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. Oh, my goodness, says Donald Ungar, now retired, as he thinks back to his first impressions. The majority come from government. 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. The question of equality of treatment among judges has gained urgency as the number of cases in immigration court has ballooned to record highs. The older one, once threatened by gangs in Honduras, likes studying history and math and is learning to play the cello. According to TRAC, denial rates were at 54.6% in fiscal year 2016 (the last full year of Barack Obamas presidency). Gutierrez said that was when she first learned that her fellow parent-teacher association board member had been threatened and had fled from home. She made it more proactive, trying to affect the law. 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. New Company Ratings Recent Salaries by Company. She explains things well. They were elected in 2013 to the board of the parent-teacher association at their children's school in the Honduran capital, Tegucigalpa. Judge Marks, in keeping with her upbeat character, reflects on the pluses of her role. Many of the migrants, including Gutierrez and Ana, convinced initial interviewers that they had a credible fear of returning home, the first step in filing an asylum claim. Central Americans are among the least successful at gaining asylum from U.S. immigration court judges, a Reuters analysis found. Hon. The schools principal, who asked that he and the school not be identified out of fear of retaliation, worked with the board. Riley stopped hearing cases for a few weeks in July and August, but returned shortly after, according to hearing schedules shared with the Dispatch. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. 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. Phone number. The year before, according to police records in Honduras, gang members killed a school security guard. Juans application for cancellation of removal was denied in November 2020. Hesaid he was nervous and exhausted when he stepped into the court on Oct.16, 2020, for his fourth hearing. Becoming involved with and leading theNational Association of Immigration Judges(NAIJ) was a natural extension of her skills and influence. Juan expected from experience that he wouldonce againface a series of aggressive questionsfrom Judge Teresa Riley, whose intimidating style almost made him give up on his case altogether, he said. She explains things well. I thought, I have to go now. She is known for her fierce advocacy for the court. Transparent and . I burst into tears and ran into Danas office for support. They hoped that mothers working together could oust the violent gangs that plagued the campus. 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. Filing a complaint against the judge is something on the table, Olawale said. 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. 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. 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. She deeply cared about due process, says Ugarte. Complaint process is flawed, advocates say, Judges concerned about discipline procedures, too, Personnel changes at Ohio's immigration court, Ohio chapter of theAmerican Immigration Lawyers Association, Your California Privacy Rights/Privacy Policy. Argued and Submitted November 20, 2020 . 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. 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. We were the brave ones. The state court had plexiglass barriers, an air. They said they would kill me and my children. I vowed to be my authentic sense of self. Retired Immigration Judge Polly Webber, saw an aspirational role model. EOIR spokeswoman Kathryn Mattingly said the agency does not comment on external analyses of its data. This years 71.6% denial rate excludes those who didnt win asylum but were granted a stay of removal, otherwise itd be even higher. 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. 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. 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.". 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. 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. 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. The courts handle cases to determine whether an individual should be deported. Add Photos. 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 (. They were eventually transferred to the ICE detention center in Artesia. But the patrols left after a few weeks, probably intimidated by the gangs. No one isanillegal in this country. How do I know this? Legal Aid at Work. They landed near Hidalgo, Texas. From there, cases can be appealed to federal appeals court. 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. Scott Bratton, president of AILA-Ohio, did not wish to comment on the complaint. Because there is no TurboTax for immigration law., The firm made a wise choice. In New York City, 24 percent do. The clients loved her, says Ungar. 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. San Antonio-New Braunfels-Pearsall, TX $134,402 $144,678 $155,071 $165,580 $176,089 $183,300* $183,300* $183,300* San Diego-Carlsbad, CA $149,365 $160,785 $172,335 $183,300* $183,300* $183,300* $183,300* $183,300* . 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. Riley and Owens havedenied 89% and 96% asylum cases they were in charge of, respectively, since their appointment a few years ago. They speak of a woman who broke through barriers, applied the law fairly and compassionately, fought hard fights, and inspired others to join her. Immigration courts in California and the Pacific Northwest fall under the 9th U.S. 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.. Instead of submitting a complaint against Owen, however, the immigration attorney opted to voice his concerns in an appeal, which is currently pending. Theres just a real lack of systematic accountability.. There are still good judges out there. Individuals and organizations are encouraged to sign on to a public letter (bit.ly/removeford or bit.ly/fueraford) making the same request of EOIR and the DOJ. 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. The top ten percent of employees in the Executive Office for . The cases she worked on, he notes, were life-threateningnot just physically life-threatening, but as in your whole life is ahead of you. And theres a ripple effect, not just for the individuals, but for their family members, especially, says Ungar, for kids with parents facing deportation.. The courts facedand continue to grapple witha crisis of backlogged cases. 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. . Ana missed the deadline to appeal the BIA decision to the 4th U.S. Now, they were extorting teachers, selling drugs openly and assaulting or killing anyone who confronted them. The kidnappers released her and her two sons near the U.S. border. 6577, Real Courts, Rule of Law Act of 2022, and passed by the House Judiciary Committee in May of this year. We had to jump over a wall, and I hurt my foot doing so, she said in an affidavit. Ill have to weigh my options and consider how bad it is before I stick my neck out there.. 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. Were all humans. She is known for her compassion and fairmindedness. