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. Riley stopped hearing cases for a few weeks in July and August, but returned shortly after, according to hearing schedules shared with the Dispatch. 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). I was the first to do the Families with Children Docket, which became known as rocket docket, Judge King recalls. The Honorable Merrick B. Garland The Honorable Lisa O. Monaco. She remains active today as president emerita. 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. He was invested on November 6 and will begin hearing cases this month. Copyright 2023 Nexstar Media Inc. All rights reserved. Theres also an imbalance of power in the courtroom and the fear of retaliation. 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. Its not that she is lying. They had early success, he said, when they persuaded police to provide officers to guard the school. Chinese nationals won asylum almost 77% of the time in 2020, followed by people from India (62%), Cameroon (61.6%), and Venezuela (54.3%). While in Cook County, Ford was accused of complicity in a Chicago police torture scandal that targeted Black people and used torture to coerce criminal confessions for over two decades. Jamil adds Judge Markss tireless work for the union and giving a professional, female voice to immigration judges to her list of accomplishments. In March 1987, the court decided in favor of granting Cardoza-Fonseca asylum, and Judge Marks, just 32 years old, cemented her standing as a legend. 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. Senators Announce GAO Investigation of the Politicization and Mismanagement of Immigration Courts - September 14, 2020; Take Action. 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. Numerous legal providers and community members have expressed strong concerns about Fords racist history influencing his work in San Francisco. There are still good judges out there. The other women in the center told me that there was someone else from Honduras who I might know, but I wasnt sure who they were talking about, Gutierrez said. Judge Marks says she was never bored. ICE has not released their estimate of how many cases would be cleared under this plan. Individuals and organizations are encouraged to sign on to a public letter (bit.ly/removeford or bit.ly/fueraford) making the same request of EOIR and the DOJ. My client was seriously mentally ill, there were a lot of complexities in his case. 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. And three judges in San Francisco said yes to more than 90% of asylum seekers who came to their courts in 2020. It also excluded cases in which the immigrant did not appear in court, which nearly always end in a deportation order, and cases terminated without a decision or closed at the request of a prosecutor. The Charlotte court was singled out for displaying a particular bias against Central American gang and gender-related asylum claims.. They said, Were going to kill themembers of the parent-teacher association to get them out of here. So the women fled.. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. Possible outcomes include asylum; adjustments of status; stay of deportation; and deportation. After her, all these really amazing women came to the bench, says Shugall, women Judge Marks mentored and encouraged to apply for the bench. Immigrant rights organizations, attorneys file complaint against local Immigration Judge. Hondurans enjoy no special considerations. Before: Richard A. Paez and John B. Owens, Circuit Judges, and Morrison C. England, Jr., * Senior District Judge. 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. Constanza Hevia H. / Special to The Chronicle 2020 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. San Francisco immigration judge begs officials to close her courtroom over coronavirus. The San Francisco Immigration Court fast-tracked cases of immigrants who weren't getting their mail. Argued and Submitted November 20, 2020 . The asylum appeal process is equally politicized, the group says. Immigration court doesnt have contempt, so I had to use charm, she says. She was always kind and patient with people who came before her. Legal Aid at Work. She was our fearless leader in the union, says Judge King, who was Union site representative in San Francisco while Judge Marks was president. Threatened by gangs in Honduras, two women sought asylum in the United States. As the sole breadwinner in his family, he said his wife and kids would suffer emotionally and financially if he were deported. 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 Reuters analysis also found that an immigration judges particular characteristics and situation can affect outcomes. 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 Click here for the news release. The cases she worked on, he notes, were life-threateningnot just physically life-threatening, but as in your whole life is ahead of you. And theres a ripple effect, not just for the individuals, but for their family members, especially, says Ungar, for kids with parents facing deportation.. Charles R. Davis. Two of them grabbed Ana and her daughter, pinned their wrists behind their backs, and pointed a gun at the childs head. On Thursday, a coalition of 17 legal services and immigration. More Reuters investigations and long-form narratives, Got a confidential news tip? From there, cases can be appealed to federal appeals court. 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. Shes funny and insightful, she says. The Trump administration filled the openings and expanded the size of the bench,appointing 10 judges who currently make up the court. 2018 or 2020, and 5% or . Those appointed under Trump had ordered. 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. She has a law degree from Tulane Law School. 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. Variations among judges and courts are broad. To then have to stand by as a judge, a member of the same government these clients are seeking protection from, belittles and demonizes their every word, treats them as though they have no dignity, and fails to acknowledge their humanity, its too much. While unfair and antagonistic judges are nothing new to immigrants, Fords misconduct is part of a larger, documented effort by the Trump administration to politicize immigration courts and encourage biased decisions. Reuters Investigates offers several ways to securely contact our reporters, Before, no one wanted to say anything about the gangs, Gutierrez said. She made it more proactive, trying to affect the law. 