). I vowed to be my authentic sense of self. Retired Immigration Judge Polly Webber, saw an aspirational role model. 2018 or 2020, and 5% or . During his time as an Immigration Judge, Ford has consistently terrorized community members through his hostile and unprofessional treatment of those in his courtroom. 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. Argued and Submitted November 20, 2020 . John W. Richardson, Immigration Judge, Phoenix, 1990-2018. . 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 courts handle cases to determine whether an individual should be deported. Their nature ranged from alleged due process violations to concerns over in-court conducts, records show. The word Reviews; Business Tech; Finance; Markets; . 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 deeply cared about due process, says Ugarte. 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. Administrative Law Judges Effective January 2021 . The average annual salary for Immigration Judges in the US is $121,299. He is especially unsuited to hear cases involving survivors of torture applying for asylum and other forms of immigration relief. The most common occupation was general attorney, followed by general legal and kindred administration. FY 2015-2020. One grant from Dallas-based Meadows Foundation includes $56,000 for legal services for incarcerated petitioners. They were allowed to stay in the United States in just 16 percent of cases, the Reuters analysis found. Anas assertion that she learned from Gutierrez in detention about gang threats to the parent-teacher association was not persuasive, Couch wrote. The San Francisco Immigration Court fast-tracked cases of immigrants who weren't getting their mail. Romy L. Lerner, Immigration Judge, Miami (Krome) Immigration Court. She is known for her fierce advocacy for the court. Copyright 2023 Nexstar Media Inc. All rights reserved. Constanza Hevia H. / Special to The Chronicle 2020 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. In New York City, 24 percent do. She remains active today as president emerita. They just know someone wants to kill them., Anas lawyer appealed her case to the Board of Immigration Appeals (BIA), the first step in the appellate process. In late 2014, the two women were released on bond. The agency does not identify judges who were the subjects of complaints. Judge Olivia Cassin in New York City allows immigrants to remain in the country in 93 percent of cases she hears. The information is gathered by experienced and trusted Nexstar Media Group journalists hired specifically to cover the border. We were the brave ones. Please consider making a tax-deductible donation athttps://bit.ly/3fNsGaZ. Click here for the news release. Circuit Court of Appeals on Tuesday blasted its immigration. I saw the denial coming after seeing everything that Judge Riley was doing. (Neither Holyoak nor Couch worked as an ICE prosecutor, according to their EOIR biographies. The most common payscale is General Schedule. 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. New Company Ratings Recent Salaries by Company. 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. Two rival gangs the Barrio 18 and the Mara Salvatrucha, also known as MS-13 were operating brazenly in the neighborhood. Michael Short / Special to The Chronicle 2019. Do you know the people? Judge Monique Harris in Houston allows immigrants to stay in just four percent of cases. On Thursday, a coalition of 17 legal services and immigration. 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. She arrived at the Artesia detention center just weeks after Gutierrez. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. There is no training on the 2017 calendar. On December 18, 2020, the EOIR announced the investiture of an additional 14 immigration judges. 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. Attorneyseven conservativesrespected her., Judge Marks explains it another way. James Roder, the court administrator at the Cleveland Immigration Court, declined to offer a response. Close to half the complaints were dismissed. 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. An immigrant was still four times as likely to be granted asylum by Holyoak in San Francisco as by Couch in Charlotte. 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. 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. The top ten percent of employees in the Executive Office for . And three judges in San Francisco said yes to more than 90% of asylum seekers who came to their courts in 2020. I will believe things when they happen, if they happen, one Cuban migrant whos been living in Juarez said last week. The analysis excluded immigrants who were in detention when their cases were heard because such cases are handleddifferently. She made it more proactive, trying to affect the law. On the journey, they were kidnapped common for Central American migrants and held for a $3,500 ransom. Threatened by gangs in Honduras, two women sought asylum in the United States. Hon. Transparent and . But I hope someone can help us.. The Reuters analysis also found that an immigration judges particular characteristics and situation can affect outcomes. Three led to oral counseling. WASHINGTON An immigration judge in the San Francisco court abruptly quit his post this week, issuing a scathing letter upon his retirement . That experience, the Reuters analysis found, makes them 23 percent more likely to order deportation. Now, they were extorting teachers, selling drugs openly and assaulting or killing anyone who confronted them. She is known for her intelligence and wit, having coined oft-repeated, appropriate zingers that help people better understand the challenges of immigration court, including Immigration judges do death penalty cases in a traffic court setting and Immigration is more complicated than tax law. The majority come from government. Sandra Gutierrez joined her husband in California, where her case was heard by a San Francisco immigration court judge. There, they applied for asylum. Were all humans. After her, all these really amazing women came to the bench, says Shugall, women Judge Marks mentored and encouraged to apply for the bench. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. They said they knew I was involved in the parents association, Gutierrez said. Judge Lerner earned a Bachelor of Arts in 1999 from Columbia University and a Juris Doctorate in 2002 from Columbia University School of Law. Gutierrez hid for two months at her friends mothers house outside Tegucigalpa. Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. The schools principal, who asked that he and the school not be identified out of fear of retaliation, worked with the board. Judge Mabry is a member of the State Bar of Arizona and State Bar of New Mexico. Hon. I vowed to be my authentic sense of self. Retired Immigration Judge Polly Webber, saw an aspirational role model. People familiar with the system are well aware of the difference. The union kept me intellectually stimulated, she says. I came here when I was very young. Those appointed under Trump had ordered. The courts in Dallas, Houston, Las Vegas and Atlanta also received the designation. Denial Rate. 