Riley stopped hearing cases for a few weeks in July and August, but returned shortly after, according to hearing schedules shared with the Dispatch. 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. They had early success, he said, when they persuaded police to provide officers to guard the school. Lt. Jonathan Scott Simpson '95 has been appointed Immigration Judge, San Francisco Immigration Court, by the Executive Office for Immigration Review. 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. From 2015 to 2022, she was the Associate Groups like the Southern Poverty Law Center allege the Attorney Generals Office has weaponized the nations asylum courts against immigrants of color. Of the 28 immigration judges Sessions has appointed so far, 16 are former ICE prosecutors. Because these complaints rarely generate substantial disciplinary actions and there isa fear of retaliation from the judges, immigration attorneys and their clients often hesitate toreport misconducts, said Austin Kocher, a research associate professor at the Transactional RecordsAccess Clearinghouse (TRAC), a research instituteat Syracuse University. 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. Immigration courts in California and the Pacific Northwest fall under the 9th U.S. Lisa Knox, the lawyer who represented Gutierrez, said judges where she practices tend to give applicants the benefit of the doubt. As the sole breadwinner in his family, he said his wife and kids would suffer emotionally and financially if he were deported. Robert S. Hough had the highest denial rate (92.2%), according to TRAC. 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. Shes funny and insightful, she says. More Reuters investigations and long-form narratives, Got a confidential news tip? *Today Judge Marks is known as NanaDana, a title that celebrates her role as caretaker for her granddaughter and helps people correctly pronounce her name (dan-uh, not day-nuh). 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. Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. From 2001-2013, Judge Farrar-Crockett was an attorney with the Louisville Metro Public Defender Office. 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. The new lawyers argued that her previous representation had been ineffective. I am not going to risk my childs life. . 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. After her, all these really amazing women came to the bench, says Shugall, women Judge Marks mentored and encouraged to apply for the bench. Some of the supervisors discuss the complaint with the judge immediatelyand others dont. The Reuters analysis used data from the Executive Office for Immigration Review (EOIR), the U.S. Justice Department unit that oversees immigration courts. That experience, the Reuters analysis found, makes them 23 percent more likely to order deportation. Posted November 10th, 2015. 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. Filing a complaint against the judge is something on the table, Olawale said. I am very worried about her, Gutierrez said. Nationality and filing a case with the right judge played a role in cases were asylum was granted, according to the data. His demonstrated bias undermines due process for asylum seekers and immigrants of color. It is imperative that President-elect Biden swiftly direct the Department of Justice to reign in or remove hostile adjudicators like IJ Ford from the courts and ensure due process for immigrants. The court used to have only three judges, all of whom have since left their posts. You really get those Perry Mason moments in immigration court. Help us advocate for . Anas assertion that she learned from Gutierrez in detention about gang threats to the parent-teacher association was not persuasive, Couch wrote. 415-705-4415. Two officials in uniforms picked them up. 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.. More than 300 judges are spread among 58 U.S. immigration courts in 27 states, Puerto Rico and the Northern Mariana Islands. From 2000 to 2008, she served as a staff attorney for ASK Law Group, in Sherman Oaks, California. Those on the other side of the complaints the immigration judges also take issues with the EOIR discipline process. Riley and Owens have. We discussed cases together. In addition to helping her colleagues with the analysis of cases, Judge Marks was available for emotional support. 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. 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 incident occurred on 13 February, and the San Francisco-based 9th US Circuit Court of Appeals has confirmed the probe. Gutierrez also said her friend is very forgetful. In the fall of 2020, Juan had trouble falling asleep whenever he thought about his upcoming court appearance in Cleveland, where the only immigration court in Ohio is located. All of the new immigration judges discussed in this post were selected by former Acting Attorney General Matthew Whitaker. The Charlotte court was singled out for displaying a particular bias against Central American gang and gender-related asylum claims.. In Charlotte, immigrants are ordered deported in 84 percent of cases, more than twice the rate in San Francisco, where 36 percent of cases end in deportation. Transparent and . Mattingly, the EOIR spokeswoman, said the agency held training sessions for judges to address the disparities in 2008 and 2009. 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. 200 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Sandra Gutierrez joined her husband in California, where her case was heard by a San Francisco immigration court judge. As has been true in earlier years, having representation greatly increases the odds of winning asylum or other relief, TRACs Oct. 28 report says. Gutierrez can live and work legally in the United States and will ultimately be able to apply for citizenship. 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. Her door was always open, says Judge King. How do I know this? The count of deportations included cases in which judges allowed immigrants to leave the country voluntarily. That statement is misogynistic and very shocking to me.. 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. Copyright 2023 Nexstar Media Inc. All rights reserved. The firm made a wise choice. You really get those Perry Mason moments in immigration court. We were the brave ones. 2020-03-20T04:49:42Z Immigration Judge Emily N. Farrar-Crockett began hearing cases at the Falls Church Adjudication Center in October 2018. 12/31/2020 4:34:37 PM . The San Francisco immigration court doesn't have the kind of COVID-19 supplies that he saw in a Wisconsin courthouse in October 2020. Additionally, the coalition is calling on the community to help hold San Francisco Immigration Court accountable. Ana fled with her daughter the night the gang members threatened them on the street. Rate This Judge / Califica a Este Juez. Cynthia M. Nunez, Immigration Judge, San Francisco Immigration Court Cynthia M. Nunez was appointed as an Immigration Judge to begin hearing cases in May 2022. 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. How do I know this? 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 most common occupation was general attorney, followed by general legal and kindred administration. The question of equality of treatment among judges has gained urgency as the number of cases in immigration court has ballooned to record highs. The clients loved her, says Ungar. The courts in Dallas, Houston, Las Vegas and Atlanta also received the designation. Hon. 