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. Volunteer lawyers helped the women prepare and submit their applications for asylum. Mattingly, the EOIR spokeswoman, said the agency held training sessions for judges to address the disparities in 2008 and 2009. Ana declined to be interviewed for this article. Knowing that providing legal advice to asylum seekers can make a difference, one El Paso nonprofit applied for and got two private grants to provide these services. Anas response to Couchs extensive questioning played a part in the decision. 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. 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. 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), . And three judges in San Francisco said yes to more than 90% of asylum seekers who came to their courts in 2020. 2 Reviews. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. 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; . About the Immigration Judge. Sep 2013 - Dec 20141 year 4 months. 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 average annual salary for Immigration Judges in the US is $121,299. "EOIR takes all complaints seriously, investigates all colorable complaints, and takes corrective action when appropriate, Montenegro said in an email statement. On December 18, 2020, the EOIR announced the investiture of an additional 14 immigration judges. Those on the other side of the complaints the immigration judges also take issues with the EOIR discipline process. 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. Couch is the toughest of Charlottes three immigration judges, according to the Reuters analysis. Hon. 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. It feels like the judge has no compassion for us and doesnt like Latinos.. People show up in our office (and) they have no idea why someone wants to kill them. 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 was always kind and patient with people who came before her. 2020-03-20T04:49:42Z There is no training on the 2017 calendar. 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. San Francisco immigration judge begs officials to close her courtroom over coronavirus. 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. But it wont really change anything in my clients case. The Government Accountability Office studied some proposals for reform in 2017, without endorsing any particular model. Sandra Gutierrez joined her husband in California, where her case was heard by a San Francisco immigration court judge. 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. She helped start that trajectory, says Shugall. From 2001-2013, Judge Farrar-Crockett was an attorney with the Louisville Metro Public Defender Office. Judge Halperin is a member of the Utah State Bar. Judge. Gutierrez moved with her boys to Oakland, California, to join her husband, and petitioned to have her case moved to San Francisco. Immigration Judge Emily N. Farrar-Crockett began hearing cases at the Falls Church Adjudication Center in October 2018. 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. 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.. I came here when I was very young. 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 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. Some of those asylum seekers told Border Report recently they hope their chances will improve once Joe Biden takes over the White House. She and her lawyers declined to share more detailed information about her situation because she remains fearful of the gangs in Honduras. Reviews Deals Because there is no TurboTax for immigration law.. From 1994 to 1995, he served as a staff attorney with the New Mexico Court of Appeals. 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). 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. I will believe things when they happen, if they happen, one Cuban migrant whos been living in Juarez said last week. 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. . 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. When she started, she was one of few women. I want to stay because of my kids, said Juan, who recently bought a new house for his family. Her boys are in school. A few years ago, when his case was reassigned to Riley, Juan heard from friends that the new judge was unusually harsh. She showed us all how to be fierce advocates for justicefor what is true and right and justwithout crossing over lines, says Judge King. Freedom for Immigrants is a 501(c)(3) non-profit based in California. Individuals can sign up for a court watch training at bit.ly/courtwatch1. 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 Transactional Records Access Clearinghouse, a research organization at Syracuse University in New York, first sounded the alarmabout disparities in immigration court decisions in 2006. Michael Short / Special to The Chronicle 2019. She lost. The agency does not identify judges who were the subjects of complaints. Juan is not alone in his grievances. She quickly packed some backpacks for her and her children and called the only friend she knew who had a car. I was the first to do the Families with Children Docket, which became known as rocket docket, Judge King recalls. The mission of BorderReport.com is to provide real-time delivery of the untold local stories about people living, working and migrating along the U.S. border with Mexico. Its not that she is lying. Of the Mexicans, 5,196 of the 6,113 who applied were told to go back home. Nationally, EOIR receives about 100 complaints against immigration judges every year, but most of them do not carry serious consequences, EOIR statistics show. Kathleen Guthrie Woods is a long-time contributor toSan Francisco Attorneymagazine. As has been true in earlier years, having representation greatly increases the odds of winning asylum or other relief, TRACs Oct. 28 report says. James Roder, the court administrator at the Cleveland Immigration Court, declined to offer a response. The Reuters analysis also found that an immigration judges particular characteristics and situation can affect outcomes. Immigration attorneys and their clients are not the only ones who said they are distrustful of the judicial complaint process. Now they had come to deliver a message to Gutierrez. Judge Olivia Cassin in New York City allows immigrants to remain in the country in 93 percent of cases she hears. The rules of evidence are [only] a guide, theres no pretrial discovery, she says. 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. I got in that moment what that was going to be. More than 300 judges are spread among 58 U.S. immigration courts in 27 states, Puerto Rico and the Northern Mariana Islands. Groups like the Southern Poverty Law Center allege the Attorney Generals Office has weaponized the nations asylum courts against immigrants of color. EOIR held a two-day training session last year. From 2015 to 2022, she was the Associate She was always there for me, emotionally and intellectually.. The case is currently in the appeal process. 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. 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. 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. 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). 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. May 19, 2021. Reuters Investigates offers several ways to securely contact our reporters, Before, no one wanted to say anything about the gangs, Gutierrez said. Lt. Jonathan Scott Simpson '95 has been appointed Immigration Judge, San Francisco Immigration Court, by the Executive Office for Immigration Review. The court used to have only three judges, all of whom have since left their posts. But we have to address these bad judges.. 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