She deeply cared about due process, says Ugarte. Of the 28 immigration judges Sessions has appointed so far, 16 are former ICE prosecutors. Posted November 10th, 2015. Mattingly, the EOIR spokeswoman, said the agency held training sessions for judges to address the disparities in 2008 and 2009. Oh, my goodness, says Donald Ungar, now retired, as he thinks back to his first impressions. New Company Ratings Recent Salaries by Company. Sandra Gutierrez joined her husband in California, where her case was heard by a San Francisco immigration court judge. The courts facedand continue to grapple witha crisis of backlogged cases. Some of the supervisors discuss the complaint with the judge immediatelyand others dont. Shuting Chen, Immigration Judge, San Francisco Immigration Court . Because there is no TurboTax for immigration law.. In a 2016 report, the GAO found that little had changed. Because there were no police here, (the gangs) did what they wanted," he said. I vowed to be my authentic sense of self. Retired Immigration Judge Polly Webber, saw an aspirational role model. We bought a bus pass to go to Guatemala and from Guatemala to Mexico and to the U.S.-Mexico border, according to her court testimony. All of the new immigration judges discussed in this post were selected by former Acting Attorney General Matthew Whitaker. Weeks apart, in the spring of 2014, each of the women was confronted by armed gang members who vowed to kill them and their children if they didnt meet the thugs demands. The Charlotte court was singled out for displaying a particular bias against Central American gang and gender-related asylum claims.. Couch and Holyoak and their courts. She is known for her compassion and fairmindedness. 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. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. Theres just a real lack of systematic accountability.. Cases are assigned to an immigration court based on where the immigrant lives. Reviews Deals 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. Please consider making a tax-deductible donation athttps://bit.ly/3fNsGaZ. The head of the son was placed on the body of the mother and the head of the mother was placed on the body of the son. But we have to address these bad judges.. EOIR held a two-day training session last year. ). 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. 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. She first interviewed Judge Marks, then-president of NAIJ, forUnderstanding the Crisis in Our Immigration Courts(Spring 2015). As a result, credibility is really the key factor. Were all humans. From 1994 to 1995, he served as a staff attorney with the New Mexico Court of Appeals. The case was transferred to a new judge who sentenced Puente to time . The courts in Dallas, Houston, Las Vegas and Atlanta also received the designation. The womens lawyers framed their respective cases with some important differences. It feels like the judge has no compassion for us and doesnt like Latinos.. But I hope someone can help us.. 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. The courts handle cases to determine whether an individual should be deported. Sixty-one percent of all complaints closed in the fiscal year 2020 ended up being dismissed. Immigration judges, appointed by the U.S. attorney general, are not authorized to speak on the record about cases. 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. 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. The rules of evidence are [only] a guide, theres no pretrial discovery, she says. 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.. The longer a judge has been serving, the more likely that judge is to grant asylum. ), In a wish list of immigration proposals sent to Congress on Oct. 8, the White House said that lax legal standards had led to the immigration court backlog and that misguided judicial decisions have prevented the removal of numerous criminal aliens, while also rendering those aliens eligible to apply for asylum. Among the proposals offered in exchange for a deal with Congress on the roughly 800,000 dreamers children brought to the country illegally by their parents the Trump administration said it wanted to hire even more immigration judges and 1,000 ICE attorneys, while establishing performance metrics for Immigration Judges.. Im not judging whether you employed illegals. In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus of immigration judges. 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. 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. 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. My client was seriously mentally ill, there were a lot of complexities in his case. Judges fail to apply binding legal standards, make decisions based on illegally invented rules, engage in abusive treatment of noncitizens and their counsel and even decide cases before holding hearings.. 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.. Variations among judges and courts are broad. 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. (Previously, appointments were considered promotions for prosecuting attorneys from INS.) She made it more proactive, trying to affect the law. However, the women said their reasons for seeking asylum were the same: Gangs had targeted them because of their involvement in the parent-teacher association, and for that, they and their families had been threatened. This, as federal immigration judges decided the second-highest number of asylum petitions on record despite partial court shutdowns due to the COVID-19 pandemic. 