[ 72 FR 53677 , Sept. 20, 2007, as amended at 79 FR 39956 , July 11, 2014; 85 FR 81655 , 81750, Dec. 16, 2020] The first judge I had, he was strict, but he seemed like a very capable judge and I felt really comfortable, Juan said. The average annual salary for Immigration Judges in the US is $121,299. I thought, I have to go now. She remains active today as president emerita. TheCleveland Immigration Court, much like the rest of the country, saw dramatic personnel changes during Donald Trumps presidency. Judge Marks says she was never bored. All of the new immigration judges discussed in this post were selected by former Acting Attorney General Matthew Whitaker. 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. New Company Ratings Recent Salaries by Company. In the 1980s, AILA (, ) was very stodgy, a reactive organization, Judge Webber says. A collaborative court watch program run by NLG-SFBA, Freedom for Immigrants, Kehilla Community Synagogue, Interfaith Movement for Human Integrity, and other coalition organizations trains community members to attend and observe immigration hearings and to document what happens, including any failures of due process. They were elected in 2013 to the board of the parent-teacher association at their children's school in the Honduran capital, Tegucigalpa. Were all humans. From there, cases can be appealed to federal appeals court. 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. But theyre not holding their breath. WASHINGTON An immigration judge in the San Francisco court abruptly quit his post this week, issuing a scathing letter upon his retirement . 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. More Reuters investigations and long-form narratives, Got a confidential news tip? Corrective actions such as counseling or training were taken in 39 cases. Its an emotionally trying job. Her boys are in school. Talking with her former colleaguesmany of whom are now also her friendsis an uplifting experience. Demonstrates unlawful and inappropriate manifestations of bias in the courtroom. 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 average salary for an Immigration Judge is $72,811 per Year in the United States. 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. And then one day we went to lunch, and there they were.. Immigration judges in New York and San Francisco stayed home from work Tuesday, and their union announced a judge in Denver had COVID-19 symptoms and an Atlanta attorney tested positive. The San Francisco Immigration Court fast-tracked cases of immigrants who weren't getting their mail. 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. Montenegro declined to provide additional details about the case. Immigration Judge Nicholas Ford is terrorizing the San Francisco immigrant community. James Roder, the court administrator at the Cleveland Immigration Court, declined to offer a response. Additionally, the coalition is calling on the community to help hold San Francisco Immigration Court accountable. Visit theBorderReport.com homepagefor the latest exclusive stories and breaking news about issues along the United States-Mexico border. Instead of submitting a complaint against Owen, however, the immigration attorney opted to voice his concerns in an appeal, which is currently pending. Scott Bratton, president of AILA-Ohio, did not wish to comment on the complaint. Lt. Jonathan Scott Simpson '95 has been appointed Immigration Judge, San Francisco Immigration Court, by the Executive Office for Immigration Review. The rest were requests for cancellation of deportation orders or other adjustments to immigration status. Within each court, cases are assigned to judges on a random, rotational basis. 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. Juan is not alone in his grievances. U.S. immigration courts are administrative courts within the Department of Justices Executive Office for Immigration Review. Couch wrote in his opinion that Anas difficulty recounting the names of the women on the association board weighed against her credibility. Unaware of each others plight, both fled with their children, making the dangerous trek across Mexico. A grant from El Paso Bar Foundation provides an additional $3,700 for the agencys Removal Defense unit. I love the Wild West aspect of it., National Association of Immigration Judges. 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. For example, courts ruled in favor of Chinese immigrants 75 percent of the time, the Reuters analysis found. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. 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. Judge Dalin Holyoak, who heard Gutierrezs case in San Francisco, orders deportation in 43 percent of cases. 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. If someones a pretty virgin, is that a good reason for them to rape her in any context? Olawale said. 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. Legal Aid at Work. Anas assertion that she learned from Gutierrez in detention about gang threats to the parent-teacher association was not persuasive, Couch wrote. This time, her lawyer included arguments about her membership in a particular social group. Riley and Owens havedenied 89% and 96% asylum cases they were in charge of, respectively, since their appointment a few years ago. We had to jump over a wall, and I hurt my foot doing so, she said in an affidavit. The incident occurred on 13 February, and the San Francisco-based 9th US Circuit Court of Appeals has confirmed the probe. Now, they were extorting teachers, selling drugs openly and assaulting or killing anyone who confronted them. I have nothing in Mexico. Holyoak was convinced. 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. After her, all these really amazing women came to the bench, says Shugall, women Judge Marks mentored and encouraged to apply for the bench. Well-established law recognizes family as a protected social group, according to the Center for Gender & Refugee Studies. That roster includes Judges Jamil, King, Miriam Hayward, Stockton, Webber, and Laura Ramirez. Romy L. Lerner was appointed as an Immigration Judge to begin hearing cases in May 2022. 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. Lisa Knox, the lawyer who represented Gutierrez, said judges where she practices tend to give applicants the benefit of the doubt. 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. 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. She first interviewed Judge Marks, then-president of NAIJ, for, Understanding the Crisis in Our Immigration Courts, Legal Alliance for Reproductive Rights (LARR), SF-Marin Lawyer Referral and Information Service. 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. Volunteer lawyers helped the women prepare and submit their applications for asylum. My client was seriously mentally ill, there were a lot of complexities in his case. 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: 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. 