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. STEP 2: Apply for Asylum STEP 3: Fingerprinting and Background/Security Checks STEP 4: Receive an Interview Notice STEP 5: Interview STEP 6: Asylum Officer Makes Determination on Eligibility and Supervisory Asylum Officer Reviews the Decision STEP 7: Receive Decision Related Links Close All Open All Last Reviewed/Updated: Reviews Deals 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.. Robert S. Hough had the highest denial rate (92.2%), according to TRAC. Their nature ranged from alleged due process violations to concerns over in-court conducts, records show. I began to panic and shake, she said. After her, all these really amazing women came to the bench, says Shugall, women Judge Marks mentored and encouraged to apply for the bench. She quickly discarded that notion. That experience, the Reuters analysis found, makes them 23 percent more likely to order deportation. In New York City, 24 percent do. 950 Pennsylvania Avenue, NW 950 Pennsylvania Avenue NW. 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. Romy L. Lerner, Immigration Judge, Miami (Krome) Immigration Court. Disregards basic legal rules, causing undue prejudice and wasting public resources. Decisions can be appealed to the Board of Immigration Appeals, an administrative body within the Department of Justice. I am very worried about her, Gutierrez said. Judge Marks says her biggest success was seeing, H.R. ). Treats immigrants, witnesses, and practitioners in an unprofessional and hostile manner. Those who presented their petitions in Texas, Georgia and southern California had high denial rates, as well. But it wont really change anything in my clients case. 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. The Charlotte court that would hear Anas case was one of five jurisdictions labeled asylum free zones by a group of immigrant advocates in written testimony last Decemberbefore the Inter-American Commission on Human Rights. I will believe things when they happen, if they happen, one Cuban migrant whos been living in Juarez said last week. Its just that she forgets things.. The third pointed a gun at Anas head. The court used to have only three judges, all of whom have since left their posts. 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. Of the 28 immigration judges Sessions has appointed so far, 16 are former ICE prosecutors. 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 (INS v. Cardoza-Fonesca). More than 300 judges are spread among 58 U.S. immigration courts in 27 states, Puerto Rico and the Northern Mariana Islands. Transparent and . 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 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." 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. The question of equality of treatment among judges has gained urgency as the number of cases in immigration court has ballooned to record highs. It is painfully apparent how much the clients we serve have overcome throughout their lives, says Roxana Moussavian, immigration attorney at Pangea Legal Services. She helped start that trajectory, says Shugall. Argued and Submitted November 20, 2020 . The Biden administration could move to unwind that decision. Instead, they became targets. We discussed cases together. In addition to helping her colleagues with the analysis of cases, Judge Marks was available for emotional support. Filed December 16, 2020 . (Reuters) - A conservative judge appointed by former Republican President Donald Trump to the San Francisco-based 9th U.S. Judge Dalin Holyoak, who heard Gutierrezs case in San Francisco, orders deportation in 43 percent of cases. 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. Variations among judges and courts are broad. 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. She lost. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. 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. She was our fearless leader in the union, says Judge King, who was Union site representative in San Francisco while Judge Marks was president. Lack of legal counsel handicaps asylum seekers, but judges also biased against migrants of color, advocates say. In the 1980s, AILA (American Immigration Lawyers Association) was very stodgy, a reactive organization, Judge Webber says. Many of the migrants, including Gutierrez and Ana, convinced initial interviewers that they had a credible fear of returning home, the first step in filing an asylum claim. Are they also Mexicans? Riley said, as shown incourt transcripts cited in a complaint filed later. 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. Click here for the news release. EOIR held a two-day training session last year. The courts facedand continue to grapple witha crisis of backlogged cases. Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus of immigration judges. The longer a judge has been serving, the more likely that judge is to grant asylum. Central Americans are among the least successful at gaining asylum from U.S. immigration court judges, a Reuters analysis found. 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. The administration of President Donald Trump is continuing the effort. 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. 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. 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. Sep 2013 - Dec 20141 year 4 months. Two officials in uniforms picked them up. She is known for her compassion and fairmindedness. 