(Neither Holyoak nor Couch worked as an ICE prosecutor, according to their EOIR biographies. There is no training on the 2017 calendar. In 2012, ICE agents arrested Juan at his home and put him in deportation proceedings. Those appointed under Trump had ordered. Hondurans enjoy no special considerations. 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. She and her lawyers declined to share more detailed information about her situation because she remains fearful of the gangs in Honduras. They have more understanding of trauma survivors and the difficulty they might have in recounting certain details and little discrepancies, she said. 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. Denial Rate. Judge Halperin is a member of the Utah State Bar. This time, her lawyer included arguments about her membership in a particular social group. From there, cases can be appealed to federal appeals court. 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. Shes the GOAT of immigration judges! declares Francisco Ugarte, Manager of the Immigration Defense Unit of San Franciscos Public Defenders Office. Now they had come to deliver a message to Gutierrez. (Previously, appointments were considered promotions for prosecuting attorneys from INS.) Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. 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. 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. The analysis excluded immigrants who were in detention when their cases were heard because such cases are handleddifferently. She arrived at the Artesia detention center just weeks after Gutierrez. I love the Wild West aspect of it.. Possible outcomes include asylum; adjustments of status; stay of deportation; and deportation. 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. Click here for the news release. 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. The average salary for an Immigration Judge is $72,811 per Year in the United States. Litigating before the US Supreme Courtand winningmight be the pinnacle of many legal careers, but Judge Marks was not one to sit on her laurels. From 2001-2013, Judge Farrar-Crockett was an attorney with the Louisville Metro Public Defender Office. 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. Phone number. She works as an office janitor and is taking English classes. Argued and Submitted November 20, 2020 . She joined another woman and, with their children, they set out to cross Mexico. 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. 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. 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. Laura Ramirez, Immigration Judge, San Francisco, 1997-2018. She is known for her compassion and fairmindedness. 2018 or 2020, and 5% or . But it wont really change anything in my clients case. Montenegro declined to provide additional details about the case. 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.". Romy L. Lerner was appointed as an Immigration Judge to begin hearing cases in May 2022. 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 Reuters analysis also found that an immigration judges particular characteristics and situation can affect outcomes. The clients loved her, says Ungar. I want to stay because of my kids, said Juan, who recently bought a new house for his family. The Biden administration could move to unwind that decision. 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.. To give spirit to the letter of this budget . James Roder, the court administrator at the Cleveland Immigration Court, declined to offer a response. 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.. 950 Pennsylvania Avenue, NW 950 Pennsylvania Avenue NW. After walking for an hour and a half, lost and desperate, Gutierrez and her sons sat down in the middle of a dirt road and waited for someone to pass. 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. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. When he turned 16, he left his hometown and crossed the border by himself in search for a better life, settling in Columbus. Rate This Judge / Califica a Este Juez. She was always kind and patient with people who came before her. 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. Four judges in Atlanta turned down 98 out of 100 asylum claims presented to them; nine judges in Houston said no 95% of the time. She was so good to him. This was something Judge Marks had learned from her experience with her own clients. All of the new immigration judges discussed in this post were selected by former Acting Attorney General Matthew Whitaker. Jamil adds Judge Markss tireless work for the union and giving a professional, female voice to immigration judges to her list of accomplishments. 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. Instead, they became targets. The other 27 immigration judges will serve across the country on 19 immigration courts. 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. Becoming involved with and leading theNational Association of Immigration Judges(NAIJ) was a natural extension of her skills and influence. EOIR spokeswoman Kathryn Mattingly said the agency does not comment on external analyses of its data. Her older boy recognized the three armed and heavily tattooed young men on the stoop as the same ones who had thrown him to the ground earlier that day, telling him, not for the first time, that they wanted him to join their ranks. 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. That statement is misogynistic and very shocking to me.. 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. Were more productive if theyre comfortable, she says. 