Charles R. Davis. Groups like the Southern Poverty Law Center allege the Attorney Generals Office has weaponized the nations asylum courts against immigrants of color. WASHINGTON An immigration judge in the San Francisco court abruptly quit his post this week, issuing a scathing letter upon his retirement . 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. She helped start that trajectory, says Shugall. Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. 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. 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. The older one, once threatened by gangs in Honduras, likes studying history and math and is learning to play the cello. Unlike federal court judges, whose authority stems from the U.S. Constitutions establishment of an independent judicial branch, immigration judges fall under the executive branch and thus are hired, and can be fired, by the attorney general. And then one day we went to lunch, and there they were.. Gutierrez said that was when she first learned that her fellow parent-teacher association board member had been threatened and had fled from home. My client was seriously mentally ill, there were a lot of complexities in his case. Michael Short / Special to The Chronicle 2019. Posted November 10th, 2015. The clients loved her, says Ungar. . Ana missed the deadline to appeal the BIA decision to the 4th U.S. 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. Reuters Investigates offers several ways to securely contact our reporters, Before, no one wanted to say anything about the gangs, Gutierrez said. The court used to have only three judges, all of whom have since left their posts. 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.. In New York City, 24 percent do. In late 2014, the two women were released on bond. 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. After graduating law school at age 23, Judge Marks went into private practice at Simmons & Ungar. We discussed cases together. In addition to helping her colleagues with the analysis of cases, Judge Marks was available for emotional support. Your donation to match our RFA grant helps keep her writing stories like this one. 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. She quickly discarded that notion. But we have to address these bad judges.. They hoped that mothers working together could oust the violent gangs that plagued the campus. You really get those Perry Mason moments in immigration court. Holyoak was convinced. On December 18, 2020, the EOIR announced the investiture of an additional 14 immigration judges. 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. 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." 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. By the time she retired fromSan Franciscos Immigration Courton December 31, 2021, Judge Dana Leigh Marks* had built an inspiring reputation as a leader, mentor, and advocate. It then created a system for the public to file complaints against immigration judges. The state court had plexiglass barriers, an air. Click here for the news release. She petitioned the BIA through new lawyers to reopen her case and send it back to the immigration court to allow her to present new evidence of her persecution. Asylum applicants cannot gain legal U.S. residency because they fled their countries in mortal fear of civil strife or rampant crime or a natural disaster. The journey took three weeks. Now, they were extorting teachers, selling drugs openly and assaulting or killing anyone who confronted them. 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. 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. They speak of a woman who broke through barriers, applied the law fairly and compassionately, fought hard fights, and inspired others to join her. 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. I thought, I have to go now. As a result, credibility is really the key factor. 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. 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. Attorney General Jeff Sessions said in April that the Justice Department planned to hire more than 50 judges this year and 75 in 2018, which would put the total number of sitting judges above 400. STEP 2: Apply for Asylum STEP 3: Fingerprinting and Background/Security Checks STEP 4: Receive an Interview Notice STEP 5: Interview STEP 6: Asylum Officer Makes Determination on Eligibility and Supervisory Asylum Officer Reviews the Decision STEP 7: Receive Decision Related Links Close All Open All Last Reviewed/Updated: We had to jump over a wall, and I hurt my foot doing so, she said in an affidavit. How do I know this? 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. Juan is not alone in his grievances. 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. Judge. As the sole breadwinner in his family, he said his wife and kids would suffer emotionally and financially if he were deported. Gutierrez contacted relatives who wired the money. 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. Corrective actions such as counseling or training were taken in 39 cases. Video: High-stakes game of chance in U.S. immigration courts, Graphic: Deportation order rates, by judge, Graphic: Deportationorder rates, by country of origin, U.S. Attorney General Sessions urges crackdown on asylum policies. 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. 