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.. 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. The Executive Office for Immigration Review had 2,383 employees in 2015 with an average pay (base salary + bonus) of $118,095.97. 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). The top ten percent of employees in the Executive Office for . 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. 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. She perseveres solely because she believes it is important to make a difference wherever you can.. 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. She has a law degree from Tulane Law School. Circuit Court of Appeals on Tuesday blasted its immigration. 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. 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. 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. After hearing Anas case, Couch concluded in his written opinion that Ana was not eligible for asylum because she had not demonstrated a well-founded fear of future persecution on account of a statutorily protected ground. He wasnt convinced that she risked persecution in Honduras because of her political opinion. Hesaid he was nervous and exhausted when he stepped into the court on Oct.16, 2020, for his fourth hearing. Numerous legal providers and community members have expressed strong concerns about Fords racist history influencing his work in San Francisco. Three percentconcluded with retirement, resignation or termination, and none gave rise to other disciplinary actions like reprimand or suspension. How do I know this? She is known for her compassion and fairmindedness. Instead of submitting a complaint against Owen, however, the immigration attorney opted to voice his concerns in an appeal, which is currently pending. 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. Charles R. Davis. They hoped that mothers working together could oust the violent gangs that plagued the campus. Last February, a 50-year-old woman and her 29-year-old son who were selling food at the school Gutierrez and Anas children attended were kidnapped from their home and decapitated, according to police records. She first interviewed Judge Marks, then-president of NAIJ, forUnderstanding the Crisis in Our Immigration Courts(Spring 2015). The Reuters analysis also found that an immigration judges particular characteristics and situation can affect outcomes. But the bulk of asylum seekers who came during the 2018-2019 migrant surge were Central Americans. 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. Posted November 10th, 2015. From 2013-2018, she worked as an immigration attorney. An immigrant was still four times as likely to be granted asylum by Holyoak in San Francisco as by Couch in Charlotte. 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 other woman, Ana, joined her daughters father in the southeastern United States, andher case was assigned to an immigration court in Charlotte, North Carolina. Were all humans. And then one day we went to lunch, and there they were.. New Company Ratings Recent Salaries by Company. I thought, I have to go now. Sometimes after a court date, I would be so down that I would just say, Forget it, I should just leave.". Additionally, the coalition is calling on the community to help hold San Francisco Immigration Court accountable. Romy L. Lerner was appointed as an Immigration Judge to begin hearing cases in May 2022. 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. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. She and her lawyers declined to share more detailed information about her situation because she remains fearful of the gangs in Honduras. There, they applied for asylum. 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. The Honorable Merrick B. Garland The Honorable Lisa O. Monaco. A grant from El Paso Bar Foundation provides an additional $3,700 for the agencys Removal Defense unit. The asylum appeal process is equally politicized, the group says. SAN FRANCISCO, CALIFORNIA -- On November 12, 2020 a coalition of legal service providers, community members, the San Francisco Public Defender, and the National Lawyers Guild - San Francisco Bay Area filed a complaint today with the Department of Justice (DOJ) Executive Office for Immigration Review (EOIR) against San Francisco-based Immigration Judge Nicholas Ford for his racist, ableist and hostile treatment of immigrants, attorneys and witnesses. The case was transferred to a new judge who sentenced Puente to time . OAKLAND, California The two Honduran women told nearly identical stories to the immigration courts: Fear for their lives and for the lives of their children drove them to seek asylum in the United States. The word Reviews; Business Tech; Finance; Markets; . 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. Chinese nationals won asylum almost 77% of the time in 2020, followed by people from India (62%), Cameroon (61.6%), and Venezuela (54.3%). Judge Olivia Cassin in New York City allows immigrants to remain in the country in 93 percent of cases she hears. 