She is now awaiting a court date after new lawyers got her case reopened. Three percentconcluded with retirement, resignation or termination, and none gave rise to other disciplinary actions like reprimand or suspension. 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. You really get those Perry Mason moments in immigration court. Hondurans enjoy no special considerations. She helped start that trajectory, says Shugall. The third pointed a gun at Anas head. 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. I vowed to be my authentic sense of self. Retired Immigration Judge Polly Webber, saw an aspirational role model. The question of equality of treatment among judges has gained urgency as the number of cases in immigration court has ballooned to record highs. 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. There are still good judges out there. She was our fearless leader in the union, says Judge King, who was Union site representative in San Francisco while Judge Marks was president. Instead, they became targets. Romy L. Lerner, Immigration Judge, Miami (Krome) Immigration Court. Montenegro declined to provide additional details about the case. More than 300 judges are spread among 58 U.S. immigration courts in 27 states, Puerto Rico and the Northern Mariana Islands. 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 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.. A few years ago, when his case was reassigned to Riley, Juan heard from friends that the new judge was unusually harsh. Juan is not alone in his grievances. San Francisco immigration judge begs officials to close her courtroom over coronavirus. Updated 10:55 AM EDT, Wed July 1, 2020 Link Copied! Corrective actions such as counseling or training were taken in 39 cases. In the 1980s, AILA (, ) was very stodgy, a reactive organization, Judge Webber says. Shuting Chen was appointed as an Immigration Judge to begin hearing cases in October 2022. Shuting Chen, Immigration Judge, San Francisco Immigration Court . 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. The Chief Immigration Judge shall ensure that each temporary immigration judge has received a suitable level of training to enable the temporary immigration judge to carry out the duties assigned. The Honorable Merrick B. Garland The Honorable Lisa O. Monaco. Hesaid he was nervous and exhausted when he stepped into the court on Oct.16, 2020, for his fourth hearing. She made it more proactive, trying to affect the law. 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 Administrative Law Judges Effective January 2021 . Judge Monique Harris in Houston allows immigrants to stay in just four percent of cases. 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. Constanza Hevia H. / Special to The Chronicle 2020 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 schools principal, who asked that he and the school not be identified out of fear of retaliation, worked with the board. I didnt have to scare or browbeat people into my decisions, says Judge Marks. 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. 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.. They said they knew I was involved in the parents association, Gutierrez said. The San Francisco Immigration Court fast-tracked cases of immigrants who weren't getting their mail. 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 (. Add Photos. 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. Couch wrote in his opinion that Anas difficulty recounting the names of the women on the association board weighed against her credibility. Some of the supervisors discuss the complaint with the judge immediatelyand others dont. Cases are assigned to an immigration court based on where the immigrant lives. Judge Olivia Cassin in New York City allows immigrants to remain in the country in 93 percent of cases she hears. 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. 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. The money will be used in partnership with the Loretto Volunteer Project to help migrants, including those sent to Juarez, Mexico under U.S. Customs and Border Protections Migrant Protection Protocols, or MPP, program. They drove all night to her friends mothers house in another town. The most common occupation was general attorney, followed by general legal and kindred administration. Her boys are in school. Those on the other side of the complaints the immigration judges also take issues with the EOIR discipline process. (Previously, appointments were considered promotions for prosecuting attorneys from INS.) Transparent and . . Visit theBorderReport.com homepagefor the latest exclusive stories and breaking news about issues along the United States-Mexico border. James Roder, the court administrator at the Cleveland Immigration Court, declined to offer a response. Scott Bratton, president of AILA-Ohio, did not wish to comment on the complaint. In January of 1987, she was appointed to the bench of the Immigration Court, US Department of Justice, Executive Office for Immigrationone of the first women and one of the first attorneys appointed from private practice. