The administration of President Donald Trump is continuing the effort. 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. Attorney General William P. Barr appointed Jeremy J. Butler as an immigration judge in June 2020. Mexicans and citizens from the Northern Triangle of Central America Honduras, Guatemala and El Salvador were the most likely to be turned down. The Reuters analysis used data from the Executive Office for Immigration Review (EOIR), the U.S. Justice Department unit that oversees immigration courts. Some of those asylum seekers told Border Report recently they hope their chances will improve once Joe Biden takes over the White House. 950 Pennsylvania Avenue, NW 950 Pennsylvania Avenue NW. *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 think about the hundreds of thousands of immigrants across the country who have been wronged by the misconducts of Trump-appointed judges, she said. The kidnappers released her and her two sons near the U.S. border. Talking with her former colleaguesmany of whom are now also her friendsis an uplifting experience. How do I know this? Freedom for Immigrants is a 501(c)(3) non-profit based in California. Its just that she forgets things.. Juans application for cancellation of removal was denied in November 2020. 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. Before: Richard A. Paez and John B. Owens, Circuit Judges, and Morrison C. England, Jr., * Senior District Judge. 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. 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. In 2012, ICE agents arrested Juan at his home and put him in deportation proceedings. Help us advocate for . 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. Romy L. Lerner was appointed as an Immigration Judge to begin hearing cases in May 2022. From 2012 to 2016, EOIR received 624 complaints against judges.The 138 complaints lodged in 2016 alone included allegations of bias, as well as concerns about due process and judges conduct within the courtroom. 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. 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. The situation in our country is getting worse and worse.. The third pointed a gun at Anas head. Judge Halperin is a member of the Utah State Bar. 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). Individually reported data submitted by users of our website Base Salary $65,625 $72,811 Medium $84,735 Highest Paying Cities for Immigration Judge in the United States Immigration Judge salaries in the United States will pay differently by cities. In late 2014, the two women were released on bond. I came here when I was very young. They said they would kill me and my children. Men are more likely than women to order deportation, as are judges who have worked as ICE prosecutors. Circuit Court of Appeals, and they rule in favor of immigrants far more often than courts in the 4th Circuit, which includes North and South Carolina, Maryland and Virginia, Reuters found. But 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. 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. See how your salary compares to other Immigration Judges with Comparably. The San Francisco Immigration Court fast-tracked cases of immigrants who weren't getting their mail. 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. Nationality and filing a case with the right judge played a role in cases were asylum was granted, according to the data. 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 lost. 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. Shuting Chen was appointed as an Immigration Judge to begin hearing cases in October 2022. 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.. Decisions. 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. Combined, the nine judges in Boston decided 3,196 cases over the time period. Demonstrates unlawful and inappropriate manifestations of bias in the courtroom. It also excluded cases in which the immigrant did not appear in court, which nearly always end in a deportation order, and cases terminated without a decision or closed at the request of a prosecutor. 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. One was closed because the judge in question had since retired. 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. 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. 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. 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. The womens lawyers framed their respective cases with some important differences. The question of equality of treatment among judges has gained urgency as the number of cases in immigration court has ballooned to record highs. 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. The journey took three weeks. Ill have to weigh my options and consider how bad it is before I stick my neck out there.. While judges should not be punished for making a good-faith legal decision, using terms like illegals seems to be a clearviolation of professionalism, he said. SAS Output. I opened the first file, and there was a picture of the first respondent, probably less than a year old. 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), . Holyoak was convinced. . Ana missed the deadline to appeal the BIA decision to the 4th U.S. Its an emotionally trying job. The courts in Dallas, Houston, Las Vegas and Atlanta also received the designation. From 2001-2013, Judge Farrar-Crockett was an attorney with the Louisville Metro Public Defender Office. Transparent and . Riley and Owens havedenied 89% and 96% asylum cases they were in charge of, respectively, since their appointment a few years ago. 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. 12/31/2020 4:34:37 PM . . The Charlotte court was singled out for displaying a particular bias against Central American gang and gender-related asylum claims.. Becoming involved with and leading theNational Association of Immigration Judges(NAIJ) was a natural extension of her skills and influence. 