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 firm made a wise choice. I opened the first file, and there was a picture of the first respondent, probably less than a year old. By clearing low-priority cases, the American Immigration Lawyers Association estimates this would include at least 700,000 low-priority cases, equaling about 40 percent of the backlog. Some of those asylum seekers told Border Report recently they hope their chances will improve once Joe Biden takes over the White House. I have nothing in Mexico. 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. Hesaid he was nervous and exhausted when he stepped into the court on Oct.16, 2020, for his fourth hearing. 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. Close to half the complaints were dismissed. 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. Immigration Court. The top ten percent of employees in the Executive Office for . This is the phone number you can use to contact the court's clerks or the judges' legal assistants. Gutierrez also said her friend is very forgetful. The murders, like more than 93 percent of crimes in Honduras, remain unsolved. Last February, a 50-year-old woman and her 29-year-old son who were selling food at the school Gutierrez and Anas children attended were kidnapped from their home and decapitated, according to police records. She made it more proactive, trying to affect the law. She can look back with satisfaction at the mass of people whose lives she helped, says Ungar. Ill have to weigh my options and consider how bad it is before I stick my neck out there.. 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. 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. *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). 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 number of immigration judges Biden appoints will also affect the immigration court backlog, currently at 1.3 million cases. Demonstrates unlawful and inappropriate manifestations of bias in the courtroom. Earlier this month, the Justice Department announced 28 new immigration judges, bringing the number of such judges to more than 465, a record high. As has been true in earlier years, having representation greatly increases the odds of winning asylum or other relief, TRACs Oct. 28 report says. . Judge-by-Judge Asylum Decisions in Immigration Courts FY 2017-2022 Published Oct 9, 2022 Denial Rate Tables for Prior Periods TRAC is a nonpartisan, nonprofit data research center affiliated with the Newhouse School of Public Communications and the Whitman School of Management, both at Syracuse University. The Transactional Records Access Clearinghouse, a research organization at Syracuse University in New York, first sounded the alarmabout disparities in immigration court decisions in 2006. 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. In late 2014, the two women were released on bond. 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. Juans case was initially assigned to Judge Thomas Janas, an immigration judge in Cleveland who has since retired. . 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. 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. On the journey, they were kidnapped common for Central American migrants and held for a $3,500 ransom. Chinese nationals won asylum almost 77% of the time in 2020, followed by people from India (62%), Cameroon (61.6%), and Venezuela (54.3%). They said, Were going to kill themembers of the parent-teacher association to get them out of here. So the women fled.. Judge Marks faced daunting challenges during her tenure. 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. 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. 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. Shuting Chen, Immigration Judge, San Francisco Immigration Court . Knight Institute Calls on DOJ's Exe cutive Office for Immigration Review to Suspend Policy Silencing Immigration Judges, (Jan. 6, 2020), https: . 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. From 2013-2018, she worked as an immigration attorney. 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. 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. Its just that she forgets things.. The Reuters analysis used data from the Executive Office for Immigration Review (EOIR), the U.S. Justice Department unit that oversees immigration courts. Its an emotionally trying job. Sandra Gutierrez joined her husband in California, where her case was heard by a San Francisco immigration court judge. Do you know the people? Circuit Court of Appeals because her lawyer confused the deadline. More Reuters investigations and long-form narratives, Got a confidential news tip? 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. 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. 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. Further, Knox said, asylum seekers arent thinking about the finer points of U.S. asylum law when they are fleeing persecution. Theres also an imbalance of power in the courtroom and the fear of retaliation. 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. They speak of a woman who broke through barriers, applied the law fairly and compassionately, fought hard fights, and inspired others to join her. 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. 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 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. With Riley, it felt like she just wanted me out. 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). 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. 