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. Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. About the Immigration 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. Laura Ramirez, Immigration Judge, San Francisco, 1997-2018. 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 firm made a wise choice. Copyright 2005-2023 The Bar Association of San Francisco |, Unpacking the Legacy of Judge Dana Leigh Marks, on December 31, 2021, Judge Dana Leigh Marks* had built an inspiring reputation as a leader, mentor, and advocate. 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. She remains active today as president emerita. Im not judging whether you employed illegals. Gail Montenegro, EOIRs Midwest regional public information officer, declined to comment on the allegations against Riley but said the agency has a well-established process for handling complaints against immigration judges. 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. Judge Marks says her biggest success was seeing, H.R. 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. From 1994 to 1995, he served as a staff attorney with the New Mexico Court of Appeals. 6577, Real Courts, Rule of Law Act of 2022, and passed by the House Judiciary Committee in May of this year. Also, immigration judges are bound by precedents established in the federal appeals court that covers their location. All of the new immigration judges discussed in this post were selected by former Acting Attorney General Matthew Whitaker. People show up in our office (and) they have no idea why someone wants to kill them. The rest were requests for cancellation of deportation orders or other adjustments to immigration status. Chinese nationals won asylum almost 77% of the time in 2020, followed by people from India (62%), Cameroon (61.6%), and Venezuela (54.3%). Immigration Judges Across The US Are Staying Home After The Coronavirus Hit Courtrooms. Emmanuel Olawale, a Westerville-based immigration attorney, said he has faced this dilemma firsthand. 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.". Legal Aid at Work. Romy L. Lerner was appointed as an Immigration Judge to begin hearing cases in May 2022. 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. Groups like the Southern Poverty Law Center allege the Attorney Generals Office has weaponized the nations asylum courts against immigrants of color. The rules of evidence are [only] a guide, theres no pretrial discovery, she says. They speak of a woman who broke through barriers, applied the law fairly and compassionately, fought hard fights, and inspired others to join her. 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Couch and Holyoak and their courts are not rare outliers, the analysis found. 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.. 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. Before: Richard A. Paez and John B. Owens, Circuit Judges, and Morrison C. England, Jr., * Senior District Judge. More Reuters investigations and long-form narratives, Got a confidential news tip? Judge Marks faced daunting challenges during her tenure. 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. Circuit Court of Appeals because her lawyer confused the deadline. 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). Men are more likely than women to order deportation, as are judges who have worked as ICE prosecutors. Learn more about how to check your immigration court date and the status of your immigration case from here. It occurred to me I had a meeting, Ungar says, So I asked, Would you mind if we continued this? They walked to Market Street, where they hopped on the #5 bus to the Federal Courthouse. She is known for her fierce advocacy for the court. They have more understanding of trauma survivors and the difficulty they might have in recounting certain details and little discrepancies, she said. He jokes he decided to hire her the minute she insisted on paying her own fare. Ana fled with her daughter the night the gang members threatened them on the street. In the 1980s, AILA (American Immigration Lawyers Association) was very stodgy, a reactive organization, Judge Webber says. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. From 2000 to 2008, she served as a staff attorney for ASK Law Group, in Sherman Oaks, California. Sep 2013 - Dec 20141 year 4 months. Ill have to weigh my options and consider how bad it is before I stick my neck out there.. REUTERS/Ross D. Franklin/Pool/File Photo. Its an emotionally trying job. 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. Filed December 16, 2020 . 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. Yilun Cheng is a Report for America corps member andcovers immigration issues for the Dispatch. 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. Immigration attorneys dont file these complaints often enough because they still have to practice in front of these judges, said Kocher, whose research focuses on immigration policies. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. 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. 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. In Atlanta, 89 percent of cases result in a deportation order. Because there were no police here, (the gangs) did what they wanted," he said. 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 question of equality of treatment among judges has gained urgency as the number of cases in immigration court has ballooned to record highs. She is known for her fierce advocacy for the court. It was a magic zone, says Ugarte, in part because when she made a decision, she bridged the gap in a politically charged environment. 12/31/2020 4:34:37 PM . 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. Theres a lack of transparency and we dont know if theres any outcome from this complaint, said Julie Nemecek, a Columbus-based attorney who represents Juan. There are still good judges out there. She was so good to him. This was something Judge Marks had learned from her experience with her own clients. (NAIJ) was a natural extension of her skills and influence. Corrective actions such as counseling or training were taken in 39 cases. The murders, like more than 93 percent of crimes in Honduras, remain unsolved. Gutierrez contacted relatives who wired the money. 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. 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. 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. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus of immigration judges. 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. Phone number. These are life or death matters. 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. 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. 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. 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. Washington, DC 20530-0001 Washington, DC 20530-0001. U.S. Department of Justice U.S. Department of Justice. The journey took three weeks. A Honduran migrant wears a sanitary mask while waiting in line to plead . 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