Theres a wide spectrum of when judges are notified, how much information they are provided, and whether they are allowed to give their side of the story before decisions are made.". 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. 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. He is especially unsuited to hear cases involving survivors of torture applying for asylum and other forms of immigration relief. 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. My client was seriously mentally ill, there were a lot of complexities in his case. It is unclear why the judge was absent. 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. 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. Michael Short / Special to The Chronicle 2019. The schools principal, who asked that he and the school not be identified out of fear of retaliation, worked with the board. 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. Of course, other factors influence outcomes in immigration court. 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. . 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. Gutierrez can live and work legally in the United States and will ultimately be able to apply for citizenship. The average salary for an Immigration Judge is $72,811 per Year in the United States. Litigating before the US Supreme Courtand winningmight be the pinnacle of many legal careers, but Judge Marks was not one to sit on her laurels. Alumni Relations. 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 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. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. People show up in our office (and) they have no idea why someone wants to kill them. In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus of immigration judges. BETWEEN WORLDS: Tens of thousands of Central Americans fleeing violence in their home countries overwhelmed U.S. immigration facilities like this one in Nogales, Arizona, in 2014. They drove all night to her friends mothers house in another town. 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. 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. She can look back with satisfaction at the mass of people whose lives she helped, says Ungar. She works as an office janitor and is taking English classes. Sometimes after a court date, I would be so down that I would just say, Forget it, I should just leave.". Were all humans. Judge Marks says she was never bored. I saw the denial coming after seeing everything that Judge Riley was doing. Because there were no police here, (the gangs) did what they wanted," he said. Men are more likely than women to order deportation, as are judges who have worked as ICE prosecutors. 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. She is known for her compassion and fairmindedness. At the end of her asylum hearing in September 2016, she received a one-page form, with an X in the box next to granted. She was free to settle into life with her family in the United States. And then one day we went to lunch, and there they were.. Nationality and filing a case with the right judge played a role in cases were asylum was granted, according to the data. 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. 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. The odds of being successful if unrepresented was much lower (17.7%) than for represented asylum seekers (31.1%) in fiscal year 2020.. That statement is misogynistic and very shocking to me.. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. 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* . 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. The kidnappers released her and her two sons near the U.S. border. EOIR spokeswoman Kathryn Mattingly said the agency does not comment on external analyses of its data. The older one, once threatened by gangs in Honduras, likes studying history and math and is learning to play the cello. 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. Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. 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. Corrective actions such as counseling or training were taken in 39 cases. In the 1980s, AILA (American Immigration Lawyers Association) was very stodgy, a reactive organization, Judge Webber says. 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. She showed us all how to be fierce advocates for justicefor what is true and right and justwithout crossing over lines, says Judge King. She has a law degree from Tulane Law School. Circuit Court of Appeals because her lawyer confused the deadline. Click here for the news release. 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. Judge Chen earned a Bachelor of Arts in 2006 from the University of Oklahoma and a Juris Doctor in 2009 from Harvard Law School. Constanza Hevia H. / Special to The Chronicle 2020 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. WASHINGTON An immigration judge in the San Francisco court abruptly quit his post this week, issuing a scathing letter upon his retirement . Knight Institute Calls on DOJ's Exe cutive Office for Immigration Review to Suspend Policy Silencing Immigration Judges, (Jan. 6, 2020), https: . Immigration Judge Nicholas Ford is terrorizing the San Francisco immigrant community. In Mexico, she hired a coyote a smuggler to help them cross into the United States and then turned herself in to Border Patrol agents near Hidalgo. That roster includes Judges Jamil, King, Miriam Hayward, Stockton, Webber, and Laura Ramirez. SAN FRANCISCO (BCN) It did not take U.S. Immigration Judge Nicholas Ford long to stir up controversy in San Francisco. Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. Variations among judges and courts are broad. Immigration attorneys and their clients are not the only ones who said they are distrustful of the judicial complaint process. It was a magic zone, says Ugarte, in part because when she made a decision, she bridged the gap in a politically charged environment. 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. 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. Decisions. Riley stopped hearing cases for a few weeks in July and August, but returned shortly after, according to hearing schedules shared with the Dispatch. I want everyone to feel validated, listened to., To manage an immigration courtroom, says Rebecca Bowen Jamil, who retired from the bench and is currently an attorney with Argumedo Garzon Law Group in San Francisco, you have to be flexible and have the knowledge to be flexible. Judge Marks succeeded, Jamil says, because she has a big personality, and she has the goods to back it up. Persecutors dont give affidavits, said Andrew Arthur, a former immigration judge who now works at the Center for Immigration Studies, a nonprofit organization that supports lower levels of immigration. It then created a system for the public to file complaints against immigration judges. Those on the other side of the complaints the immigration judges also take issues with the EOIR discipline process. More than 300 judges are spread among 58 U.S. immigration courts in 27 states, Puerto Rico and the Northern Mariana Islands. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. 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. The findings underscore what academics and government watchdogs have long complained about U.S. immigration courts: Differences among judges and courts can render the system unfair and even inhumane. She quickly discarded that notion. 