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. As a result, credibility is really the key factor. Even so, the Reuters analysis determined that after controlling for such factors, who hears a case and where it is heard remain reliable predictors of how a case will be decided. Hon. 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 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Antiterrorism and Effective Death Penalty Act (AEDPA). Robert S. Hough had the highest denial rate (92.2%), according to TRAC. [ 72 FR 53677 , Sept. 20, 2007, as amended at 79 FR 39956 , July 11, 2014; 85 FR 81655 , 81750, Dec. 16, 2020] He jokes he decided to hire her the minute she insisted on paying her own fare. Attorney General of the United States Deputy Attorney General of the United States. SAN FRANCISCO Rebecca Jamil was sitting in a nondescript hotel ballroom in suburban Virginia when she realized that her dream job being an immigration judge was no longer tenable. It feels like the judge has no compassion for us and doesnt like Latinos.. Sometimes after a court date, I would be so down that I would just say, Forget it, I should just leave.". 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. Nationality and filing a case with the right judge played a role in cases were asylum was granted, according to the data. The majority come from government. They were allowed to stay in the United States in just 16 percent of cases, the Reuters analysis found. 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. This years 71.6% denial rate excludes those who didnt win asylum but were granted a stay of removal, otherwise itd be even higher. I came here when I was very young. 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. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. They said they would kill me and my children. Additionally, the coalition is calling on the community to help hold San Francisco Immigration Court accountable. Who is Judge Marks, and how did she positively influence and impact so many lives? The courts handle cases to determine whether an individual should be deported. 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. Reuters Investigates offers several ways to securely contact our reporters, Before, no one wanted to say anything about the gangs, Gutierrez said. 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. 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. Immigration attorneys and their clients are not the only ones who said they are distrustful of the judicial complaint process. The third pointed a gun at Anas head. I am not going to risk my childs life. . 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. Lisa Knox, the lawyer who represented Gutierrez, said judges where she practices tend to give applicants the benefit of the doubt. He was invested on November 6 and will begin hearing cases this month. Gutierrez hid for two months at her friends mothers house outside Tegucigalpa. Cases that claim opposition to gangs as a protected political opinion, the center says, have generated fewer precedent-setting decisions, making that argument a more difficult one to win in court, though it has prevailed in some cases. Transparent and . 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. The Government Accountability Office studied some proposals for reform in 2017, without endorsing any particular model. , had serious impacts on asylum cases and the parameters of the courts. 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. She showed us all how to be fierce advocates for justicefor what is true and right and justwithout crossing over lines, says Judge King. It was June 11, 2018, and then-attorney general Jeff Sessions, her boss . The judge denied her petition and ordered her deported. The courts facedand continue to grapple witha crisis of backlogged cases. He is especially unsuited to hear cases involving survivors of torture applying for asylum and other forms of immigration relief. SAN FRANCISCO (BCN) It did not take U.S. Immigration Judge Nicholas Ford long to stir up controversy in San Francisco. They had early success, he said, when they persuaded police to provide officers to guard the school. Alumni Relations. Now, they were extorting teachers, selling drugs openly and assaulting or killing anyone who confronted them. Ugarte says he felt elated when he learned he would appear before her, not because all cases were granted, but because you felt heard., Judge Markss generosity extended to her colleagues on the bench. You really get those Perry Mason moments in immigration court. Immigration Judge Emily N. Farrar-Crockett began hearing cases at the Falls Church Adjudication Center in October 2018. The lawyers also argued that she was part of another particular social group as the family member of someone under threat, since the gangs had terrorized her son in trying to recruit him. . 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.. A Honduran migrant wears a sanitary mask while waiting in line to plead . This material may not be published, broadcast, rewritten, or redistributed. Please consider making a tax-deductible donation athttps://bit.ly/3fNsGaZ. 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. 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. The question of equality of treatment among judges has gained urgency as the number of cases in immigration court has ballooned to record highs. Denied 85.4 % of asylum claims in fiscal year 2020 Unit of San Franciscos Defenders., an immigration Judge Emily N. Farrar-Crockett began hearing cases at the Cleveland immigration court backlog, currently at million. 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