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. Mattingly, the EOIR spokeswoman, said the agency held training sessions for judges to address the disparities in 2008 and 2009. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. [ 72 FR 53677 , Sept. 20, 2007, as amended at 79 FR 39956 , July 11, 2014; 85 FR 81655 , 81750, Dec. 16, 2020] Judge Chen earned a Bachelor of Arts in 2006 from the University of Oklahoma and a Juris Doctor in 2009 from Harvard Law School. Freedom for Immigrants is a 501(c)(3) non-profit based in California. They were elected in 2013 to the board of the parent-teacher association at their children's school in the Honduran capital, Tegucigalpa. 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. 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. People show up in our office (and) they have no idea why someone wants to kill them. 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 judge denied her petition and ordered her deported. I am not going to risk my childs life. . Some of those asylum seekers told Border Report recently they hope their chances will improve once Joe Biden takes over the White House. Pasadena, California . FY 2015-2020. In a 2016 report, the GAO found that little had changed. Some of the supervisors discuss the complaint with the judge immediatelyand others dont. 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. 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. From 2013-2018, she worked as an immigration attorney. 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. Hanrahan's last day as assistant chief immigration judge was May 7, capping a 14-month tenure as the top manager overseeing the 25 immigration judges and dozens of staff at the San Francisco court. I thought, I have to go now. Who is Judge Marks, and how did she positively influence and impact so many lives? All of the new immigration judges discussed in this post were selected by former Acting Attorney General Matthew Whitaker. 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. Gutierrez can live and work legally in the United States and will ultimately be able to apply for citizenship. 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. Her boys are in school. Four of the 31 new immigration judges are assistant chief immigration judges who will oversee six immigration courts. 2020-03-20T04:49:42Z From 1994 to 1995, he served as a staff attorney with the New Mexico Court of Appeals. Couch is the toughest of Charlottes three immigration judges, according to the Reuters analysis. The Biden administration could move to unwind that decision. 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. That experience, the Reuters analysis found, makes them 23 percent more likely to order deportation. 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. 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. A few years ago, when his case was reassigned to Riley, Juan heard from friends that the new judge was unusually harsh. On December 18, 2020, the EOIR announced the investiture of an additional 14 immigration judges. Further, Knox said, asylum seekers arent thinking about the finer points of U.S. asylum law when they are fleeing persecution. Every story is individual, she says, and every person deserves to be heard. In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus of immigration judges. 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. The Government Accountability Office studied some proposals for reform in 2017, without endorsing any particular model. One was closed because the judge in question had since retired. Shes funny and insightful, she says. Shes the GOAT of immigration judges! declares Francisco Ugarte, Manager of the Immigration Defense Unit of San Franciscos Public Defenders Office. McFarland residents vow to keep organizing after court lets GEO expand immigration detention, look to incoming administration for support, After about 5 minutes of struggle, they forced my index finger on the paper: ICE Forcing More Asylum Seekers to Sign Deportation Paperwork as Another Deportation Flight to Cameroon Looms. 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. She perseveres solely because she believes it is important to make a difference wherever you can.. This time, her lawyer included arguments about her membership in a particular social group. 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.. One grant from Dallas-based Meadows Foundation includes $56,000 for legal services for incarcerated petitioners. She lost. Help us advocate for . Michael Short / Special to The Chronicle 2019. Sixty-one percent of all complaints closed in the fiscal year 2020 ended up being dismissed. I can think of one case I had in front of her, says Ilyce Shugall, a former immigration judge who is currently managing attorney with Immigrant Legal Defense. Becoming involved with and leading theNational Association of Immigration Judges(NAIJ) was a natural extension of her skills and influence. Another 35% ended with additional counseling or training of the judge involved. In Cleveland, there have been seven complaints filed against the judges in the past five years, according to records obtained from the Department of Justice through a public records request. , had serious impacts on asylum cases and the parameters of the courts. She is known for her compassion and fairmindedness. 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. 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. She helped start that trajectory, says Shugall. 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. The year before, according to police records in Honduras, gang members killed a school security guard. Close to half the complaints were dismissed. Asylum applicants cannot gain legal U.S. residency because they fled their countries in mortal fear of civil strife or rampant crime or a natural disaster. A 1996 law expanded the definition of political refugees to include people who are forced to abort a child or undergo sterilization, allowing Chinese women to claim persecution under Beijings coercive birth-control policies. How do I know this? 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. EOIR held a two-day training session last year. . 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. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. 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. Additional reporting by Gustavo Palencia and Kristina Cooke, By Mica Rosenberg in Oakland, California, and Reade Levinson and Ryan McNeill in New York, with additional reporting by Gustavo Palencia in Tegucigalpa, Honduras, and Kristina Cooke in San Francisco, Photo editing: Steve McKinley and Barbara Adhiya, Edited by Sue Horton, Janet Roberts and John Blanton. 