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 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. It was June 11, 2018, and then-attorney general Jeff Sessions, her boss . The Reuters analysis also found that an immigration judges particular characteristics and situation can affect outcomes. She can look back with satisfaction at the mass of people whose lives she helped, says Ungar. I saw the denial coming after seeing everything that Judge Riley was doing. 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. Corrective actions such as counseling or training were taken in 39 cases. If someones a pretty virgin, is that a good reason for them to rape her in any context? Olawale said. 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. A grant from El Paso Bar Foundation provides an additional $3,700 for the agencys Removal Defense unit. But it wont really change anything in my clients case. 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. The odds of being successful if unrepresented was much lower (17.7%) than for represented asylum seekers (31.1%) in fiscal year 2020.. Judge Marks faced daunting challenges during her tenure. SAS Output. 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 (. Judge Marks says her biggest success was seeing, H.R. Variations among judges and courts are broad. Riley and Owens havedenied 89% and 96% asylum cases they were in charge of, respectively, since their appointment a few years ago. The Executive Office for Immigration Review had 2,383 employees in 2015 with an average pay (base salary + bonus) of $118,095.97. The average annual salary for Immigration Judges in the US is $121,299. The majority come from government. That roster includes Judges Jamil, King, Miriam Hayward, Stockton, Webber, and Laura Ramirez. 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. STEP 1: Arrive in the U.S. Im not judging whether you employed illegals. Hon. Please consider making a tax-deductible donation athttps://bit.ly/3fNsGaZ. 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. IJ Ford felt empowered to shout at and accuse my client throughout the hearing, showing little regard for the fact that she was a human being in his courtroom, said Omar de la Cruz, immigration attorney at Centro Legal de la Raza. In a 2016 report, the GAO found that little had changed. 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. Two rival gangs the Barrio 18 and the Mara Salvatrucha, also known as MS-13 were operating brazenly in the neighborhood. The Government Accountability Office studied some proposals for reform in 2017, without endorsing any particular model. Hondurans enjoy no special considerations. Romy L. Lerner was appointed as an Immigration Judge to begin hearing cases in May 2022. 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 mass exodus from Central America was under way when Gutierrez and Ana were elected to the board of the parent-teacher association at their childrens school in spring 2013. 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. In Atlanta, 89 percent of cases result in a deportation order. Volunteer lawyers helped the women prepare and submit their applications for asylum. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. 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. 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. Two of them grabbed Ana and her daughter, pinned their wrists behind their backs, and pointed a gun at the childs head. It is unclear why the judge was absent. She has a law degree from Tulane Law School. 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. To give spirit to the letter of this budget . About half the cases in the analysis were filed by asylum seekers like the two Honduran women. 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. An immigrant was still four times as likely to be granted asylum by Holyoak in San Francisco as by Couch in Charlotte. They speak of a woman who broke through barriers, applied the law fairly and compassionately, fought hard fights, and inspired others to join her. The top ten percent of employees in the Executive Office for . 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. She is known for her compassion and fairmindedness. 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. Further, Knox said, asylum seekers arent thinking about the finer points of U.S. asylum law when they are fleeing persecution. 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. Judge Marks says she was never bored. 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. 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. Phone number. I didnt have to scare or browbeat people into my decisions, says Judge Marks. 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 third pointed a gun at Anas head. People show up in our office (and) they have no idea why someone wants to kill them. Scott Bratton, president of AILA-Ohio, did not wish to comment on the complaint. The other 27 immigration judges will serve across the country on 19 immigration courts. Argued and Submitted November 20, 2020 . Senators Announce GAO Investigation of the Politicization and Mismanagement of Immigration Courts - September 14, 2020; Take Action. Gutierrez moved with her boys to Oakland, California, to join her husband, and petitioned to have her case moved to San Francisco. Through her lawyers, she asked that her full name not be used because of her uncertain status and her fear that Honduran gangs could find her. And three judges in San Francisco said yes to more than 90% of asylum seekers who came to their courts in 2020. Attorney General William P. Barr appointed Jeremy J. Butler as an immigration judge in June 2020. She remains active today as president emerita. I vowed to be my authentic sense of self. Retired Immigration Judge Polly Webber, saw an aspirational role model. She lost. Circuit Court of Appeals because her lawyer confused the deadline. SAN FRANCISCO (BCN) It did not take U.S. Immigration Judge Nicholas Ford long to stir up controversy in San Francisco. EOIR held a two-day training session last year. The agency does not identify judges who were the subjects of complaints. Do you know the people? I began to panic and shake, she said. Men are more likely than women to order deportation, as are judges who have worked as ICE prosecutors. Circuit Court of Appeals on Tuesday blasted its immigration. When she started, she was one of few women. 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. 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. Ana moved with her daughter to live with her daughters father and petitioned to have her case moved to Charlotte. She and her lawyers declined to share more detailed information about her situation because she remains fearful of the gangs in Honduras. EL PASO, Texas (Border Report) Asylum denial rates in America reached a record high 71.6% in the fiscal year 2020, an immigration think-tank reported. 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. Now they had come to deliver a message to Gutierrez. 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. New Company Ratings Recent Salaries by Company. Judge Dalin Holyoak, who heard Gutierrezs case in San Francisco, orders deportation in 43 percent of cases. 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. 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