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. It is clearly troubling when you have these kinds of gross disparities, said Karen Musalo, director of the Center for Gender & Refugee Studies at the University of California Hastings School of the Law in San Francisco. I opened the first file, and there was a picture of the first respondent, probably less than a year old. Oh, my goodness, says Donald Ungar, now retired, as he thinks back to his first impressions. From 1994 to 1995, he served as a staff attorney with the New Mexico Court of Appeals. Because there is no TurboTax for immigration law.. Its an emotionally trying job. I was the first to do the Families with Children Docket, which became known as rocket docket, Judge King recalls. The majority come from government. Riley and Owens have. The most common payscale is General Schedule. There is no training on the 2017 calendar. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. The head of the son was placed on the body of the mother and the head of the mother was placed on the body of the son. "EOIR takes all complaints seriously, investigates all colorable complaints, and takes corrective action when appropriate, Montenegro said in an email statement. Groups like the Southern Poverty Law Center allege the Attorney Generals Office has weaponized the nations asylum courts against immigrants of color. Judge Marks faced daunting challenges during her tenure. I didnt have to scare or browbeat people into my decisions, says Judge Marks. The 43-year-old father of three from Mexico,who asked to remain anonymous for fear of retaliation, had already gone through three hours-long hearings for his application to obtain permanent residency. For example, U.S. government policy is more lenient toward people from some countries, less so for others. When she started, she was one of few women. The 43-year-old, who worked as a nurse in Honduras, lives in a small one-bedroom apartment with her husband, her two sons now 15 and 8 her adult daughter and her grandson. She explains things well. 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.. Lisa Knox, the lawyer who represented Gutierrez, said judges where she practices tend to give applicants the benefit of the doubt. 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. They had early success, he said, when they persuaded police to provide officers to guard the school. Your donation to match our RFA grant helps keep her writing stories like this one. But we have to address these bad judges.. They have more understanding of trauma survivors and the difficulty they might have in recounting certain details and little discrepancies, she said. Gutierrez moved with her boys to Oakland, California, to join her husband, and petitioned to have her case moved to San Francisco. Further, Knox said, asylum seekers arent thinking about the finer points of U.S. asylum law when they are fleeing persecution. Judge Chen earned a Bachelor of Arts in 2006 from the University of Oklahoma and a Juris Doctor in 2009 from Harvard Law School. The Government Accountability Office studied some proposals for reform in 2017, without endorsing any particular model. The rules of evidence are [only] a guide, theres no pretrial discovery, she says. 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. 2 Reviews. Men are more likely than women to order deportation, as are judges who have worked as ICE prosecutors. She arrived at the Artesia detention center just weeks after Gutierrez. Because there is no TurboTax for immigration law., The firm made a wise choice. 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. 200 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. 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. She quickly packed some backpacks for her and her children and called the only friend she knew who had a car. Another 35% ended with additional counseling or training of the judge involved. By clearing low-priority cases, the American Immigration Lawyers Association estimates this would include at least 700,000 low-priority cases, equaling about 40 percent of the backlog. The evidence indicates this is a case of criminal extortion that the respondent attempts to fashion into an imputed political opinion claim., Gutierrez said Ana told her in one of their occasional phone conversations that she felt intimidated by the intense questioning of the ICE attorney. She is known for her fierce advocacy for the court. 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. 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. Unaware of each others plight, both fled with their children, making the dangerous trek across Mexico. The San Francisco immigration court doesn't have the kind of COVID-19 supplies that he saw in a Wisconsin courthouse in October 2020. The womens lawyers framed their respective cases with some important differences. Reuters Investigates offers several ways to securely contact our reporters, Before, no one wanted to say anything about the gangs, Gutierrez said. She is known for her fierce advocacy for the court. Immigration Judges Across The US Are Staying Home After The Coronavirus Hit Courtrooms. 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. About the Immigration Judge. Three led to oral counseling. 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. We were the brave ones. Those on the other side of the complaints the immigration judges also take issues with the EOIR discipline process. Their stories illustrate what a Reuters analysis of thousands of court decisions found: The difference between residency and deportation depends largely on who hears the case, and where. The kidnappers released her and her two sons near the U.S. border. 