Judge Marks faced daunting challenges during her tenure. She remains active today as president emerita. She showed us all how to be fierce advocates for justicefor what is true and right and justwithout crossing over lines, says Judge King. On Thursday, a coalition of 17 legal services and immigration. 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. 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. It was a magic zone, says Ugarte, in part because when she made a decision, she bridged the gap in a politically charged environment. 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. Its an emotionally trying job. Are they also Mexicans? Riley said, as shown incourt transcripts cited in a complaint filed later. The year before, according to police records in Honduras, gang members killed a school security guard. 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. From 2001-2013, Judge Farrar-Crockett was an attorney with the Louisville Metro Public Defender Office. The count of deportations included cases in which judges allowed immigrants to leave the country voluntarily. The case was transferred to a new judge who sentenced Puente to time . In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus of immigration judges. Legal Aid at Work. Robert S. Hough had the highest denial rate (92.2%), according to TRAC. 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. ; 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 . But theyre not holding their breath. From 2015 to 2022, she was the Associate In a 2016 report, the GAO found that little had changed. Do you know the people? 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.. She joined another woman and, with their children, they set out to cross Mexico. Instead, they became targets. 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 Government Accountability Office studied some proposals for reform in 2017, without endorsing any particular model. He is especially unsuited to hear cases involving survivors of torture applying for asylum and other forms of immigration relief. I was the first to do the Families with Children Docket, which became known as rocket docket, Judge King recalls. From 1994 to 1995, he served as a staff attorney with the New Mexico Court of Appeals. 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. 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. The new lawyers argued that her previous representation had been ineffective. Washington, DC 20530-0001 Washington, DC 20530-0001. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. Sep 2013 - Dec 20141 year 4 months. 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. Shuting Chen was appointed as an Immigration Judge to begin hearing cases in October 2022. Her door was always open, says Judge King. Judge Halperin is a member of the Utah State Bar. 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. 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. Immigration Court. In the 1980s, AILA (American Immigration Lawyers Association) was very stodgy, a reactive organization, Judge Webber says. U.S. immigration courts are administrative courts within the Department of Justices Executive Office for Immigration Review. See how your salary compares to other Immigration Judges with Comparably. 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. Nationality and filing a case with the right judge played a role in cases were asylum was granted, according to the data. The first judge I had, he was strict, but he seemed like a very capable judge and I felt really comfortable, Juan said. He also served as an immigration judge from 2009 to 2011 in San Francisco, and he was an Immigration and Customs Enforcement attorney in the city from 2006 to 2009. . 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. Theres just a real lack of systematic accountability.. One evening in April 2014, Gutierrez was watching television at home with her two sons, ages 5 and 11, when she heard banging at the front door. Former immigration judge Rebecca Jamil in Fremont, California, on Dec. 28, 2018. The Reuters analysis also found that an immigration judges particular characteristics and situation can affect outcomes. In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus of immigration judges. I burst into tears and ran into Danas office for support. But the bulk of asylum seekers who came during the 2018-2019 migrant surge were Central Americans. When Theodore Murphy, a former ICE prosecutor who now represents immigrants, has a client in a jurisdiction with a high deportation rate but near one with a lower rate, I tell them to move, he said. She quickly discarded that notion. Help us advocate for . The Executive Office for Immigration Review had 2,383 employees in 2015 with an average pay (base salary + bonus) of $118,095.97. Unaware of each others plight, both fled with their children, making the dangerous trek across Mexico. Groups like the Southern Poverty Law Center allege the Attorney Generals Office has weaponized the nations asylum courts against immigrants of color. Hondurans enjoy no special considerations. Charles R. Davis. Transparent and . 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. In Mexico, she hired a coyote a smuggler to help them cross into the United States and then turned herself in to Border Patrol agents near Hidalgo. Because there is no TurboTax for immigration law.. Ana fled with her daughter the night the gang members threatened them on the street. Some of those asylum seekers told Border Report recently they hope their chances will improve once Joe Biden takes over the White House. Posted November 10th, 2015. Two rival gangs the Barrio 18 and the Mara Salvatrucha, also known as MS-13 were operating brazenly in the neighborhood. Please consider making a tax-deductible donation athttps://bit.ly/3fNsGaZ. Immigration attorneys and their clients are not the only ones who said they are distrustful of the judicial complaint 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 (. Romy L. Lerner, Immigration Judge, Miami (Krome) Immigration Court. How do I know this? Filing a complaint against the judge is something on the table, Olawale said. Judge Marks faced daunting challenges during her tenure. Two months later, according to court documents, Ana was walking her 7-year-old daughter home from school when three members of a rival gang confronted them. Threatened by gangs in Honduras, two women sought asylum in the United States. 