After her, all these really amazing women came to the bench, says Shugall, women Judge Marks mentored and encouraged to apply for the bench. The new lawyers argued that her previous representation had been ineffective. As has been true in earlier years, having representation greatly increases the odds of winning asylum or other relief, TRACs Oct. 28 report says. The courts facedand continue to grapple witha crisis of backlogged cases. One grant from Dallas-based Meadows Foundation includes $56,000 for legal services for incarcerated petitioners. We had to jump over a wall, and I hurt my foot doing so, she said in an affidavit. 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. Volunteer lawyers helped the women prepare and submit their applications for asylum. Cases are assigned to an immigration court based on where the immigrant lives. They speak of a woman who broke through barriers, applied the law fairly and compassionately, fought hard fights, and inspired others to join her. The bill, if approved by the Senate, will transition the nations immigration court system into an independent judiciary consistent with Article I of the U.S. Constitution. Says Judge Marks, Thisquickly became my long-term goal outside of judging., When that does happen, it certainly will be part of her legacy, but just one part of a stellar career. 950 Pennsylvania Avenue, NW 950 Pennsylvania Avenue NW. And then one day we went to lunch, and there they were.. 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. That roster includes Judges Jamil, King, Miriam Hayward, Stockton, Webber, and Laura Ramirez. The kidnappers released her and her two sons near the U.S. border. Becoming involved with and leading theNational Association of Immigration Judges(NAIJ) was a natural extension of her skills and influence. Hondurans enjoy no special considerations. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. On December 18, 2020, the EOIR announced the investiture of an additional 14 immigration judges. Judge Chen earned a Bachelor of Arts in 2006 from the University of Oklahoma and a Juris Doctor in 2009 from Harvard Law School. She made it more proactive, trying to affect the law. Ill have to weigh my options and consider how bad it is before I stick my neck out there.. Samuel Y. Kim, Immigration Judge, San Francisco Immigration Court Attorney General William P. Barr appointed Samuel Y. Kim to begin hearing cases in December 2020. Mattingly, the EOIR spokeswoman, said the agency held training sessions for judges to address the disparities in 2008 and 2009. 2020-03-20T04:49:42Z From 2020 to 2022, she served as a staff attorney in WASHINGTON An immigration judge in the San Francisco court abruptly quit his post this week, issuing a scathing letter upon his retirement . The courts facedand continue to grapple witha crisis of backlogged cases. Four of the 31 new immigration judges are assistant chief immigration judges who will oversee six immigration courts. 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. The appointments included former immigration judges who themselves ordered high rates of deportation on the bench, according to the Reuters analysis. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. Two of them were dismissed. . Ana, 31, has had a baby since arriving in the United States and has been granted work authorization while she awaits a final decision on her case. She showed us all how to be fierce advocates for justicefor what is true and right and justwithout crossing over lines, says Judge King. Unaware of each others plight, both fled with their children, making the dangerous trek across Mexico. She was so good to him. This was something Judge Marks had learned from her experience with her own clients. There is no training on the 2017 calendar. Juans case was initially assigned to Judge Thomas Janas, an immigration judge in Cleveland who has since retired. If someones a pretty virgin, is that a good reason for them to rape her in any context? Olawale said. 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. When he turned 16, he left his hometown and crossed the border by himself in search for a better life, settling in Columbus. 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. My client was seriously mentally ill, there were a lot of complexities in his case. Judge Halperin is a member of the Utah State Bar. Now, they were extorting teachers, selling drugs openly and assaulting or killing anyone who confronted them. Judge Olivia Cassin in New York City allows immigrants to remain in the country in 93 percent of cases she hears. Judge Butler earned a Bachelor of Arts in 2003 from Cornell College and a Juris . Argued and Submitted November 20, 2020 . They demanded that a payment of more than $5,000 be delivered in 24 hours, a huge sum for a woman who sold tortillas for a living. Ana declined to be interviewed for this article. San Francisco immigration judge begs officials to close her courtroom over coronavirus. 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. They have more understanding of trauma survivors and the difficulty they might have in recounting certain details and little discrepancies, she said. 12/31/2020 4:34:37 PM . They had early success, he said, when they persuaded police to provide officers to guard the school. It is unclear why the judge was absent. 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. 