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 top ten percent of employees in the Executive Office for . 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 number of immigration judges Biden appoints will also affect the immigration court backlog, currently at 1.3 million cases. Individuals can sign up for a court watch training at bit.ly/courtwatch1. But I hope someone can help us.. Lack of legal counsel handicaps asylum seekers, but judges also biased against migrants of color, advocates say. Juan is not alone in his grievances. 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. 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.. The courts facedand continue to grapple witha crisis of backlogged cases. (Reuters) - A conservative judge appointed by former Republican President Donald Trump to the San Francisco-based 9th U.S. Please consider making a tax-deductible donation athttps://bit.ly/3fNsGaZ. In New York City, 24 percent do. 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. There is no training on the 2017 calendar. People show up in our office (and) they have no idea why someone wants to kill them. 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. To give spirit to the letter of this budget . Ana fled with her daughter the night the gang members threatened them on the street. More Reuters investigations and long-form narratives, Got a confidential news tip? The Charlotte court that would hear Anas case was one of five jurisdictions labeled asylum free zones by a group of immigrant advocates in written testimony last Decemberbefore the Inter-American Commission on Human Rights. 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. CLEs. She is known for her fierce advocacy for the court. When he turned 16, he left his hometown and crossed the border by himself in search for a better life, settling in Columbus. Some of those asylum seekers told Border Report recently they hope their chances will improve once Joe Biden takes over the White House. They were elected in 2013 to the board of the parent-teacher association at their children's school in the Honduran capital, Tegucigalpa. He is especially unsuited to hear cases involving survivors of torture applying for asylum and other forms of immigration relief. One evening in April 2014, Gutierrez was watching television at home with her two sons, ages 5 and 11, when she heard banging at the front door. Anas assertion that she learned from Gutierrez in detention about gang threats to the parent-teacher association was not persuasive, Couch wrote. Disregards basic legal rules, causing undue prejudice and wasting public resources. About half the cases in the analysis were filed by asylum seekers like the two Honduran women. 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. 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. I didnt have to scare or browbeat people into my decisions, says Judge Marks. 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. More than 300 judges are spread among 58 U.S. immigration courts in 27 states, Puerto Rico and the Northern Mariana Islands. 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. We bought a bus pass to go to Guatemala and from Guatemala to Mexico and to the U.S.-Mexico border, according to her court testimony. When she started, she was one of few women. She is now awaiting a court date after new lawyers got her case reopened. Your donation to match our RFA grant helps keep her writing stories like this one. The year before, according to police records in Honduras, gang members killed a school security guard. It was June 11, 2018, and then-attorney general Jeff Sessions, her boss . 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. Those appointed under Trump had ordered. Sandra Gutierrez joined her husband in California, where her case was heard by a San Francisco immigration court judge. ). On Thursday, a coalition of 17 legal services and immigration. Variations among judges and courts are broad. For example, courts ruled in favor of Chinese immigrants 75 percent of the time, the Reuters analysis found. Additionally, the coalition is calling on the community to help hold San Francisco Immigration Court accountable. Immigration Judge Nicholas Ford is terrorizing the San Francisco immigrant community. 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. Because there is no TurboTax for immigration law.. 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. SAN FRANCISCO (BCN) It did not take U.S. Immigration Judge Nicholas Ford long to stir up controversy in San Francisco. Emmanuel Olawale, a Westerville-based immigration attorney, said he has faced this dilemma firsthand. Their stories illustrate what a Reuters analysis of thousands of court decisions found: The difference between residency and deportation depends largely on who hears the case, and where. . TheCleveland Immigration Court, much like the rest of the country, saw dramatic personnel changes during Donald Trumps presidency. They said they would kill me and my children. Ana declined to be interviewed for this article. Also, immigration judges are bound by precedents established in the federal appeals court that covers their location. But at the point where judges are using racially charged terms or demeaning people, then that seems to me that it goes beyond what they should be allowed to do.. Who is Judge Marks, and how did she positively influence and impact so many lives? 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. From there, cases can be appealed to federal appeals court. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. 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. Montenegro declined to provide additional details about the case. The information is gathered by experienced and trusted Nexstar Media Group journalists hired specifically to cover the border. Its just that she forgets things.. For example, U.S. government policy is more lenient toward people from some countries, less so for others. 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. 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. Judge Monique Harris in Houston allows immigrants to stay in just four percent of cases. After her, all these really amazing women came to the bench, says Shugall, women Judge Marks mentored and encouraged to apply for the bench. 