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Anas assertion that she learned from Gutierrez in detention about gang threats to the parent-teacher association was not persuasive, Couch wrote. 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 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. FY 2015-2020. Former immigration judge Rebecca Jamil in Fremont, California, on Dec. 28, 2018. She perseveres solely because she believes it is important to make a difference wherever you can.. The next year, researchers at Temple University and Georgetown Law School concluded in a study titled Refugee Roulettethat in many cases, the most important moment in an asylum case is the instant in which a clerk randomly assigns an application to a particular asylum officer or immigration judge. In 2008, the U.S. Government Accountability Office (GAO) found similar disparitiesin its own study. Four of the 31 new immigration judges are assistant chief immigration judges who will oversee six immigration courts. Disregards basic legal rules, causing undue prejudice and wasting public resources. Early in 2020, the immigration case backlog eclipsed 1 million, and the San Francisco court handles the second largest load in the country, roughly 70,000 cases. But it wont really change anything in my clients case. 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 is the phone number you can use to contact the court's clerks or the judges' legal assistants. Ugarte says he felt elated when he learned he would appear before her, not because all cases were granted, but because you felt heard., Judge Markss generosity extended to her colleagues on the bench. With these new judges and along with significant court policy changes, the asylum denial rate increased from 54.6% in fiscal year 2016 to 71.6% in fiscal year 2020. Judge-by-Judge Asylum Decisions in Immigration Courts FY 2017-2022 Published Oct 9, 2022 Denial Rate Tables for Prior Periods TRAC is a nonpartisan, nonprofit data research center affiliated with the Newhouse School of Public Communications and the Whitman School of Management, both at Syracuse University. The top ten percent of employees in the Executive Office for . I am not going to risk my childs life. . I vowed to be my authentic sense of self. Retired Immigration Judge Polly Webber, saw an aspirational role model. Diocesan Migrant and Refugee Services officials say the money will be used to try to win cases for migrants in an El Paso facility with 26 confirmed COVID-19 cases as of October. WASHINGTON An immigration judge in the San Francisco court abruptly quit his post this week, issuing a scathing letter upon his retirement . All of the new immigration judges discussed in this post were selected by former Acting Attorney General Matthew Whitaker. 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. Circuit Court of Appeals, and they rule in favor of immigrants far more often than courts in the 4th Circuit, which includes North and South Carolina, Maryland and Virginia, Reuters found. Immigration Judge Emily N. Farrar-Crockett began hearing cases at the Falls Church Adjudication Center in October 2018. A Honduran migrant wears a sanitary mask while waiting in line to plead . Taken together, the two cases nearly indistinguishable in their outlines but with opposite outcomes illustrate a troubling fact:An immigrants chance of being allowed to stay in the United States depends largely on who hears the case and where it is heard. The courts handle cases to determine whether an individual should be deported. Were more productive if theyre comfortable, she says. Sep 2013 - Dec 20141 year 4 months. William L. Abbott decided the largest number of cases (344) in fiscal year 2020 and denied 89.2% of them (307). Treats immigrants, witnesses, and practitioners in an unprofessional and hostile manner. They said, Were going to kill themembers of the parent-teacher association to get them out of here. So the women fled.. According to TRAC, denial rates were at 54.6% in fiscal year 2016 (the last full year of Barack Obamas presidency). Jeremy J. Butler, Immigration Judge, San Francisco Immigration Court. 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. 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. Click here for the news release. Lack of legal counsel handicaps asylum seekers, but judges also biased against migrants of color, advocates say. They were allowed to stay in the United States in just 16 percent of cases, the Reuters analysis found. Circuit Court of Appeals on Tuesday blasted its immigration. Washington, DC 20530-0001 Washington, DC 20530-0001. Denial Rate. Juans application for cancellation of removal was denied in November 2020. 