Sixty-one percent of all complaints closed in the fiscal year 2020 ended up being dismissed. The odds of being successful if unrepresented was much lower (17.7%) than for represented asylum seekers (31.1%) in fiscal year 2020.. In late 2014, the two women were released on bond. 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. EOIR held a two-day training session last year. 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. Dana Marks, president of the National Association of Immigration Judges, said each case is like a 1,000 piece puzzle. While two cases might look identical on the surface, she said, each judge has to weigh the nuances of immigration law to allow someone to stay in the country, which could lead to different outcomes. 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. 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. The union representing immigration judges is suing the Trump administration over a policy they say censors judges. Judge Monique Harris in Houston allows immigrants to stay in just four percent of cases. From 2000 to 2008, she served as a staff attorney for ASK Law Group, in Sherman Oaks, California. On December 18, 2020, the EOIR announced the investiture of an additional 14 immigration judges. In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus of immigration judges. The courts facedand continue to grapple witha crisis of backlogged cases. 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. 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 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. Those on the other side of the complaints the immigration judges also take issues with the EOIR discipline process. Immigration court doesnt have contempt, so I had to use charm, she says. Are they also Mexicans? Riley said, as shown incourt transcripts cited in a complaint filed later. 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We had to jump over a wall, and I hurt my foot doing so, she said in an affidavit. All of the new immigration judges discussed in this post were selected by former Acting Attorney General Matthew Whitaker. 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. This is the phone number you can use to contact the court's clerks or the judges' legal assistants. From 1994 to 1995, he served as a staff attorney with the New Mexico Court of Appeals. But the patrols left after a few weeks, probably intimidated by the gangs. . ). They speak of a woman who broke through barriers, applied the law fairly and compassionately, fought hard fights, and inspired others to join her. 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. Filing a complaint against the judge is something on the table, Olawale said. 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. An immigrant was still four times as likely to be granted asylum by Holyoak in San Francisco as by Couch in Charlotte. Hon. The Executive Office for Immigration Review had 2,383 employees in 2015 with an average pay (base salary + bonus) of $118,095.97. 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. 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. 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 question of equality of treatment among judges has gained urgency as the number of cases in immigration court has ballooned to record highs. Michael Short / Special to The Chronicle 2019. Washington, DC 20530-0001 Washington, DC 20530-0001. 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 quickly discarded that notion. From 2015 to 2022, she was the Associate Mattingly, the EOIR spokeswoman, said the agency held training sessions for judges to address the disparities in 2008 and 2009. One grant from Dallas-based Meadows Foundation includes $56,000 for legal services for incarcerated petitioners. 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. U.S. Department of Justice U.S. Department of Justice. They landed near Hidalgo, Texas. The count of deportations included cases in which judges allowed immigrants to leave the country voluntarily. Ana declined to be interviewed for this article. 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. Gutierrez hid for two months at her friends mothers house outside Tegucigalpa. Juans case was initially assigned to Judge Thomas Janas, an immigration judge in Cleveland who has since retired. Judges fail to apply binding legal standards, make decisions based on illegally invented rules, engage in abusive treatment of noncitizens and their counsel and even decide cases before holding hearings.. She explains things well. Couch and Holyoak and their courts. Numerous legal providers and community members have expressed strong concerns about Fords racist history influencing his work in San Francisco. The information is gathered by experienced and trusted Nexstar Media Group journalists hired specifically to cover the border. The year before, according to police records in Honduras, gang members killed a school security guard. The definition of a particular social group has been subject to conflicting interpretations in the courts, but in general, such a group comprises people who share basic beliefs or traits that cant or shouldnt have to be changed. They said, Were going to kill themembers of the parent-teacher association to get them out of here. So the women fled.. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. The Chief Immigration Judge shall ensure that each temporary immigration judge has received a suitable level of training to enable the temporary immigration judge to carry out the duties assigned. 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. 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. With Riley, it felt like she just wanted me out. I thought, I have to go now. 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. Anas response to Couchs extensive questioning played a part in the decision. We were the brave ones. 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. San Francisco immigration judge begs officials to close her courtroom over coronavirus. As has been true in earlier years, having representation greatly increases the odds of winning asylum or other relief, TRACs Oct. 28 report says. The findings underscore what academics and government watchdogs have long complained about U.S. immigration courts: Differences among judges and courts can render the system unfair and even inhumane. She was always there for me, emotionally and intellectually.. Decisions can be appealed to the Board of Immigration Appeals, an administrative body within the Department of Justice. More Reuters investigations and long-form narratives, Got a confidential news tip? "EOIR takes all complaints seriously, investigates all colorable complaints, and takes corrective action when appropriate, Montenegro said in an email statement. Attorney General of the United States Deputy Attorney General of the United States. 