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 administration of President Donald Trump is continuing the effort. It was a magic zone, says Ugarte, in part because when she made a decision, she bridged the gap in a politically charged environment. In the 1980s, AILA (American Immigration Lawyers Association) was very stodgy, a reactive organization, Judge Webber says. The October announcement explained that " [s]ince Jan. 20, 2017, the [Department of Justice] has increased EOIR's immigration judge corps from 306 to 520 adjudicators an increase of nearly 70 percent." The Executive Office for Immigration Review had 2,383 employees in 2015 with an average pay (base salary + bonus) of $118,095.97. Now they had come to deliver a message to Gutierrez. The clients loved her, says Ungar. Montenegro declined to provide additional details about the case. The rules of evidence are [only] a guide, theres no pretrial discovery, she says. Because there is no TurboTax for immigration law., The firm made a wise choice. Judge Mabry is a member of the State Bar of Arizona and State Bar of New Mexico. They landed near Hidalgo, Texas. Juans application for cancellation of removal was denied in November 2020. Former immigration judge Rebecca Jamil in Fremont, California, on Dec. 28, 2018. Numerous legal providers and community members have expressed strong concerns about Fords racist history influencing his work in San Francisco. Rate This Judge / Califica a Este Juez. Couch and Holyoak and their courts are not rare outliers, the analysis found. U.S. Department of Justice U.S. Department of Justice. Immigration attorneys and their clients are not the only ones who said they are distrustful of the judicial complaint process. In a 2016 report, the GAO found that little had changed. Attorneyseven conservativesrespected her., Judge Marks explains it another way. Ana fled with her daughter the night the gang members threatened them on the street. 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. Freedom for Immigrants is a 501(c)(3) non-profit based in California. Judge Marks says her biggest success was seeingH.R. 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. Ana moved with her daughter to live with her daughters father and petitioned to have her case moved to Charlotte. 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. Juan is not alone in his grievances. 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. She remains active today as president emerita. Hesaid he was nervous and exhausted when he stepped into the court on Oct.16, 2020, for his fourth hearing. They said they knew I was involved in the parents association, Gutierrez said. 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. It feels like the judge has no compassion for us and doesnt like Latinos.. 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. 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. These are life or death matters. By the time she retired fromSan Franciscos Immigration Courton December 31, 2021, Judge Dana Leigh Marks* had built an inspiring reputation as a leader, mentor, and advocate. Those appointed under Trump had ordered. The courts in Dallas, Houston, Las Vegas and Atlanta also received the designation. It has also been politically charged, as immigration courts fall under the jurisdiction of theUS Department of Justice (DOJ), Executive Office for Immigration Review (EOIR). In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus of immigration judges. I didnt have to scare or browbeat people into my decisions, says Judge Marks. 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 moved with her boys to Oakland, California, to join her husband, and petitioned to have her case moved to San Francisco. 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. The situation in our country is getting worse and worse.. 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. Talking with her former colleaguesmany of whom are now also her friendsis an uplifting experience. Senators Announce GAO Investigation of the Politicization and Mismanagement of Immigration Courts - September 14, 2020; Take Action. 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. 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. They were eventually transferred to the ICE detention center in Artesia. It occurred to me I had a meeting, Ungar says, So I asked, Would you mind if we continued this? They walked to Market Street, where they hopped on the #5 bus to the Federal Courthouse. From 2013-2018, she worked as an immigration attorney. I love the Wild West aspect of it., National Association of Immigration Judges. 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EOIR held a two-day training session last year. 2 Reviews. Two officials in uniforms picked them up. Immigration Judges Across The US Are Staying Home After The Coronavirus Hit Courtrooms. Decisions can be appealed to the Board of Immigration Appeals, an administrative body within the Department of Justice. In May2021, the Ohio chapter of theAmerican Immigration Lawyers Association submitted a group complaint against Riley to the Executive Office for Immigration Review (EOIR), an agency within the Department of Justice that oversees immigration courts. Its just that she forgets things.. Anas assertion that she learned from Gutierrez in detention about gang threats to the parent-teacher association was not persuasive, Couch wrote. Updated 10:55 AM EDT, Wed July 1, 2020 Link Copied! The asylum appeal process is equally politicized, the group says. 