful. Judge Butler earned a Bachelor of Arts in 2003 from Cornell College and a Juris . Judge Lerner earned a Bachelor of Arts in 1999 from Columbia University and a Juris Doctorate in 2002 from Columbia University School of Law. The information is gathered by experienced and trusted Nexstar Media Group journalists hired specifically to cover the border. She works as an office janitor and is taking English classes. 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. 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 Marks says her biggest success was seeingH.R. The coalition argues that Judge Fords appointment is part of the Trump administrations deliberate policy to discourage and curtail immigration from every angle, particularly against black and brown immigrants. 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.". But it wont really change anything in my clients case. Earlier this month, the Justice Department announced 28 new immigration judges, bringing the number of such judges to more than 465, a record high. There is no training on the 2017 calendar. There are still good judges out there. Treats immigrants, witnesses, and practitioners in an unprofessional and hostile manner. Please consider making a tax-deductible donation athttps://bit.ly/3fNsGaZ. Lt. Jonathan Scott Simpson '95 has been appointed Immigration Judge, San Francisco Immigration Court, by the Executive Office for Immigration Review. 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. The analysis excluded immigrants who were in detention when their cases were heard because such cases are handleddifferently. Immigration courts in California and the Pacific Northwest fall under the 9th U.S. They were eventually transferred to the ICE detention center in Artesia. Coincidence or not, denial rates have shot up more than 30% since Donald Trump became president. (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. Immigration Court. She first interviewed Judge Marks, then-president of NAIJ, for, Understanding the Crisis in Our Immigration Courts, Legal Alliance for Reproductive Rights (LARR), SF-Marin Lawyer Referral and Information Service. John W. Richardson, Immigration Judge, Phoenix, 1990-2018. . The womens lawyers framed their respective cases with some important differences. On the journey, they were kidnapped common for Central American migrants and held for a $3,500 ransom. 415-705-4415. Instead, they became targets. They hoped that mothers working together could oust the violent gangs that plagued the campus. Unaware of each others plight, both fled with their children, making the dangerous trek across Mexico. This years 71.6% denial rate excludes those who didnt win asylum but were granted a stay of removal, otherwise itd be even higher. A few years ago, when his case was reassigned to Riley, Juan heard from friends that the new judge was unusually harsh. 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. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. Many immigrants released on bond before their cases are heard have no idea that where they settle could make the difference between obtaining legal status and deportation. Legal Aid at Work. As has been true in earlier years, having representation greatly increases the odds of winning asylum or other relief, TRACs Oct. 28 report says. In Cleveland, there have been seven complaints filed against the judges in the past five years, according to records obtained from the Department of Justice through a public records request. In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus of immigration judges. I love the Wild West aspect of it.. We were the brave ones. CLEs. At first, Judge Marks wasnt sure shed like the role of judge, in part because there was an assumption about the strong-arm persona shed have to put on to manage her courtroom. 6577, Real Courts, Rule of Law Act of 2022introduced in Congress byRepresentative Zoe Lofgrenand passed by the House Judiciary Committee in May of this year. You really get those Perry Mason moments in immigration court. The older one, once threatened by gangs in Honduras, likes studying history and math and is learning to play the cello. Immigration Judges Across The US Are Staying Home After The Coronavirus Hit Courtrooms. 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. 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 average annual salary for Immigration Judges in the US is $121,299. 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. ICE has not released their estimate of how many cases would be cleared under this plan. 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. They speak of a woman who broke through barriers, applied the law fairly and compassionately, fought hard fights, and inspired others to join her. Now, they were extorting teachers, selling drugs openly and assaulting or killing anyone who confronted them. Former immigration judge Rebecca Jamil in Fremont, California, on Dec. 28, 2018. 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. Judge Halperin is a member of the Utah State Bar. Immigrant rights organizations, attorneys file complaint against local Immigration Judge. 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. Couch and Holyoak and their courts are not rare outliers, the analysis found. The rest were requests for cancellation of deportation orders or other adjustments to immigration status. Jeremy J. Butler, Immigration Judge, San Francisco Immigration Court. The rules of evidence are [only] a guide, theres no pretrial discovery, she says. Judge Marks faced daunting challenges during her tenure. Laura Ramirez, Immigration Judge, San Francisco, 1997-2018. Holyoak was convinced. I began to panic and shake, she said. 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 majority come from government. Her boys are in school. Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. 12/31/2020 4:34:37 PM . Reuters Investigates offers several ways to securely contact our reporters, Before, no one wanted to say anything about the gangs, Gutierrez said. Cases are assigned to an immigration court based on where the immigrant lives. The incident occurred on 13 February, and the San Francisco-based 9th US Circuit Court of Appeals has confirmed the probe. Montenegro declined to provide additional details about the case. Those appointed under Trump had ordered. I want everyone to feel validated, listened to., To manage an immigration courtroom, says Rebecca Bowen Jamil, who retired from the bench and is currently an attorney with Argumedo Garzon Law Group in San Francisco, you have to be flexible and have the knowledge to be flexible. Judge Marks succeeded, Jamil says, because she has a big personality, and she has the goods to back it up. 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. Shes funny and insightful, she says. A collaborative court watch program run by NLG-SFBA, Freedom for Immigrants, Kehilla Community Synagogue, Interfaith Movement for Human Integrity, and other coalition organizations trains community members to attend and observe immigration hearings and to document what happens, including any failures of due process. Individuals can sign up for a court watch training at bit.ly/courtwatch1. Mexicans and citizens from the Northern Triangle of Central America Honduras, Guatemala and El Salvador were the most likely to be turned down. Judge Marks says her biggest success was seeing, H.R. One was closed because the judge in question had since retired. They said they knew I was involved in the parents association, Gutierrez said. Some of the supervisors discuss the complaint with the judge immediatelyand others dont. Decisions. The longer a judge has been serving, the more likely that judge is to grant asylum. She was always there for me, emotionally and intellectually.. But complainants like Juan and their attorneys said they have beendisappointed that their efforts did not lead to any lasting changes and that there was little transparency in the investigation process. "EOIR takes all complaints seriously, investigates all colorable complaints, and takes corrective action when appropriate, Montenegro said in an email statement. 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. Freedom for Immigrants is a 501(c)(3) non-profit based in California. Help us advocate for . Hon. 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