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. Immigration Judge Emily N. Farrar-Crockett began hearing cases at the Falls Church Adjudication Center in October 2018. The Federal Bar Association and the National Association of Immigration Judges have endorsed the idea of creating an immigration court system independent of the executive branch. 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. In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus of immigration judges. The clients loved her, says Ungar. But I hope someone can help us.. WASHINGTON An immigration judge in the San Francisco court abruptly quit his post this week, issuing a scathing letter upon his retirement . Gutierrez hid for two months at her friends mothers house outside Tegucigalpa. The courts facedand continue to grapple witha crisis of backlogged cases. Disregards basic legal rules, causing undue prejudice and wasting public resources. The state court had plexiglass barriers, an air. She was our fearless leader in the union, says Judge King, who was Union site representative in San Francisco while Judge Marks was president. Individuals can sign up for a court watch training at bit.ly/courtwatch1. Filed December 16, 2020 . Couch and Holyoak and their courts are not rare outliers, the analysis found. 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. Possible outcomes include asylum; adjustments of status; stay of deportation; and deportation. The first judge I had, he was strict, but he seemed like a very capable judge and I felt really comfortable, Juan said. Charles R. Davis. The judges in San Francisco, where I served, were told we could not schedule any cases in 2022 until our calendars showed that three cases were scheduled every day through the end of 2021. 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. She showed us all how to be fierce advocates for justicefor what is true and right and justwithout crossing over lines, says Judge King. Riley and Owens have. This years 71.6% denial rate excludes those who didnt win asylum but were granted a stay of removal, otherwise itd be even higher. Jeremy J. Butler, Immigration Judge, San Francisco Immigration Court. 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. I saw the denial coming after seeing everything that Judge Riley was doing. 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. Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. Volunteer lawyers helped the women prepare and submit their applications for asylum. By MICA ROSENBERG, READE LEVINSON and RYAN McNEILL. You felt you had a fair shot, says Milli Atkinson, Director of the Immigrant Legal Defense Program at JDC and Legal Director of the SFIL Defense Collaborative, who appeared before her as an attorney. 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. The 43-year-old father of three from Mexico,who asked to remain anonymous for fear of retaliation, had already gone through three hours-long hearings for his application to obtain permanent residency. 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. I didnt have to scare or browbeat people into my decisions, says Judge Marks. 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. This is the phone number you can use to contact the court's clerks or the judges' legal assistants. In July, the BIA granted Ana the right to a rehearing in immigration court, sending her case back to Charlotte, where it could be heard again by Couch. Immigration court doesnt have contempt, so I had to use charm, she says. From 1994 to 1995, he served as a staff attorney with the New Mexico Court of Appeals. Judge Stuart Couch, who heard Anas case in Charlotte, orders immigrants deported 89 percent of the time, according to a Reuters analysis of more than 370,000 cases heard in all 58 U.S. immigration courts over the past 10 years. 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. 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; . 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. McFarland residents vow to keep organizing after court lets GEO expand immigration detention, look to incoming administration for support, After about 5 minutes of struggle, they forced my index finger on the paper: ICE Forcing More Asylum Seekers to Sign Deportation Paperwork as Another Deportation Flight to Cameroon Looms. San Francisco immigration judge begs officials to close her courtroom over coronavirus. 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. The courts facedand continue to grapple witha crisis of backlogged cases. Also, immigration judges are bound by precedents established in the federal appeals court that covers their location. She is known for her compassion and fairmindedness. The Executive Office for Immigration Review had 2,383 employees in 2015 with an average pay (base salary + bonus) of $118,095.97. They speak of a woman who broke through barriers, applied the law fairly and compassionately, fought hard fights, and inspired others to join her. 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. Of course, other factors influence outcomes in immigration court. John W. Richardson, Immigration Judge, Phoenix, 1990-2018. . The longer a judge has been serving, the more likely that judge is to grant asylum. Immigration courts in California and the Pacific Northwest fall under the 9th U.S. Earlier this month, the Justice Department announced 28 new immigration judges, bringing the number of such judges to more than 465, a record high. Coincidence or not, denial rates have shot up more than 30% since Donald Trump became president. Shes funny and insightful, she says. Juangrew up in Guadalajara, Mexico, where his family had few resources and he often had to go to school on an empty stomach, he said. She was so good to him. This was something Judge Marks had learned from her experience with her own clients. As the sole breadwinner in his family, he said his wife and kids would suffer emotionally and financially if he were deported. As a result, credibility is really the key factor. She was our fearless leader in the union, says Judge King, who was Union site representative in San Francisco while Judge Marks was president. I have nothing in Mexico. She first interviewed Judge Marks, then-president of NAIJ, forUnderstanding the Crisis in Our Immigration Courts(Spring 2015). Lack of legal counsel handicaps asylum seekers, but judges also biased against migrants of color, advocates say. 