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. . She lost. The administration of President Donald Trump is continuing the effort. Some of those asylum seekers told Border Report recently they hope their chances will improve once Joe Biden takes over the White House. Mexicans and citizens from the Northern Triangle of Central America Honduras, Guatemala and El Salvador were the most likely to be turned down. Talking with her former colleaguesmany of whom are now also her friendsis an uplifting experience. Decisions. The clients loved her, says Ungar. The new lawyers argued that her previous representation had been ineffective. So far, it hasn't. Likewise, the Biden administration last month said it would seek a 21 percent increase to the budget for immigration courts, good enough to hire 100 new immigration judges to begin to ease the courts' massive backlog. 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: How do I know this? The asylum appeal process is equally politicized, the group says. 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 Reuters analysis also found that an immigration judges particular characteristics and situation can affect outcomes. She helped create an inspiring model for how courtscanbe, says Ugarte, and Judge Webber states, simply, She inspires people all the time., While she has had some limelight in her career, the vast majority of her work has been thankless, says Judge King. They landed near Hidalgo, Texas. While judges should not be punished for making a good-faith legal decision, using terms like illegals seems to be a clearviolation of professionalism, he said. One was closed because the judge in question had since retired. The older one, once threatened by gangs in Honduras, likes studying history and math and is learning to play the cello. She explains things well. My client was seriously mentally ill, there were a lot of complexities in his case. 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). During his time as an Immigration Judge, Ford has consistently terrorized community members through his hostile and unprofessional treatment of those in his courtroom. Yilun Cheng is a Report for America corps member andcovers immigration issues for the Dispatch. Who is Judge Marks, and how did she positively influence and impact so many lives? Rate This Judge / Califica a Este Juez. 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. Her door was always open, says Judge King. But theyre not holding their breath. There, they applied for asylum. She deeply cared about due process, says Ugarte. Your donation to match our RFA grant helps keep her writing stories like this one. I thought, I have to go now. Those who presented their petitions in Texas, Georgia and southern California had high denial rates, as well. She can look back with satisfaction at the mass of people whose lives she helped, says Ungar. 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. Gutierrez contacted relatives who wired the money. Filing a complaint against the judge is something on the table, Olawale said. The Reuters analysis used data from the Executive Office for Immigration Review (EOIR), the U.S. Justice Department unit that oversees immigration courts. 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. Chinese nationals won asylum almost 77% of the time in 2020, followed by people from India (62%), Cameroon (61.6%), and Venezuela (54.3%). TheCleveland Immigration Court, much like the rest of the country, saw dramatic personnel changes during Donald Trumps presidency. The first judge I had, he was strict, but he seemed like a very capable judge and I felt really comfortable, Juan said. 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. The Government Accountability Office studied some proposals for reform in 2017, without endorsing any particular model. Robert S. Hough had the highest denial rate (92.2%), according to TRAC. She is known for her fierce advocacy for the court. Its not consistent because a complaint usually starts out with the persons immediate supervisor being told, Marks said. Romy L. Lerner was appointed as an Immigration Judge to begin hearing cases in May 2022. 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. Immigration Judge Nicholas Ford is terrorizing the San Francisco immigrant community. I will believe things when they happen, if they happen, one Cuban migrant whos been living in Juarez said last week. These are life or death matters. The courts in Dallas, Houston, Las Vegas and Atlanta also received the designation. She showed us all how to be fierce advocates for justicefor what is true and right and justwithout crossing over lines, says Judge King. The odds of being successful if unrepresented was much lower (17.7%) than for represented asylum seekers (31.1%) in fiscal year 2020.. When he turned 16, he left his hometown and crossed the border by himself in search for a better life, settling in Columbus. She first interviewed Judge Marks, then-president of NAIJ, forUnderstanding the Crisis in Our Immigration Courts(Spring 2015). He was invested on November 6 and will begin hearing cases this month. As has been true in earlier years, having representation greatly increases the odds of winning asylum or other relief, TRACs Oct. 28 report says. (NAIJ) was a natural extension of her skills and influence. 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. Ana declined to be interviewed for this article. 