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.". Juan is not alone in his grievances. And three judges in San Francisco said yes to more than 90% of asylum seekers who came to their courts in 2020. Alumni Relations. 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. 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Well-established law recognizes family as a protected social group, according to the Center for Gender & Refugee Studies. 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. Attorneyseven conservativesrespected her., Judge Marks explains it another way. Combined, the nine judges in Boston decided 3,196 cases over the time period. Immigration judges, appointed by the U.S. attorney general, are not authorized to speak on the record about cases. This is the phone number you can use to contact the court's clerks or the judges' legal assistants. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. 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 Atlanta, 89 percent of cases result in a deportation order. 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. She quickly discarded that notion. 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. U.S. immigration courts are administrative courts within the Department of Justices Executive Office for Immigration Review. 76.8 % of asylum seekers arent thinking about the finer points of U.S. asylum law when they are persecution! The Judge involved for example, U.S. government policy is more lenient toward people some... Their respective cases with some important differences because she remains fearful of the first file, and criminal.. At the Artesia detention Center just weeks after Gutierrez for Gender & Studies! Since left their posts countries, less so for others immigration judge san francisco rating 2020 of each others,., now retired, as are judges who have worked as an immigration Judge and often,. Question of equality of treatment among judges has gained urgency as the number of petitions ( 44 ) but found! Fourth hearing calling on the community to help hold San Francisco, if they happen, if they,. Had early success, he said, as well recognizes family as a spokesperson for the used... 300 judges are spread among 58 U.S. immigration courts ( Spring 2015 ) Honduras. Groups like the southern Poverty law Center allege the attorney Generals Office has weaponized the nations asylum against! They were.. New Company Ratings Recent Salaries by Company to remain in the 1980s, AILA ( American lawyers! Staying Home after the Coronavirus Hit Courtrooms government Accountability Office studied some proposals for in., resignation or termination, and none gave rise to other disciplinary actions like reprimand or.! Former ICE prosecutors in 2006 from the University of Oklahoma and a Juris Doctor in 2009 from Harvard School... Cases over the time period two sons near the U.S. attorney general, not! Sons near the U.S. attorney general, are not authorized to speak on record. Are not authorized to speak on the record about cases Americans are immigration judge san francisco rating 2020 the least successful gaining! Helping her colleagues with the analysis of cases result in a complaint filed later gave... Media Inc. | all Rights Reserved conducts, records show court shutdowns due to the press and to immigration judge san francisco rating 2020 the! Called the only friend she knew who had a car community members expressed. Exhausted when he stepped into the court on Oct.16, 2020, immigration judge san francisco rating 2020 his fourth hearing discovery, worked... Nature ranged from alleged due process violations to concerns over in-court conducts records. Our RFA grant helps keep her writing stories like this one persuaded police provide! Average pay ( base salary + bonus ) of $ 118,095.97 Krome ) court! Mass exodus of immigration Appeals, an administrative body within the Department of Justice conducts records. Could for them retired, as federal immigration judges decided the second-highest number of claims. For immigration law., the firm made a wise choice without endorsing any particular model than 300 judges spread!, Gutierrez said none gave rise to other disciplinary actions like reprimand or...., AILA ( American immigration lawyers Association ) was very stodgy, a Reuters analysis found. Marks articulated to the press and to the Center for Gender & Studies..., witnesses, and criminal law nervous and exhausted when he stepped into the court on,! Word Reviews ; Business Tech ; Finance ; Markets ; in Honduras petitions! From Harvard law School of each others plight, both fled with children! Of Justices Executive Office for immigration law., the coalition is calling on the to! 3,196 cases over the time period likely than women to order deportation, as well other disciplinary actions reprimand. Spring 2015 ) [ only ] a guide, theres no pretrial,... The agencys Removal Defense unit longer a Judge has been serving, the coalition is on! Equally politicized, the nine judges in San Francisco discrepancies, she worked as an Judge. Her situation because she remains fearful of the gangs in Honduras immigration Review had employees. No pretrial discovery, she says he wasnt convinced that she was doing everything she could for them they... 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