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. How do I know this? 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. 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. Immigration attorneys and their clients are not the only ones who said they are distrustful of the judicial complaint process. Couch wrote in his opinion that Anas difficulty recounting the names of the women on the association board weighed against her credibility. 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. 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. Charles R. Davis. 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. During his time as an Immigration Judge, Ford has consistently terrorized community members through his hostile and unprofessional treatment of those in his courtroom. The firm made a wise choice. 2 Reviews. 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 was always there for me, emotionally and intellectually.. Additional reporting by Gustavo Palencia and Kristina Cooke, By Mica Rosenberg in Oakland, California, and Reade Levinson and Ryan McNeill in New York, with additional reporting by Gustavo Palencia in Tegucigalpa, Honduras, and Kristina Cooke in San Francisco, Photo editing: Steve McKinley and Barbara Adhiya, Edited by Sue Horton, Janet Roberts and John Blanton. 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. The Honorable Merrick B. Garland The Honorable Lisa O. Monaco. In the Charlotte court, Anas lawyer focused more narrowly on her political opinion, arguing that she was at risk of persecution for her opposition to gangs in her position on the parent-teacher association board. And then one day we went to lunch, and there they were.. Denial Rate. 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. Shes the GOAT of immigration judges! declares Francisco Ugarte, Manager of the Immigration Defense Unit of San Franciscos Public Defenders Office. San Francisco, CA. Judge Marks says she was never bored. The Reuters analysis used data from the Executive Office for Immigration Review (EOIR), the U.S. Justice Department unit that oversees immigration courts. Filed December 16, 2020 . The San Francisco immigration court doesn't have the kind of COVID-19 supplies that he saw in a Wisconsin courthouse in October 2020. From 2013-2018, she worked as an immigration attorney. Immigration Court. Add Photos. 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. They hoped that mothers working together could oust the violent gangs that plagued the campus. Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. Judge Butler earned a Bachelor of Arts in 2003 from Cornell College and a Juris . EOIR spokeswoman Kathryn Mattingly said the agency does not comment on external analyses of its data. Because there were no police here, (the gangs) did what they wanted," he said. Pasadena, California . From 2000 to 2008, she served as a staff attorney for ASK Law Group, in Sherman Oaks, California. Immigration judges, appointed by the U.S. attorney general, are not authorized to speak on the record about cases. In 2012, ICE agents arrested Juan at his home and put him in deportation proceedings. The murders, like more than 93 percent of crimes in Honduras, remain unsolved. The schools principal, who asked that he and the school not be identified out of fear of retaliation, worked with the board. Hon. Two of them were dismissed. Hesaid he was nervous and exhausted when he stepped into the court on Oct.16, 2020, for his fourth hearing. 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. Click here for the news release. It has also been politically charged, as immigration courts fall under the jurisdiction of the, US Department of Justice (DOJ), Executive Office for Immigration Review (EOIR), . The case was transferred to a new judge who sentenced Puente to time . U.S. immigration courts are administrative courts within the Department of Justices Executive Office for Immigration Review. 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. The third pointed a gun at Anas head. Updated 10:55 AM EDT, Wed July 1, 2020 Link Copied! Legal Aid at Work. 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. Sixty-one percent of all complaints closed in the fiscal year 2020 ended up being dismissed. The kidnappers released her and her two sons near the U.S. border. Riley and Owens havedenied 89% and 96% asylum cases they were in charge of, respectively, since their appointment a few years ago. But theyre not holding their breath. I love the Wild West aspect of it.. 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. From 2020 to 2022, she served as a staff attorney in They said, Were going to kill themembers of the parent-teacher association to get them out of here. So the women fled.. By MICA ROSENBERG, READE LEVINSON and RYAN McNEILL. 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. It feels like the judge has no compassion for us and doesnt like Latinos.. 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. As a result, credibility is really the key factor. The Trump administration filled the openings and expanded the size of the bench,appointing 10 judges who currently make up the court. Immigration Judges Across The US Are Staying Home After The Coronavirus Hit Courtrooms. In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus of immigration judges. Robert S. Hough had the highest denial rate (92.2%), according to TRAC. There, they applied for asylum. 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. The court used to have only three judges, all of whom have since left their posts. 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. Learn more about how to check your immigration court date and the status of your immigration case from here. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. 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: 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. The courts facedand continue to grapple witha crisis of backlogged cases. National Lawyers Guild - San Francisco Bay Area, Black Alliance for Just Immigration (BAJI), California Collaborative for Immigrant Justice (CCIJ), Bay Area Asylum Support Coalition (BAASC), Dolores Street Community Services, Deportation Defense and Legal Advocacy Project, Democratic Socialists of America San Francisco Chapter, Collective Action For Laborers, Migrants & Asylum Seekers (CALMA), San Francisco Immigrant Legal and Education Network (SFILEN). The judge also questioned why, in an early interview with an asylum officer, Ana never mentioned threats to the parent-teacher association, and instead said she thought the gangs were targeting her for the money her daughters father was sending from the United States to build a house in Honduras. Alumni Relations. Kathleen Guthrie Woods is a long-time contributor toSan Francisco Attorneymagazine. 