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. In response to the rising criticism, the Executive Office for Immigration Review began tracking decisions to identify judges with unusually high or low rates of granting asylum. 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 Immigration Justice Program periodically runs legal education events (CLEs) and know-your-rights trainings for lawyers, legal workers, immigrant community members, and other allies and advocates. 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. 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. 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. I opened the first file, and there was a picture of the first respondent, probably less than a year old. Central Americans are among the least successful at gaining asylum from U.S. immigration court judges, a Reuters analysis found. Men are more likely than women to order deportation, as are judges who have worked as ICE prosecutors. Shes funny and insightful, she says. 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 Denial Rate. 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. 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. The case is currently in the appeal process. 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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. But I hope someone can help us.. Riley stopped hearing cases for a few weeks in July and August, but returned shortly after, according to hearing schedules shared with the Dispatch. The incident occurred on 13 February, and the San Francisco-based 9th US Circuit Court of Appeals has confirmed the probe. 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. Hesaid he was nervous and exhausted when he stepped into the court on Oct.16, 2020, for his fourth hearing. Robert S. Hough had the highest denial rate (92.2%), according to TRAC. The other woman, Ana, joined her daughters father in the southeastern United States, andher case was assigned to an immigration court in Charlotte, North Carolina. She is now awaiting a court date after new lawyers got her case reopened. The agency does not identify judges who were the subjects of complaints. 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. Two rival gangs the Barrio 18 and the Mara Salvatrucha, also known as MS-13 were operating brazenly in the neighborhood. Now they had come to deliver a message to Gutierrez. The murders, like more than 93 percent of crimes in Honduras, remain unsolved. It feels like the judge has no compassion for us and doesnt like Latinos.. 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. More Reuters investigations and long-form narratives, Got a confidential news tip? Also, immigration judges are bound by precedents established in the federal appeals court that covers their location. Senators Announce GAO Investigation of the Politicization and Mismanagement of Immigration Courts - September 14, 2020; Take Action. They had early success, he said, when they persuaded police to provide officers to guard the school. She remains active today as president emerita. 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. It is unclear why the judge was absent. And three judges in San Francisco said yes to more than 90% of asylum seekers who came to their courts in 2020. The rules of evidence are [only] a guide, theres no pretrial discovery, she says. 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* . The firm made a wise choice. San Francisco immigration judge begs officials to close her courtroom over coronavirus. Help us advocate for . She was our fearless leader in the union, says Judge King, who was Union site representative in San Francisco while Judge Marks was president. You can't file a complaint one day against a judge and the next day come in with your client and expect the judge to treat them well. Its just that she forgets things.. I will believe things when they happen, if they happen, one Cuban migrant whos been living in Juarez said last week. About half the cases in the analysis were filed by asylum seekers like the two Honduran women. 12/31/2020 4:34:37 PM . There, they applied for asylum. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. Couch is the toughest of Charlottes three immigration judges, according to the Reuters analysis. 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.". U.S. immigration courts are administrative courts within the Department of Justices Executive Office for Immigration Review. Im trying to figure out if youre telling the truth., I felt really bad when I heard the judge call us 'illegals,' Juan, a resident on Columbus' Southwest Side, said in Spanish through an interpreter. The year before, according to police records in Honduras, gang members killed a school security guard. But it wont really change anything in my clients case. Ana moved with her daughter to live with her daughters father and petitioned to have her case moved to Charlotte. 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., When that does happen, it certainly will be part of her legacy, but just one part of a stellar career. The Executive Office for Immigration Review had 2,383 employees in 2015 with an average pay (base salary + bonus) of $118,095.97. 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. William L. Abbott decided the largest number of cases (344) in fiscal year 2020 and denied 89.2% of them (307). Shes funny and insightful, she says. