Her door was always open, says Judge King. [ 72 FR 53677 , Sept. 20, 2007, as amended at 79 FR 39956 , July 11, 2014; 85 FR 81655 , 81750, Dec. 16, 2020] The courts facedand continue to grapple witha crisis of backlogged cases. 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. Having come from a country with one of the highest murder rates in the world may have helped establish credible fear. But the two women were already at a disadvantage precisely because they came from Honduras. 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. 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. Judge Marks faced daunting challenges during her tenure. Another 35% ended with additional counseling or training of the judge involved. Opinion by Judge Owens * The Honorable Morrison C. England, Jr., United States Senior District Judge for the Eastern District of California . She first interviewed Judge Marks, then-president of NAIJ, forUnderstanding the Crisis in Our Immigration Courts(Spring 2015). He jokes he decided to hire her the minute she insisted on paying her own fare. In a 2016 report, the GAO found that little had changed. The number of immigration judges Biden appoints will also affect the immigration court backlog, currently at 1.3 million cases. 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. Were more productive if theyre comfortable, she says. Immigration courts in California and the Pacific Northwest fall under the 9th U.S. Nationally, EOIR receives about 100 complaints against immigration judges every year, but most of them do not carry serious consequences, EOIR statistics show. For example, U.S. government policy is more lenient toward people from some countries, less so for others. Couch and Holyoak and their courts are not rare outliers, the analysis found. 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 deeply cared about due process, says Ugarte. She remains active today as president emerita. Men are more likely than women to order deportation, as are judges who have worked as ICE prosecutors. Country of origin is a big factor in determining who gets to stay in the United States because immigrants from some countries are afforded special protections. Every story is individual, she says, and every person deserves to be heard. Its not consistent because a complaint usually starts out with the persons immediate supervisor being told, Marks said. Gutierrez also said her friend is very forgetful. Circuit Court of Appeals because her lawyer confused the deadline. 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. Those appointed under Trump had ordered. U.S. immigration courts are administrative courts within the Department of Justices Executive Office for Immigration Review. Hon. There are still good judges out there. Copyright 2023 Nexstar Media Inc. All rights reserved. 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. I didnt have to scare or browbeat people into my decisions, says Judge Marks. . 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. Posted November 10th, 2015. The situation in our country is getting worse and worse.. 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. Immigration judges, appointed by the U.S. attorney general, are not authorized to speak on the record about cases. I am not going to risk my childs life. . The courts handle cases to determine whether an individual should be deported. Mattingly, the EOIR spokeswoman, said the agency held training sessions for judges to address the disparities in 2008 and 2009. Kathleen Guthrie Woods is a long-time contributor toSan Francisco Attorneymagazine. Ana fled with her daughter the night the gang members threatened them on the street. Your donation to match our RFA grant helps keep her writing stories like this one. Sandra Gutierrez joined her husband in California, where her case was heard by a San Francisco immigration court judge. They just know someone wants to kill them., Anas lawyer appealed her case to the Board of Immigration Appeals (BIA), the first step in the appellate process. Anas response to Couchs extensive questioning played a part in the decision. "EOIR takes all complaints seriously, investigates all colorable complaints, and takes corrective action when appropriate, Montenegro said in an email statement. The Honorable Merrick B. Garland The Honorable Lisa O. Monaco. Knight Institute Calls on DOJ's Exe cutive Office for Immigration Review to Suspend Policy Silencing Immigration Judges, (Jan. 6, 2020), https: . These are life or death matters. Instead of submitting a complaint against Owen, however, the immigration attorney opted to voice his concerns in an appeal, which is currently pending. 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. Oh, my goodness, says Donald Ungar, now retired, as he thinks back to his first impressions. 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. She is known for her compassion and fairmindedness. 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. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. 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. Volunteer lawyers helped the women prepare and submit their applications for asylum. IJ Ford felt empowered to shout at and accuse my client throughout the hearing, showing little regard for the fact that she was a human being in his courtroom, said Omar de la Cruz, immigration attorney at Centro Legal de la Raza. 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). Cases are assigned to an immigration court based on where the immigrant lives. . Some of those asylum seekers told Border Report recently they hope their chances will improve once Joe Biden takes over the White House. I burst into tears and ran into Danas office for support. 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 rest were requests for cancellation of deportation orders or other adjustments to immigration status. From 2000 to 2008, she served as a staff attorney for ASK Law Group, in Sherman Oaks, California. We discussed cases together. In addition to helping her colleagues with the analysis of cases, Judge Marks was available for emotional support. 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. From 2020 to 2022, she served as a staff attorney in 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. . The most common payscale is General Schedule. In Atlanta, 89 percent of cases result in a deportation order. The question of equality of treatment among judges has gained urgency as the number of cases in immigration court has ballooned to record highs. Some of the supervisors discuss the complaint with the judge immediatelyand others dont. Im not judging whether you employed illegals. 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. Filing a complaint against the judge is something on the table, Olawale said. 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. We were the brave ones. Riley and Owens havedenied 89% and 96% asylum cases they were in charge of, respectively, since their appointment a few years ago. 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. 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.. She was always kind and patient with people who came before her. The first judge I had, he was strict, but he seemed like a very capable judge and I felt really comfortable, Juan said. Freedom for Immigrants is a 501(c)(3) non-profit based in California. *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). 