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. She remains active today as president emerita. Alumni Relations. Judge Monique Harris in Houston allows immigrants to stay in just four percent of cases. 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. Gutierrez moved with her boys to Oakland, California, to join her husband, and petitioned to have her case moved to San Francisco. I am not going to risk my childs life. . Couch is the toughest of Charlottes three immigration judges, according to the Reuters analysis. The court used to have only three judges, all of whom have since left their posts. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. The third pointed a gun at Anas head. She deeply cared about due process, says Ugarte. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. She was our fearless leader in the union, says Judge King, who was Union site representative in San Francisco while Judge Marks was president. 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. 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. The clients loved her, says Ungar. Circuit Court of Appeals because her lawyer confused the deadline. 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. 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.. Gutierrez said that was when she first learned that her fellow parent-teacher association board member had been threatened and had fled from home. San Francisco, CA. Updated 10:55 AM EDT, Wed July 1, 2020 Link Copied! Immigration judges, appointed by the U.S. attorney general, are not authorized to speak on the record about cases. The most common occupation was general attorney, followed by general legal and kindred administration. 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. Denial Rate. I began to panic and shake, she said. 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. 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. Close to half the complaints were dismissed. 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. 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. 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. I didnt have to scare or browbeat people into my decisions, says Judge Marks. 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. Its not consistent because a complaint usually starts out with the persons immediate supervisor being told, Marks said. The clients loved her, says Ungar. 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. 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). Washington, DC 20530-0001 Washington, DC 20530-0001. SAS Output. She is known for her fierce advocacy for the court. Gutierrez contacted relatives who wired the money. 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. 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.. Knight Institute Calls on DOJ's Exe cutive Office for Immigration Review to Suspend Policy Silencing Immigration Judges, (Jan. 6, 2020), https: . 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. Click here for the news release. 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. The Biden administration could move to unwind that decision. Also, immigration judges are bound by precedents established in the federal appeals court that covers their location. 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. They hoped that mothers working together could oust the violent gangs that plagued the campus. She is known for her fierce advocacy for the court. The appointments included former immigration judges who themselves ordered high rates of deportation on the bench, according to the Reuters analysis. The rules of evidence are [only] a guide, theres no pretrial discovery, she says. Combined, the nine judges in Boston decided 3,196 cases over the time period. 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 (. 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. 2020-03-20T04:49:42Z 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. 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. 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. It is painfully apparent how much the clients we serve have overcome throughout their lives, says Roxana Moussavian, immigration attorney at Pangea Legal Services. Immigration Judge Emily N. Farrar-Crockett began hearing cases at the Falls Church Adjudication Center in October 2018. I vowed to be my authentic sense of self. Retired Immigration Judge Polly Webber, saw an aspirational role model. In the asylum application, Olawales client, a 22-year-old asylum seeker from Cameroon, said armed officers from that country sexually assaulted her when she was a minor while they were searching for English-speaking dissidents like her family. In a 2016 report, the GAO found that little had changed. San Antonio-New Braunfels-Pearsall, TX $134,402 $144,678 $155,071 $165,580 $176,089 $183,300* $183,300* $183,300* San Diego-Carlsbad, CA $149,365 $160,785 $172,335 $183,300* $183,300* $183,300* $183,300* $183,300* . How do I know this? Ill have to weigh my options and consider how bad it is before I stick my neck out there.. He also served as an immigration judge from 2009 to 2011 in San Francisco, and he was an Immigration and Customs Enforcement attorney in the city from 2006 to 2009. . Ana declined to be interviewed for this article. No one isanillegal in this country. In an attempt to establish that the abusedid not happen due to the client's identity, Owen stated that it is likely that officers raped the teenage girl not because she was a member of the English-speaking minoritybut because they wanted to do so and thought that the respondent was a pretty virgin, according to court documents shared with The Dispatch. The courts handle cases to determine whether an individual should be deported. The agency does not identify judges who were the subjects of complaints. 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. Immigration Judges Across The US Are Staying Home After The Coronavirus Hit Courtrooms. 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. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. But we have to address these bad judges.. 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. She is now awaiting a court date after new lawyers got her case reopened. Two of them were dismissed. They must convince the court that they have well-founded fears of persecution in their country because of their race, religion, nationality, political opinions or membership in a particular social group. 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. Its not that she is lying. 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. Of the Mexicans, 5,196 of the 6,113 who applied were told to go back home. She explains things well. 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. 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. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Antiterrorism and Effective Death Penalty Act (AEDPA). Two officials in uniforms picked them up. 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. Further, Knox said, asylum seekers arent thinking about the finer points of U.S. asylum law when they are fleeing persecution. 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