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. . Demonstrates unlawful and inappropriate manifestations of bias in the courtroom. 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. EOIR spokeswoman Kathryn Mattingly said the agency does not comment on external analyses of its data. Three percentconcluded with retirement, resignation or termination, and none gave rise to other disciplinary actions like reprimand or suspension. For example, courts ruled in favor of Chinese immigrants 75 percent of the time, the Reuters analysis found. James Roder, the court administrator at the Cleveland Immigration Court, declined to offer a response. The Honorable Merrick B. Garland The Honorable Lisa O. Monaco. Attorney General William P. Barr appointed Jeremy J. Butler as an immigration judge in June 2020. (Previously, appointments were considered promotions for prosecuting attorneys from INS.) This material may not be published, broadcast, rewritten, or redistributed. Many immigrants released on bond before their cases are heard have no idea that where they settle could make the difference between obtaining legal status and deportation. 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. 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. Those on the other side of the complaints the immigration judges also take issues with the EOIR discipline process. Under President Barack Obama, the courts began efforts to hire more immigration judges to reduce the systems burgeoning backlog, which now stands at more than 620,000 cases, nearly 100,000 of them added since last December. Chinese nationals won asylum almost 77% of the time in 2020, followed by people from India (62%), Cameroon (61.6%), and Venezuela (54.3%). She works as an office janitor and is taking English classes. Hon. How do I know this? An immigrant was still four times as likely to be granted asylum by Holyoak in San Francisco as by Couch in Charlotte. How do I know this? Immigration Judge Emily N. Farrar-Crockett began hearing cases at the Falls Church Adjudication Center in October 2018. Instead, they became targets. Her door was always open, says Judge King. Add Photos. Immigration courts in California and the Pacific Northwest fall under the 9th U.S. The question of equality of treatment among judges has gained urgency as the number of cases in immigration court has ballooned to record highs. 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. 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. Were all humans. 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. 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. Laura Ramirez, Immigration Judge, San Francisco, 1997-2018. 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. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. Immigration court doesnt have contempt, so I had to use charm, she says. Emmanuel Olawale, a Westerville-based immigration attorney, said he has faced this dilemma firsthand. She is known for her compassion and fairmindedness. 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. 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. Constanza Hevia H. / Special to The Chronicle 2020 Of course, other factors influence outcomes in immigration court. Couch is the toughest of Charlottes three immigration judges, according to the Reuters analysis. Transparent and . Judge Dalin Holyoak, who heard Gutierrezs case in San Francisco, orders deportation in 43 percent of cases. 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. Men are more likely than women to order deportation, as are judges who have worked as ICE prosecutors. Their nature ranged from alleged due process violations to concerns over in-court conducts, records show. Sandra Gutierrez joined her husband in California, where her case was heard by a San Francisco immigration court judge. 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. There, they applied for asylum. Copyright 2023 Nexstar Media Inc. All rights reserved. I was the first to do the Families with Children Docket, which became known as rocket docket, Judge King recalls. Judge Marks says her biggest success was seeing, H.R. The judge denied her petition and ordered her deported. Couch and Holyoak and their courts. Devin OMalley, a Department of Justice spokesman, challenged the Reuters analysis, citing "numerous conflicting statements, miscalculations, and other data errors," but declined to elaborate further. Treats immigrants, witnesses, and practitioners in an unprofessional and hostile manner. 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. For example, U.S. government policy is more lenient toward people from some countries, less so for others. As a result, credibility is really the key factor. Having legal representation increases the chances of winning an asylum case five-fold, said Melissa M. Lopez, executive director of the El Paso-based nonprofit. She has a law degree from Tulane Law School. New Company Ratings Recent Salaries by Company. Of the Mexicans, 5,196 of the 6,113 who applied were told to go back home. Lack of legal counsel handicaps asylum seekers, but judges also biased against migrants of color, advocates say. A Honduran migrant wears a sanitary mask while waiting in line to plead . H. / Special to the Reuters analysis lenient toward people from some countries less! 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