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. 2020-03-20T04:49:42Z Those who presented their petitions in Texas, Georgia and southern California had high denial rates, as well. STEP 1: Arrive in the U.S. The agency does not identify judges who were the subjects of complaints. The Charlotte court that would hear Anas case was one of five jurisdictions labeled asylum free zones by a group of immigrant advocates in written testimony last Decemberbefore the Inter-American Commission on Human Rights. Those appointed under Trump had ordered. 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. About half the cases in the analysis were filed by asylum seekers like the two Honduran women. Juans case was initially assigned to Judge Thomas Janas, an immigration judge in Cleveland who has since retired. The question of equality of treatment among judges has gained urgency as the number of cases in immigration court has ballooned to record highs. 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. That statement is misogynistic and very shocking to me.. They hoped that mothers working together could oust the violent gangs that plagued the campus. Now they had come to deliver a message to Gutierrez. Argued and Submitted November 20, 2020 . EOIR spokeswoman Kathryn Mattingly said the agency does not comment on external analyses of its data. Judge Mabry is a member of the State Bar of Arizona and State Bar of New Mexico. The clients loved her, says Ungar. But we have to address these bad judges.. Dana Marks, president of the National Association of Immigration Judges, said each case is like a 1,000 piece puzzle. While two cases might look identical on the surface, she said, each judge has to weigh the nuances of immigration law to allow someone to stay in the country, which could lead to different outcomes. Despite having no immigration law experience, Ford was appointed as a San Francisco Immigration Judge by Attorney General William Barr in 2019 after retiring from his judgeship in Cook County, Illinois. She is now awaiting a court date after new lawyers got her case reopened. 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 . Judge Lerner earned a Bachelor of Arts in 1999 from Columbia University and a Juris Doctorate in 2002 from Columbia University School of Law. 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. 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. A few years ago, when his case was reassigned to Riley, Juan heard from friends that the new judge was unusually harsh. The Charlotte court was singled out for displaying a particular bias against Central American gang and gender-related asylum claims.. SAN FRANCISCO (BCN) It did not take U.S. Immigration Judge Nicholas Ford long to stir up controversy in San Francisco. For example, U.S. government policy is more lenient toward people from some countries, less so for others. I am very worried about her, Gutierrez said. I will believe things when they happen, if they happen, one Cuban migrant whos been living in Juarez said last week. They said, Were going to kill themembers of the parent-teacher association to get them out of here. So the women fled.. That experience, the Reuters analysis found, makes them 23 percent more likely to order deportation. Gutierrez also said her friend is very forgetful. Judge Marks, in keeping with her upbeat character, reflects on the pluses of her role. 12/31/2020 4:34:37 PM . I love the Wild West aspect of it.. 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. Nationally, EOIR receives about 100 complaints against immigration judges every year, but most of them do not carry serious consequences, EOIR statistics show. The judge denied her petition and ordered her deported. The Trump administration filled the openings and expanded the size of the bench,appointing 10 judges who currently make up the court. Reuters Investigates offers several ways to securely contact our reporters, Before, no one wanted to say anything about the gangs, Gutierrez said. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. 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. 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. Immigration Judge Emily N. Farrar-Crockett began hearing cases at the Falls Church Adjudication Center in October 2018. Laura Ramirez, Immigration Judge, San Francisco, 1997-2018. Immigration attorneys dont file these complaints often enough because they still have to practice in front of these judges, said Kocher, whose research focuses on immigration policies. 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. Its just that she forgets things.. They just know someone wants to kill them., Anas lawyer appealed her case to the Board of Immigration Appeals (BIA), the first step in the appellate process. 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. 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. Judge Marks says she was never bored. Two officials in uniforms picked them up. 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. Of course, other factors influence outcomes in immigration court. I got in that moment what that was going to be. How do I know this? Romy L. Lerner was appointed as an Immigration Judge to begin hearing cases in May 2022. Two of them grabbed Ana and her daughter, pinned their wrists behind their backs, and pointed a gun at the childs head. Immigration court doesnt have contempt, so I had to use charm, she says. Learn more about how to check your immigration court date and the status of your immigration case from here. The asylum appeal process is equally politicized, the group says. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. She can look back with satisfaction at the mass of people whose lives she helped, says Ungar. Volunteer lawyers helped the women prepare and submit their applications for 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.. Oh, my goodness, says Donald Ungar, now retired, as he thinks back to his first impressions. Variations among judges and courts are broad. 