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. 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: In the 1980s, AILA (, ) was very stodgy, a reactive organization, Judge Webber says. 415-705-4415. (Neither Holyoak nor Couch worked as an ICE prosecutor, according to their EOIR biographies. It was a magic zone, says Ugarte, in part because when she made a decision, she bridged the gap in a politically charged environment. 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. The journey took three weeks. The new six-member association board set about trying to improve security at the school, which sits on a dirt road behind a high wall topped with razor wire. Well-established law recognizes family as a protected social group, according to the Center for Gender & Refugee Studies. 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. The most common payscale is General Schedule. 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 courts handle cases to determine whether an individual should be deported. 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. They said they would kill me and my children. Judge-by-Judge Asylum Decisions in Immigration Courts. In Atlanta, 89 percent of cases result in a deportation order. In 2020, of the 30,173 individuals from the Northern Triangle that received a decision on asylum claims 27,020 were denied. Because there were no police here, (the gangs) did what they wanted," he said. 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. Judge Olivia Cassin in New York City allows immigrants to remain in the country in 93 percent of cases she hears. We discussed cases together. In addition to helping her colleagues with the analysis of cases, Judge Marks was available for emotional support. Theres just a real lack of systematic accountability.. 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. As a result, credibility is really the key factor. But we have to address these bad judges.. Filed December 16, 2020 . I vowed to be my authentic sense of self. Retired Immigration Judge Polly Webber, saw an aspirational role model. She was our fearless leader in the union, says Judge King, who was Union site representative in San Francisco while Judge Marks was president. 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." Those on the other side of the complaints the immigration judges also take issues with the EOIR discipline process. Talking with her former colleaguesmany of whom are now also her friendsis an uplifting experience. The coalition has urged EOIR to thoroughly investigate IJ Fords conduct and take appropriate action to ensure that individuals who appear in the San Francisco Immigration Court are treated with due process, dignity, and respect. 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., Kathleen Guthrie Woods is a long-time contributor to, San Francisco Attorneymagazine. Lt. Jonathan Scott Simpson '95 has been appointed Immigration Judge, San Francisco Immigration Court, by the Executive Office for Immigration Review. Anas response to Couchs extensive questioning played a part in the decision. Decisions. I saw the denial coming after seeing everything that Judge Riley was doing. She is now awaiting a court date after new lawyers got her case reopened. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. The rest were requests for cancellation of deportation orders or other adjustments to immigration status. From 2020 to 2022, she served as a staff attorney in The most common occupation was general attorney, followed by general legal and kindred administration. She quickly packed some backpacks for her and her children and called the only friend she knew who had a car. She explains things well. The courts in Dallas, Houston, Las Vegas and Atlanta also received the designation. The state court had plexiglass barriers, an air. No one isanillegal in this country. In 2012, ICE agents arrested Juan at his home and put him in deportation proceedings. These are life or death matters. 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. She is known for her fierce advocacy for the court. She is known for her compassion and fairmindedness. Ill have to weigh my options and consider how bad it is before I stick my neck out there.. I got in that moment what that was going to be. A grant from El Paso Bar Foundation provides an additional $3,700 for the agencys Removal Defense unit. The top ten percent of employees in the Executive Office for . The union kept me intellectually stimulated, she says. Demonstrates unlawful and inappropriate manifestations of bias in the courtroom. The majority come from government. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Antiterrorism and Effective Death Penalty Act (AEDPA). Sep 2013 - Dec 20141 year 4 months. They landed near Hidalgo, Texas. 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. 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She arrived at the Artesia detention center just weeks after Gutierrez. Judge Monique Harris in Houston allows immigrants to stay in just four percent of cases. TheCleveland Immigration Court, much like the rest of the country, saw dramatic personnel changes during Donald Trumps presidency. Gutierrez told Reuters that during her final hearing, the judge apologized for asking so many questions about what had been a painful time in her life, explaining that he had needed to establish her credibility. John W. Richardson, Immigration Judge, Phoenix, 1990-2018. . Cases are assigned to an immigration court based on where the immigrant lives. But theyre not holding their breath. They were allowed to stay in the United States in just 16 percent of cases, the Reuters analysis found. 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. Those who presented their petitions in Texas, Georgia and southern California had high denial rates, as well. By MICA ROSENBERG, READE LEVINSON and RYAN McNEILL. Add Photos. 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. She was the first person I knew from our side, says Bette Stockton, who later joined Judge Marks on the bench and retired after 21.5 years as an immigration judge. The older one, once threatened by gangs in Honduras, likes studying history and math and is learning to play the cello. 950 Pennsylvania Avenue, NW 950 Pennsylvania Avenue NW. Immigration Judges Across The US Are Staying Home After The Coronavirus Hit Courtrooms. Because there is no TurboTax for immigration law.. Its an emotionally trying job. 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