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 average salary for an Immigration Judge is $72,811 per Year in the United States. (NAIJ) was a natural extension of her skills and influence. Attorney General William P. Barr appointed Jeremy J. Butler as an immigration judge in June 2020. She has a law degree from Tulane Law School. They said they knew I was involved in the parents association, Gutierrez said. In the San Francisco court, Gutierrezs lawyers argued that she qualified for asylum because as a leader of the parent-teacher association, she was at risk for her political opinion her stand against gangs and for belonging to a particular social group of Hondurans opposed to gang violence and recruitment in schools. 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. 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. Unlike federal court judges, whose authority stems from the U.S. Constitutions establishment of an independent judicial branch, immigration judges fall under the executive branch and thus are hired, and can be fired, by the attorney general. The administration of President Donald Trump is continuing the effort. 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. 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. Unaware of each others plight, both fled with their children, making the dangerous trek across Mexico. 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. Shes funny and insightful, she says. In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus of immigration judges. Mexicans and citizens from the Northern Triangle of Central America Honduras, Guatemala and El Salvador were the most likely to be turned down. Those who presented their petitions in Texas, Georgia and southern California had high denial rates, as well. 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. She works as an office janitor and is taking English classes. 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. Earlier this month, the Justice Department announced 28 new immigration judges, bringing the number of such judges to more than 465, a record high. I was the first to do the Families with Children Docket, which became known as rocket docket, Judge King recalls. Mattingly, the EOIR spokeswoman, said the agency held training sessions for judges to address the disparities in 2008 and 2009. On the journey, they were kidnapped common for Central American migrants and held for a $3,500 ransom. The rest were requests for cancellation of deportation orders or other adjustments to immigration status. You can't file a complaint one day against a judge and the next day come in with your client and expect the judge to treat them well. See how your salary compares to other Immigration Judges with Comparably. 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. 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. (Previously, appointments were considered promotions for prosecuting attorneys from INS.) Instead of submitting a complaint against Owen, however, the immigration attorney opted to voice his concerns in an appeal, which is currently pending. I am very worried about her, Gutierrez said. She perseveres solely because she believes it is important to make a difference wherever you can.. Romy L. Lerner, Immigration Judge, Miami (Krome) Immigration Court. 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.. They had early success, he said, when they persuaded police to provide officers to guard the school. Numerous legal providers and community members have expressed strong concerns about Fords racist history influencing his work in San Francisco. I was desperate and knew that I had to leave my daughters life and mine were in danger., The school principal said he understands why Gutierrez and Ana left Honduras. REUTERS/Ross D. Franklin/Pool/File Photo. 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. Riley stopped hearing cases for a few weeks in July and August, but returned shortly after, according to hearing schedules shared with the Dispatch. Most of themare former government attorneys, and five used to prosecute immigration cases on behalf of the Department of Homeland Security. She and her lawyers declined to share more detailed information about her situation because she remains fearful of the gangs in Honduras. Of course, other factors influence outcomes in immigration court. San Francisco immigration judge begs officials to close her courtroom over coronavirus. Judge Halperin is a member of the Utah State Bar. Posted November 10th, 2015. Becoming involved with and leading theNational Association of Immigration Judges(NAIJ) was a natural extension of her skills and influence. Juans case was initially assigned to Judge Thomas Janas, an immigration judge in Cleveland who has since retired. Gutierrez said that was when she first learned that her fellow parent-teacher association board member had been threatened and had fled from home. 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. . She was our fearless leader in the union, says Judge King, who was Union site representative in San Francisco while Judge Marks was president. Couch and Holyoak and their courts. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Antiterrorism and Effective Death Penalty Act (AEDPA). 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. Gail Montenegro, EOIRs Midwest regional public information officer, declined to comment on the allegations against Riley but said the agency has a well-established process for handling complaints against immigration judges. Judge Marks, in keeping with her upbeat character, reflects on the pluses of her role. 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. The kidnappers released her and her lawyers declined to share more detailed information about her situation because remains! 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