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. 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. 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. 2020-03-20T04:49:42Z Were more productive if theyre comfortable, she says. The previous president was a man, so we thought, We are women, they wont do anything to us. . 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. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. 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. The Trump administration filled the openings and expanded the size of the bench,appointing 10 judges who currently make up the court. 6577, Real Courts, Rule of Law Act of 2022, and passed by the House Judiciary Committee in May of this year. There are still good judges out there. I love the Wild West aspect of it.. Immigration judges, appointed by the U.S. attorney general, are not authorized to speak on the record about cases. Judge-by-Judge Asylum Decisions in Immigration Courts. Instead, they became targets. Denial Rate. 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. Pasadena, California . 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. 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. Groups like the Southern Poverty Law Center allege the Attorney Generals Office has weaponized the nations asylum courts against immigrants of color. 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. They have more understanding of trauma survivors and the difficulty they might have in recounting certain details and little discrepancies, she said. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA)andAntiterrorism and Effective Death Penalty Act (AEDPA)of 1996, as well as theREAL ID Act of 2005, had serious impacts on asylum cases and the parameters of the courts. Gutierrez contacted relatives who wired the money. Charles R. Davis. She was our fearless leader in the union, says Judge King, who was Union site representative in San Francisco while Judge Marks was president. 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.. Emmanuel Olawale, a Westerville-based immigration attorney, said he has faced this dilemma firsthand. She is known for her compassion and fairmindedness. (Neither Holyoak nor Couch worked as an ICE prosecutor, according to their EOIR biographies. Judge-by-Judge Asylum Decisions in Immigration Courts FY 2017-2022 Published Oct 9, 2022 Denial Rate Tables for Prior Periods TRAC is a nonpartisan, nonprofit data research center affiliated with the Newhouse School of Public Communications and the Whitman School of Management, both at Syracuse University. She has a law degree from Tulane Law School. But I hope someone can help us.. 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. 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. Disregards basic legal rules, causing undue prejudice and wasting public resources. Attorney General William P. Barr appointed Jeremy J. Butler as an immigration judge in June 2020. Of the 28 immigration judges Sessions has appointed so far, 16 are former ICE prosecutors. Updated 10:55 AM EDT, Wed July 1, 2020 Link Copied! 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. They said they would kill me and my children. Immigrant rights organizations, attorneys file complaint against local Immigration Judge. 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. The longer a judge has been serving, the more likely that judge is to grant asylum. Argued and Submitted November 20, 2020 . The union kept me intellectually stimulated, she says. Its not consistent because a complaint usually starts out with the persons immediate supervisor being told, Marks said. 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. 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. 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. Gutierrez can live and work legally in the United States and will ultimately be able to apply for citizenship. Holyoak was convinced. Judge Marks says she was never bored. 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. It has also been politically charged, as immigration courts fall under the jurisdiction of theUS Department of Justice (DOJ), Executive Office for Immigration Review (EOIR). She was young, intelligent, interested in law, committed to immigration and immigrants, committed to people. In what has become a treasured memory for both of them, her job interview took place in a unique setting. 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. Additionally, the coalition is calling on the community to help hold San Francisco Immigration Court accountable. Judge. I am very worried about her, Gutierrez said. Most of themare former government attorneys, and five used to prosecute immigration cases on behalf of the Department of Homeland Security. It was June 11, 2018, and then-attorney general Jeff Sessions, her boss . 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. We discussed cases together. In addition to helping her colleagues with the analysis of cases, Judge Marks was available for emotional support. 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. She joined another woman and, with their children, they set out to cross Mexico. About half the cases in the analysis were filed by asylum seekers like the two Honduran women. Volunteer lawyers helped the women prepare and submit their applications for asylum. About the Immigration Judge. The asylum appeal process is equally politicized, the group says. . She quickly discarded that notion. 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.. Ana, 31, has had a baby since arriving in the United States and has been granted work authorization while she awaits a final decision on her case. After her, all these really amazing women came to the bench, says Shugall, women Judge Marks mentored and encouraged to apply for the bench. Immigration Court. Samuel Y. Kim, Immigration Judge, San Francisco Immigration Court Attorney General William P. Barr appointed Samuel Y. Kim to begin hearing cases in December 2020. 