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. In the 1980s, AILA (American Immigration Lawyers Association) was very stodgy, a reactive organization, Judge Webber says. In the 1980s, AILA (, ) was very stodgy, a reactive organization, Judge Webber says. The courts handle cases to determine whether an individual should be deported. 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. Montenegro declined to provide additional details about the case. Couch and Holyoak and their courts. The union representing immigration judges is suing the Trump administration over a policy they say censors judges. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. Judge Halperin is a member of the Utah State Bar. From 2001-2013, Judge Farrar-Crockett was an attorney with the Louisville Metro Public Defender Office. Judge Dalin Holyoak, who heard Gutierrezs case in San Francisco, orders deportation in 43 percent of cases. Juangrew up in Guadalajara, Mexico, where his family had few resources and he often had to go to school on an empty stomach, he said. Before: Richard A. Paez and John B. Owens, Circuit Judges, and Morrison C. England, Jr., * Senior District Judge. Theres also an imbalance of power in the courtroom and the fear of retaliation. The administration of President Donald Trump is continuing the effort. 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). There is a fine line between judges taking a harshstance on immigration and their exhibiting unprofessional behaviors, saidPaul Schmidt, aformer immigration judge based in Arlington, Virginia, who retired in 2016. She arrived at the Artesia detention center just weeks after Gutierrez. 6577, Real Courts, Rule of Law Act of 2022introduced in Congress byRepresentative Zoe Lofgrenand passed by the House Judiciary Committee in May of this year. The Trump administration filled the openings and expanded the size of the bench,appointing 10 judges who currently make up the court. 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. By MICA ROSENBERG, READE LEVINSON and RYAN McNEILL. . Because there is no TurboTax for immigration law., The firm made a wise choice. 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.. Judge Butler earned a Bachelor of Arts in 2003 from Cornell College and a Juris . These are people were dealing with, says Judge Stockton, people who are nervous, if not terrified, and Judge Marks has a gift for helping them feel more at ease in the courtroom. He was invested on November 6 and will begin hearing cases this month. Laura Ramirez, Immigration Judge, San Francisco, 1997-2018. Instead, they became targets. She first interviewed Judge Marks, then-president of NAIJ, forUnderstanding the Crisis in Our Immigration Courts(Spring 2015). (Reuters) - A conservative judge appointed by former Republican President Donald Trump to the San Francisco-based 9th U.S. Four of the 31 new immigration judges are assistant chief immigration judges who will oversee six immigration courts. A few years ago, when his case was reassigned to Riley, Juan heard from friends that the new judge was unusually harsh. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. The longer a judge has been serving, the more likely that judge is to grant asylum. She is known for her compassion and fairmindedness. 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. After hearing Anas case, Couch concluded in his written opinion that Ana was not eligible for asylum because she had not demonstrated a well-founded fear of future persecution on account of a statutorily protected ground. He wasnt convinced that she risked persecution in Honduras because of her political opinion. 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. Hondurans enjoy no special considerations. Opinion by Judge Owens * The Honorable Morrison C. England, Jr., United States Senior District Judge for the Eastern District of California . That experience, the Reuters analysis found, makes them 23 percent more likely to order deportation. Kathleen Guthrie Woods is a long-time contributor toSan Francisco Attorneymagazine. In immigration court, the asylum seeker is typically the only witness. The clients loved her, says Ungar. Of course, other factors influence outcomes in immigration court. More than 300 judges are spread among 58 U.S. immigration courts in 27 states, Puerto Rico and the Northern Mariana Islands. (Neither Holyoak nor Couch worked as an ICE prosecutor, according to their EOIR biographies. 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. The Reuters analysis used data from the Executive Office for Immigration Review (EOIR), the U.S. Justice Department unit that oversees immigration courts. Riley and Owens havedenied 89% and 96% asylum cases they were in charge of, respectively, since their appointment a few years ago. The Biden administration could move to unwind that decision. But theyre not holding their breath. In July, the BIA granted Ana the right to a rehearing in immigration court, sending her case back to Charlotte, where it could be heard again by Couch. REUTERS/Ross D. Franklin/Pool/File Photo. 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. Their nature ranged from alleged due process violations to concerns over in-court conducts, records show. Whether you win or whether you immigration judge san francisco rating 2020 or whether you win or whether lose! 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