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. 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. Judge. The most common occupation was general attorney, followed by general legal and kindred administration. Oh, my goodness, says Donald Ungar, now retired, as he thinks back to his first impressions. I love the Wild West aspect of it., National Association of Immigration Judges. With the seventh and latest complaint the one led by AILA-Ohio against Riley information regarding the investigation outcome was redacted by the Department of Justice. The 43-year-old, who worked as a nurse in Honduras, lives in a small one-bedroom apartment with her husband, her two sons now 15 and 8 her adult daughter and her grandson. She lost. REUTERS/Ross D. Franklin/Pool/File Photo. I have nothing in Mexico. I began to panic and shake, she said. 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.. But complainants like Juan and their attorneys said they have beendisappointed that their efforts did not lead to any lasting changes and that there was little transparency in the investigation process. OAKLAND, California The two Honduran women told nearly identical stories to the immigration courts: Fear for their lives and for the lives of their children drove them to seek asylum in the United States. 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. 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. Individuals can sign up for a court watch training at bit.ly/courtwatch1. Robert S. Hough had the highest denial rate (92.2%), according to TRAC. Disregards basic legal rules, causing undue prejudice and wasting public resources. Theres just a real lack of systematic accountability.. Featured Issue: Biden Administration Recognizes the Immigration Judge Union - December 7, 2021; EOIR Amends PM 21-18 on Filing Deadlines in Non-Detained Cases - December 16, 2021; . Opinion by Judge Owens * The Honorable Morrison C. England, Jr., United States Senior District Judge for the Eastern District of California . They were elected in 2013 to the board of the parent-teacher association at their children's school in the Honduran capital, Tegucigalpa. Its an emotionally trying job. 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. Attorney General William P. Barr appointed Jeremy J. Butler as an immigration judge in June 2020. But the patrols left after a few weeks, probably intimidated by the gangs. The court used to have only three judges, all of whom have since left their posts. Shes the GOAT of immigration judges! declares Francisco Ugarte, Manager of the Immigration Defense Unit of San Franciscos Public Defenders Office. On Thursday, a coalition of 17 legal services and immigration. 950 Pennsylvania Avenue, NW 950 Pennsylvania Avenue NW. Threatened by gangs in Honduras, two women sought asylum in the United States. Argued and Submitted November 20, 2020 . A few years ago, when his case was reassigned to Riley, Juan heard from friends that the new judge was unusually harsh. Judge Halperin is a member of the Utah State Bar. Hondurans enjoy no special considerations. 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. Three percentconcluded with retirement, resignation or termination, and none gave rise to other disciplinary actions like reprimand or suspension. 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. Also, immigration judges are bound by precedents established in the federal appeals court that covers their location. Couch and Holyoak and their courts are not rare outliers, the analysis found. Immigration courts in California and the Pacific Northwest fall under the 9th U.S. They were allowed to stay in the United States in just 16 percent of cases, the Reuters analysis found. 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. New Company Ratings Recent Salaries by Company. 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. 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. A grant from El Paso Bar Foundation provides an additional $3,700 for the agencys Removal Defense unit. In 2014, an unprecedented 68,000 parents and children, most of them fleeing violence and lawlessness in El Salvador, Guatemala and Honduras, crossed into the United States from Mexico a refugee crisis that has contributed to the bloated backlog of asylum petitions. 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. Phone number. Gutierrez also said her friend is very forgetful. During his time as an Immigration Judge, Ford has consistently terrorized community members through his hostile and unprofessional treatment of those in his courtroom. Demonstrates unlawful and inappropriate manifestations of bias in the courtroom. 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. 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. . 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. Every story is individual, she says, and every person deserves to be heard. The case is currently in the appeal process. Some of those asylum seekers told Border Report recently they hope their chances will improve once Joe Biden takes over the White House. Immigration Court. 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 number of immigration judges Biden appoints will also affect the immigration court backlog, currently at 1.3 million cases. I vowed to be my authentic sense of self. Retired Immigration Judge Polly Webber, saw an aspirational role model. *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). By the time she retired from San Francisco's Immigration Court on December 31, 2021, Judge Dana Leigh Marks* had built an inspiring reputation as a leader, mentor, and advocate. 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. Montenegro declined to provide additional details about the case. I opened the first file, and there was a picture of the first respondent, probably less than a year old. 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. 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. 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. TheCleveland Immigration Court, much like the rest of the country, saw dramatic personnel changes during Donald Trumps presidency. 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. By MICA ROSENBERG, READE LEVINSON and RYAN McNEILL. She remains active today as president emerita. 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Further, Knox said, asylum seekers arent thinking about the finer points of U.S. asylum law when they are fleeing persecution. Ana declined to be interviewed for this article. Immigrant rights organizations, attorneys file complaint against local Immigration Judge. An immigrant was still four times as likely to be granted asylum by Holyoak in San Francisco as by Couch in Charlotte. 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. William L. Abbott decided the largest number of cases (344) in fiscal year 2020 and denied 89.2% of them (307). 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. , had serious impacts on asylum cases and the parameters of the courts. 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. Immigration Judge Emily N. Farrar-Crockett began hearing cases at the Falls Church Adjudication Center in October 2018. Lt. Jonathan Scott Simpson '95 has been appointed Immigration Judge, San Francisco Immigration Court, by the Executive Office for Immigration Review. Riley, Juan heard from friends that the new Judge was unusually...., dependency, and she has the goods to back it up intimidated by the gangs ) did they. 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