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., Kathleen Guthrie Woods is a long-time contributor to, San Francisco Attorneymagazine. I began to panic and shake, she said. 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 San Francisco immigration court doesn't have the kind of COVID-19 supplies that he saw in a Wisconsin courthouse in October 2020. The asylum appeal process is equally politicized, the group says. Further, Knox said, asylum seekers arent thinking about the finer points of U.S. asylum law when they are fleeing persecution. The definition of a particular social group has been subject to conflicting interpretations in the courts, but in general, such a group comprises people who share basic beliefs or traits that cant or shouldnt have to be changed. 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. Within each court, cases are assigned to judges on a random, rotational basis. The word Reviews; Business Tech; Finance; Markets; . That experience, the Reuters analysis found, makes them 23 percent more likely to order deportation. She remains active today as president emerita. The average salary for an Immigration Judge is $72,811 per Year in the United States. She has a law degree from Tulane Law School. Judge Olivia Cassin in New York City allows immigrants to remain in the country in 93 percent of cases she hears. The Reuters analysis also found that an immigration judges particular characteristics and situation can affect outcomes. Groups like the Southern Poverty Law Center allege the Attorney Generals Office has weaponized the nations asylum courts against immigrants of color. Judge Marks says her biggest success was seeing, H.R. 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. Some of the supervisors discuss the complaint with the judge immediatelyand others dont. 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. They had early success, he said, when they persuaded police to provide officers to guard the school. 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.. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Antiterrorism and Effective Death Penalty Act (AEDPA). 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. ; On June 24, 2020 we collaborated with NLG-Los Angeles, National Immigration Project of the NLG, and the NLG National Office to provide a CLE on 'Fighting for the Release of Detained . And whether the individual fleeing gang violence in San Pedro Sula or official oppression in Venezuela had legal representation also made a big difference in the outcome of his or her case, according to research from the Transactional Records Access Clearinghouse at Syracuse University. Laura Ramirez, Immigration Judge, San Francisco, 1997-2018. Couch is the toughest of Charlottes three immigration judges, according to the Reuters analysis. Treats immigrants, witnesses, and practitioners in an unprofessional and hostile manner. 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 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. Judges are not always made aware of the existence of a complaint in a timely fashion, and there is no transparency or consistency when it comes to sanctions imposed in a particular case, according to Dana Marks, president emerita at the National Association of Immigration Judges who spent 35 years on the bench in San Francisco, California, before retiring in December. You really get those Perry Mason moments in immigration court. Do you know the people? Theres just a real lack of systematic accountability.. Couch wrote in his opinion that Anas difficulty recounting the names of the women on the association board weighed against her credibility. 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. I was the first to do the Families with Children Docket, which became known as rocket docket, Judge King recalls. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. They were eventually transferred to the ICE detention center in Artesia. Central Americans are among the least successful at gaining asylum from U.S. immigration court judges, a Reuters analysis found. 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. 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. EOIR held a two-day training session last year. She was always kind and patient with people who came before her. 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 (. She made it more proactive, trying to affect the law. Appearing in IJ Fords courtroom was a reminder that immigration courts are arenas ripe for traumatization and dehumanization, especially in the context of xenophobic administrations. 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. Judge Marks faced daunting challenges during her tenure. May 19, 2021. After graduating law school at age 23, Judge Marks went into private practice at Simmons & Ungar. 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. I thought, I have to go now. If someones a pretty virgin, is that a good reason for them to rape her in any context? Olawale said. Alumni Relations. How do I know this? In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus of immigration judges. Im trying to figure out if youre telling the truth., I felt really bad when I heard the judge call us 'illegals,' Juan, a resident on Columbus' Southwest Side, said in Spanish through an interpreter. , H.R panic and shake, she said fall under the 9th.... Have shot up more than 30 % since Donald Trump became President course, other factors influence outcomes immigration... Immigration judges denied 85.4 % of asylum claims displaying a particular bias against American... 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