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. Because there is no TurboTax for immigration law., The firm made a wise choice. The Executive Office for Immigration Review had 2,383 employees in 2015 with an average pay (base salary + bonus) of $118,095.97. Judge Chen earned a Bachelor of Arts in 2006 from the University of Oklahoma and a Juris Doctor in 2009 from Harvard Law School. More Reuters investigations and long-form narratives, Got a confidential news tip? Because there were no police here, (the gangs) did what they wanted," he said. Central Americans are among the least successful at gaining asylum from U.S. immigration court judges, a Reuters analysis found. Judges are not always made aware of the existence of a complaint in a timely fashion, and there is no transparency or consistency when it comes to sanctions imposed in a particular case, according to Dana Marks, president emerita at the National Association of Immigration Judges who spent 35 years on the bench in San Francisco, California, before retiring in December. The word Reviews; Business Tech; Finance; Markets; . It then created a system for the public to file complaints against immigration judges. 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. Volunteer lawyers helped the women prepare and submit their applications for asylum. 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. 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 2001-2013, Judge Farrar-Crockett was an attorney with the Louisville Metro Public Defender Office. These are people were dealing with, says Judge Stockton, people who are nervous, if not terrified, and Judge Marks has a gift for helping them feel more at ease in the courtroom. Instead of submitting a complaint against Owen, however, the immigration attorney opted to voice his concerns in an appeal, which is currently pending. The rest were requests for cancellation of deportation orders or other adjustments to immigration status. Judge-by-Judge Asylum Decisions in Immigration Courts. 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. 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 year before, according to police records in Honduras, gang members killed a school security guard. Judge Lerner earned a Bachelor of Arts in 1999 from Columbia University and a Juris Doctorate in 2002 from Columbia University School of Law. We discussed cases together. In addition to helping her colleagues with the analysis of cases, Judge Marks was available for emotional support. She is known for her fierce advocacy for the court. 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. Coincidence or not, denial rates have shot up more than 30% since Donald Trump became president. Im not judging whether you employed illegals. 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. There they piled with another group of migrants into an inflatable raft and crossed the Rio Grande, the border between Mexico and the United States. U.S. immigration courts are administrative courts within the Department of Justices Executive Office for Immigration Review. 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. She has a law degree from Tulane Law School. Judge Butler earned a Bachelor of Arts in 2003 from Cornell College and a Juris . The agency does not identify judges who were the subjects of complaints. Two rival gangs the Barrio 18 and the Mara Salvatrucha, also known as MS-13 were operating brazenly in the neighborhood. Jan. 27, 2020 4 AM PT HOUSTON Immigration Judge Charles Honeyman was nearing retirement, but he vowed not to leave while Donald Trump was president and risk being replaced by an ideologue. 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. Two of them were dismissed. 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. From there, cases can be appealed to federal appeals court. They were elected in 2013 to the board of the parent-teacher association at their children's school in the Honduran capital, Tegucigalpa. She is known for her compassion and fairmindedness. San Francisco, CA. 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. 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. But we have to address these bad judges.. You felt you had a fair shot, says Milli Atkinson, Director of the Immigrant Legal Defense Program at JDC and Legal Director of the SFIL Defense Collaborative, who appeared before her as an attorney. The average salary for an Immigration Judge is $72,811 per Year in the United States. Dana Marks, president of the National Association of Immigration Judges, said each case is like a 1,000 piece puzzle. While two cases might look identical on the surface, she said, each judge has to weigh the nuances of immigration law to allow someone to stay in the country, which could lead to different outcomes. Im trying to figure out if youre telling the truth., I felt really bad when I heard the judge call us 'illegals,' Juan, a resident on Columbus' Southwest Side, said in Spanish through an interpreter. John W. Richardson, Immigration Judge, Phoenix, 1990-2018. . She quickly discarded that notion. In immigration court, the asylum seeker is typically the only witness. 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. 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