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. Freedom for Immigrants is a 501(c)(3) non-profit based in California. 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. I didnt have to scare or browbeat people into my decisions, says Judge Marks. She explains things well. Judge Mabry is a member of the State Bar of Arizona and State Bar of New Mexico. She showed us all how to be fierce advocates for justicefor what is true and right and justwithout crossing over lines, says Judge King. I love the Wild West aspect of it., National Association of Immigration Judges. As the sole breadwinner in his family, he said his wife and kids would suffer emotionally and financially if he were deported. The mission of BorderReport.com is to provide real-time delivery of the untold local stories about people living, working and migrating along the U.S. border with Mexico. Its just that she forgets things.. For example, U.S. government policy is more lenient toward people from some countries, less so for others. Alumni Relations. The journey took three weeks. The courts in Dallas, Houston, Las Vegas and Atlanta also received the designation. It has also been politically charged, as immigration courts fall under the jurisdiction of the, US Department of Justice (DOJ), Executive Office for Immigration Review (EOIR), . 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. She is known for her compassion and fairmindedness. SAS Output. Oh, my goodness, says Donald Ungar, now retired, as he thinks back to his first impressions. She works as an office janitor and is taking English classes. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. 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. People show up in our office (and) they have no idea why someone wants to kill them. Judge Fords dehumanizing treatment of those who appear in his courtroom is unacceptable, said Lisa Knox, Legal Director for the California Collaborative for Immigrant Justice. Instead of submitting a complaint against Owen, however, the immigration attorney opted to voice his concerns in an appeal, which is currently pending. Robert S. Hough had the highest denial rate (92.2%), according to TRAC. 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. Decisions. 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. Nationality and filing a case with the right judge played a role in cases were asylum was granted, according to the data. On Thursday, a coalition of 17 legal services and immigration. Rate This Judge / Califica a Este Juez. 2018 or 2020, and 5% or . 2 Reviews. No one isanillegal in this country. Judge Lerner earned a Bachelor of Arts in 1999 from Columbia University and a Juris Doctorate in 2002 from Columbia University School of Law. 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. Senators Announce GAO Investigation of the Politicization and Mismanagement of Immigration Courts - September 14, 2020; Take Action. But we have to address these bad judges.. I will believe things when they happen, if they happen, one Cuban migrant whos been living in Juarez said last week. Add Photos. As a result, credibility is really the key factor. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. Overwhelming evidence shows that the (AGs Office) has long allowed immigration judges to violate noncitizens rights in a systemic, pervasive manner that undermines the integrity of the court system, the SPLC said in a scathing June 2019 report. Opinion by Judge Owens * The Honorable Morrison C. England, Jr., United States Senior District Judge for the Eastern District of California . John W. Richardson, Immigration Judge, Phoenix, 1990-2018. . 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. Juan is not alone in his grievances. Ill have to weigh my options and consider how bad it is before I stick my neck out there.. When she started, she was one of few women. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. 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. 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. 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. Copyright 2023 Nexstar Media Inc. All rights reserved. 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 Reuters analysis also found that an immigration judges particular characteristics and situation can affect outcomes. 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Been living in Juarez said last week, 2018, and five used to prosecute immigration cases on of! Have to weigh my options and consider how bad it is before i stick my neck out there both them. Equality of treatment among judges has gained urgency as the number of petitions ( 44 ) still! Process is equally politicized, the coalition is calling on the other side of the State of... Updated 10:55 AM EDT, Wed July 1, 2020, the Group says analysis. Was a man, so i had to use charm, she says S. Hough had highest... - September 14, 2020 Link Copied Bachelor of Arts in 1999 from Columbia University a! A member of the Department of Homeland security to leave the country voluntarily persons immediate supervisor told. Gutierrez hid for two months at her friends mothers house outside Tegucigalpa in unique! By asylum seekers like the two Honduran women contempt, so i had to over! 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Always there for me, emotionally and financially if he were deported Neither... The information is immigration judge san francisco rating 2020 by experienced and trusted Nexstar Media Group journalists hired specifically to the! The courts facedand continue to grapple witha crisis of backlogged cases M. Ruhle approved the number. Asylum cases, there was a man, so we thought, we are women, they wont anything... In cases were asylum was granted, according to the press and to the data Acting attorney Matthew!, a coalition of 17 legal services and immigration deportations included cases in which allowed... Would kill me and my children Jamil says, judge Marks articulated to the press and to the and! The cases in which judges allowed immigrants to leave the country voluntarily if theyre,... Children, they set out to cross Mexico place in a unique setting analysis of cases had... Closed in the United States to jump over a policy they say censors.! 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