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. Mattingly, the EOIR spokeswoman, said the agency held training sessions for judges to address the disparities in 2008 and 2009. She quickly discarded that notion. Lisa Knox, the lawyer who represented Gutierrez, said judges where she practices tend to give applicants the benefit of the doubt. Scott Bratton, president of AILA-Ohio, did not wish to comment on the complaint. . 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; . They landed near Hidalgo, Texas. 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. 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. These are life or death matters. She is known for her compassion and fairmindedness. SAN FRANCISCO, CALIFORNIA -- On November 12, 2020 a coalition of legal service providers, community members, the San Francisco Public Defender, and the National Lawyers Guild - San Francisco Bay Area filed a complaint today with the Department of Justice (DOJ) Executive Office for Immigration Review (EOIR) against San Francisco-based Immigration Judge Nicholas Ford for his racist, ableist and hostile treatment of immigrants, attorneys and witnesses. Instead of submitting a complaint against Owen, however, the immigration attorney opted to voice his concerns in an appeal, which is currently pending. (Reuters) - A conservative judge appointed by former Republican President Donald Trump to the San Francisco-based 9th U.S. SAN FRANCISCO, CALIFORNIA -- On November 12, 2020 a coalition of legal service providers, community members, the San Francisco Public Defender, and the National Lawyers Guild - San Francisco Bay Area filed a complaint today with the Department of Justice (DOJ) Executive Office for Immigration Review (EOIR) against San Francisco-based Immigration 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. 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. Coincidence or not, denial rates have shot up more than 30% since Donald Trump became president. As a result, credibility is really the key factor. 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. Shes funny and insightful, she says. A Honduran migrant wears a sanitary mask while waiting in line to plead . 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. Freedom for Immigrants is a 501(c)(3) non-profit based in California. Constanza Hevia H. / Special to The Chronicle 2020 "EOIR takes all complaints seriously, investigates all colorable complaints, and takes corrective action when appropriate, Montenegro said in an email statement. U.S. Department of Justice U.S. Department of Justice. 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. 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. In a three-page ruling, one board member said Anas lawyer could not introduce a new argument on appeal and agreed with Couch that Ana hadnt proved a political motive behind the gang members attack. The rules of evidence are [only] a guide, theres no pretrial discovery, she says. With Riley, it felt like she just wanted me out. For example, courts ruled in favor of Chinese immigrants 75 percent of the time, the Reuters analysis found. (She also refers to herself as a sit-down comedian.), Attorneys who appeared before Judge Marks were impressed by her complete command of her courtroom. 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. About the Immigration Judge. The word Reviews; Business Tech; Finance; Markets; . Two of them were dismissed. 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. We discussed cases together. In addition to helping her colleagues with the analysis of cases, Judge Marks was available for emotional support. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. Phone number. The third pointed a gun at Anas head. In 2020, of the 30,173 individuals from the Northern Triangle that received a decision on asylum claims 27,020 were denied. 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. 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* . 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. The 43-year-old, who worked as a nurse in Honduras, lives in a small one-bedroom apartment with her husband, her two sons now 15 and 8 her adult daughter and her grandson. The state court had plexiglass barriers, an air. When she started, she was one of few women. Corrective actions such as counseling or training were taken in 39 cases. The new six-member association board set about trying to improve security at the school, which sits on a dirt road behind a high wall topped with razor wire. In Atlanta, 89 percent of cases result in a deportation order. The October announcement explained that " [s]ince Jan. 20, 2017, the [Department of Justice] has increased EOIR's immigration judge corps from 306 to 520 adjudicators an increase of nearly 70 percent." We had to jump over a wall, and I hurt my foot doing so, she said in an affidavit. 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). Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. Talking with her former colleaguesmany of whom are now also her friendsis an uplifting experience. 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. Demonstrates unlawful and inappropriate manifestations of bias in the courtroom. Copyright 2005-2023 The Bar Association of San Francisco |, Unpacking the Legacy of Judge Dana Leigh Marks, on December 31, 2021, Judge Dana Leigh Marks* had built an inspiring reputation as a leader, mentor, and advocate. 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. Disregards basic legal rules, causing undue prejudice and wasting public resources. Kathleen Guthrie Woods is a long-time contributor toSan Francisco Attorneymagazine. The findings underscore what academics and government watchdogs have long complained about U.S. immigration courts: Differences among judges and courts can render the system unfair and even inhumane. 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. Court has ballooned to record highs for emotional support 2022, she says the United States 76.8... 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