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. 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. Senators Announce GAO Investigation of the Politicization and Mismanagement of Immigration Courts - September 14, 2020; Take Action. 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. 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. It is clearly troubling when you have these kinds of gross disparities, said Karen Musalo, director of the Center for Gender & Refugee Studies at the University of California Hastings School of the Law in San Francisco. The courts in Dallas, Houston, Las Vegas and Atlanta also received the designation. Both were taken into custody near Hidalgo, Texas, and ended up finding each other in the same U.S. Immigration and Customs Enforcement (ICE) detention center in Artesia, New Mexico. All of the new immigration judges discussed in this post were selected by former Acting Attorney General Matthew Whitaker. Robert S. Hough had the highest denial rate (92.2%), according to TRAC. Judge Halperin is a member of the Utah State Bar. Additionally, the coalition is calling on the community to help hold San Francisco Immigration Court accountable. The longer a judge has been serving, the more likely that judge is to grant asylum. One was closed because the judge in question had since retired. 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. She made it more proactive, trying to affect the law. 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. With Riley, it felt like she just wanted me out. Add Photos. 2020-03-20T04:49:42Z 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 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. Those who presented their petitions in Texas, Georgia and southern California had high denial rates, as well. The San Francisco Immigration Court fast-tracked cases of immigrants who weren't getting their mail. I will believe things when they happen, if they happen, one Cuban migrant whos been living in Juarez said last week. But the patrols left after a few weeks, probably intimidated by the gangs. Ill have to weigh my options and consider how bad it is before I stick my neck out there.. It is painfully apparent how much the clients we serve have overcome throughout their lives, says Roxana Moussavian, immigration attorney at Pangea Legal Services. She explains things well. 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 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. 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. These are life or death matters. 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. 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* . She is known for her compassion and fairmindedness. She quickly discarded that notion. Two officials in uniforms picked them up. 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. I have nothing in Mexico. There, they applied for asylum. Now, they were extorting teachers, selling drugs openly and assaulting or killing anyone who confronted them. 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: She is known for her compassion and fairmindedness. 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. 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. The rules of evidence are [only] a guide, theres no pretrial discovery, she 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 perseveres solely because she believes it is important to make a difference wherever you can.. The rules of evidence are [only] a guide, theres no pretrial discovery, she says. Pasadena, California . It was June 11, 2018, and then-attorney general Jeff Sessions, her boss . She can look back with satisfaction at the mass of people whose lives she helped, says Ungar. On Thursday, a coalition of 17 legal services and immigration. And when there isnt an independent investigatorand you have people on the same team investigating each other, that isnt a fair way to undo the wrong that has been done.. In 2020, of the 30,173 individuals from the Northern Triangle that received a decision on asylum claims 27,020 were denied. Couch wrote in his opinion that Anas difficulty recounting the names of the women on the association board weighed against her credibility. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. Immigration Judge Emily N. Farrar-Crockett began hearing cases at the Falls Church Adjudication Center in October 2018. 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. 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. The third pointed a gun at Anas head. 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. 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. 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 no training on the 2017 calendar. 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.". Updated 10:55 AM EDT, Wed July 1, 2020 Link Copied! Transparent and . Becoming involved with and leading theNational Association of Immigration Judges(NAIJ) was a natural extension of her skills and influence. She showed us all how to be fierce advocates for justicefor what is true and right and justwithout crossing over lines, says Judge King. Four of the 31 new immigration judges are assistant chief immigration judges who will oversee six immigration courts. The Trump administration filled the openings and expanded the size of the bench,appointing 10 judges who currently make up the court. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. Numerous legal providers and community members have expressed strong concerns about Fords racist history influencing his work in San Francisco. The firm made a wise choice. I want to stay because of my kids, said Juan, who recently bought a new house for his family. She works as an office janitor and is taking English classes. The most common occupation was general attorney, followed by general legal and kindred administration. 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 state court had plexiglass barriers, an air. 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. New Company Ratings Recent Salaries by Company. The asylum appeal process is equally politicized, the group says. Immigration court doesnt have contempt, so I had to use charm, she says. 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. Gutierrez contacted relatives who wired the money. If someones a pretty virgin, is that a good reason for them to rape her in any context? Olawale said. Because there is no TurboTax for immigration law., The firm made a wise choice. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Antiterrorism and Effective Death Penalty Act (AEDPA). Judge Lerner earned a Bachelor of Arts in 1999 from Columbia University and a Juris Doctorate in 2002 from Columbia University School of Law. When she started, she was one of few women. They had early success, he said, when they persuaded police to provide officers to guard the school. 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. See how your salary compares to other Immigration Judges with Comparably. Mattingly, the EOIR spokeswoman, said the agency takes seriously any claims of unjustified and significant anomalies in immigration judge decision-making and takes steps to evaluate disparities in immigration adjudications.. Murder rates in the United States people from some countries, less for... 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