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. Laura Ramirez, Immigration Judge, San Francisco, 1997-2018. The evidence indicates this is a case of criminal extortion that the respondent attempts to fashion into an imputed political opinion claim., Gutierrez said Ana told her in one of their occasional phone conversations that she felt intimidated by the intense questioning of the ICE attorney. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. Also, immigration judges are bound by precedents established in the federal appeals court that covers their location. Judge Butler earned a Bachelor of Arts in 2003 from Cornell College and a Juris . The clients loved her, says Ungar. ICE has not released their estimate of how many cases would be cleared under this plan. But multiple attorneys familiar with the matter said no one received clear information from EOIR on the investigation outcome, as is often the case with these complaints. From 2013-2018, she worked as an immigration attorney. Those on the other side of the complaints the immigration judges also take issues with the EOIR discipline process. 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 word Reviews; Business Tech; Finance; Markets; . Filing a complaint against the judge is something on the table, Olawale said. She was always kind and patient with people who came before her. Judge Olivia Cassin in New York City allows immigrants to remain in the country in 93 percent of cases she hears. But it wont really change anything in my clients case. I thought, I have to go now. The Reuters analysis also found that an immigration judges particular characteristics and situation can affect outcomes. Its not that she is lying. 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. Attorney General William P. Barr appointed Jeremy J. Butler as an immigration judge in June 2020. 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. 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 information is gathered by experienced and trusted Nexstar Media Group journalists hired specifically to cover the border. We had to jump over a wall, and I hurt my foot doing so, she said in an affidavit. From 2001-2013, Judge Farrar-Crockett was an attorney with the Louisville Metro Public Defender Office. Some of those asylum seekers told Border Report recently they hope their chances will improve once Joe Biden takes over the White House. Knight Institute Calls on DOJ's Exe cutive Office for Immigration Review to Suspend Policy Silencing Immigration Judges, (Jan. 6, 2020), https: . I vowed to be my authentic sense of self. Retired Immigration Judge Polly Webber, saw an aspirational role model. Montenegro declined to provide additional details about the case. 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). Do you know the people? From 2000 to 2008, she served as a staff attorney for ASK Law Group, in Sherman Oaks, California. 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. Two of them grabbed Ana and her daughter, pinned their wrists behind their backs, and pointed a gun at the childs head. 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. The Trump administration filled the openings and expanded the size of the bench,appointing 10 judges who currently make up the court. Combined, the nine judges in Boston decided 3,196 cases over the time period. Charles R. Davis. More than 300 judges are spread among 58 U.S. immigration courts in 27 states, Puerto Rico and the Northern Mariana Islands. She lost. . 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. Hon. Anas response to Couchs extensive questioning played a part in the decision. Earlier this month, the Justice Department announced 28 new immigration judges, bringing the number of such judges to more than 465, a record high. 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. We discussed cases together. In addition to helping her colleagues with the analysis of cases, Judge Marks was available for emotional support. Gutierrez also said her friend is very forgetful. The court used to have only three judges, all of whom have since left their posts. Three percentconcluded with retirement, resignation or termination, and none gave rise to other disciplinary actions like reprimand or suspension. Anas assertion that she learned from Gutierrez in detention about gang threats to the parent-teacher association was not persuasive, Couch wrote. They were elected in 2013 to the board of the parent-teacher association at their children's school in the Honduran capital, Tegucigalpa. 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. Cynthia M. Nunez, Immigration Judge, San Francisco Immigration Court Cynthia M. Nunez was appointed as an Immigration Judge to begin hearing cases in May 2022. She showed us all how to be fierce advocates for justicefor what is true and right and justwithout crossing over lines, says Judge King. These are life or death matters. Robert S. Hough had the highest denial rate (92.2%), according to TRAC. Washington, DC 20530-0001 Washington, DC 20530-0001. With these new judges and along with significant court policy changes, the asylum denial rate increased from 54.6% in fiscal year 2016 to 71.6% in fiscal year 2020. Two of them were dismissed. 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. 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. He is especially unsuited to hear cases involving survivors of torture applying for asylum and other forms of immigration relief. 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. Their respective cases with some important differences the supervisors discuss the complaint with the analysis of cases, judge was. 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