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. 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 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. 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. Alumni Relations. Those appointed under Trump had ordered. Shes funny and insightful, she says. 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. This material may not be published, broadcast, rewritten, or redistributed. Transparent and . 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. In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus of immigration judges. I thought, I have to go now. In January of 1987, she was appointed to the bench of the Immigration Court, US Department of Justice, Executive Office for Immigrationone of the first women and one of the first attorneys appointed from private practice. 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. 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. 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. 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. Posted November 10th, 2015. Help us advocate for . About half the cases in the analysis were filed by asylum seekers like the two Honduran women. I was desperate and knew that I had to leave my daughters life and mine were in danger., The school principal said he understands why Gutierrez and Ana left Honduras. Robert S. Hough had the highest denial rate (92.2%), according to TRAC. Freedom for Immigrants is a 501(c)(3) non-profit based in California. 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. . 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.. 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. The murders, like more than 93 percent of crimes in Honduras, remain unsolved. 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. 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. They hoped that mothers working together could oust the violent gangs that plagued the campus. Judge. 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. Decisions. I saw the denial coming after seeing everything that Judge Riley was doing. 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. The average salary for an Immigration Judge is $72,811 per Year in the United States. When he turned 16, he left his hometown and crossed the border by himself in search for a better life, settling in Columbus. Couch and Holyoak and their courts. Judge Marks faced daunting challenges during her tenure. The count of deportations included cases in which judges allowed immigrants to leave the country voluntarily. These are life or death matters. May 19, 2021. 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 Reuters analysis also found that an immigration judges particular characteristics and situation can affect outcomes. She quickly packed some backpacks for her and her children and called the only friend she knew who had a car. 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. Unaware of each others plight, both fled with their children, making the dangerous trek across Mexico. By MICA ROSENBERG, READE LEVINSON and RYAN McNEILL. 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. 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). Citing the experience of six anonymous immigrants, including Juan, the complaint accuses Riley of biases against Latino immigrants, bullying and hostile questioning,a lack of professional competence and other alleged misconducts. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. 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. I opened the first file, and there was a picture of the first respondent, probably less than a year old. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. 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 They have more understanding of trauma survivors and the difficulty they might have in recounting certain details and little discrepancies, she said. The other 27 immigration judges will serve across the country on 19 immigration courts. U.S. Department of Justice U.S. Department of Justice. My client was seriously mentally ill, there were a lot of complexities in his case. Three led to oral counseling. But it wont really change anything in my clients case. She first interviewed Judge Marks, then-president of NAIJ, forUnderstanding the Crisis in Our Immigration Courts(Spring 2015). With Riley, it felt like she just wanted me out. She is known for her compassion and fairmindedness. She has a law degree from Tulane Law School. I want to stay because of my kids, said Juan, who recently bought a new house for his family. 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. . Reviews Deals 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. The top ten percent of employees in the Executive Office for . STEP 1: Arrive in the U.S. 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; . 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. Charles R. Davis. The older one, once threatened by gangs in Honduras, likes studying history and math and is learning to play the cello. You really get those Perry Mason moments in immigration court. Because there were no police here, (the gangs) did what they wanted," he said. 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. 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. 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. . Earlier this month, the Justice Department announced 28 new immigration judges, bringing the number of such judges to more than 465, a record high. Anas response to Couchs extensive questioning played a part in the decision. 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. It is unclear why the judge was absent. She perseveres solely because she believes it is important to make a difference wherever you can.. Shes the GOAT of immigration judges! declares Francisco Ugarte, Manager of the Immigration Defense Unit of San Franciscos Public Defenders Office. It was a magic zone, says Ugarte, in part because when she made a decision, she bridged the gap in a politically charged environment. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. Those on the other side of the complaints the immigration judges also take issues with the EOIR discipline process. Attorneyseven conservativesrespected her., Judge Marks explains it another way. Ana moved with her daughter to live with her daughters father and petitioned to have her case moved to Charlotte. Attorney General William P. Barr appointed Jeremy J. Butler as an immigration judge in June 2020. He jokes he decided to hire her the minute she insisted on paying her own fare. Hon. Its not that she is lying. 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. She remains active today as president emerita. Corrective actions such as counseling or training were taken in 39 cases. Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. . I vowed to be my authentic sense of self. Retired Immigration Judge Polly Webber, saw an aspirational role model. 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. EL PASO, Texas (Border Report) Asylum denial rates in America reached a record high 71.6% in the fiscal year 2020, an immigration think-tank reported. She is known for her fierce advocacy for the court. 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. Gutierrez hid for two months at her friends mothers house outside Tegucigalpa. During his time as an Immigration Judge, Ford has consistently terrorized community members through his hostile and unprofessional treatment of those in his courtroom. Judge Olivia Cassin in New York City allows immigrants to remain in the country in 93 percent of cases she hears. Are they also Mexicans? Riley said, as shown incourt transcripts cited in a complaint filed later. Its an emotionally trying job. Emmanuel Olawale, a Westerville-based immigration attorney, said he has faced this dilemma firsthand. We were the brave ones. But we have to address these bad judges.. 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. Immigration Court. Hon. 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. The appointments included former immigration judges who themselves ordered high rates of deportation on the bench, according to the Reuters analysis. 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: 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. 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 union kept me intellectually stimulated, she says. They said they would kill me and my children. Judge Halperin is a member of the Utah State Bar. The analysis excluded immigrants who were in detention when their cases were heard because such cases are handleddifferently. Filing a complaint against the judge is something on the table, Olawale said. The information is gathered by experienced and trusted Nexstar Media Group journalists hired specifically to cover the border. San Francisco immigration judge begs officials to close her courtroom over coronavirus. I burst into tears and ran into Danas office for support. The incident occurred on 13 February, and the San Francisco-based 9th US Circuit Court of Appeals has confirmed the probe. Learn more about how to check your immigration court date and the status of your immigration case from here. 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. 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 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. Riley and Owens havedenied 89% and 96% asylum cases they were in charge of, respectively, since their appointment a few years ago. Lack of legal counsel handicaps asylum seekers, but judges also biased against migrants of color, advocates say. I was the first to do the Families with Children Docket, which became known as rocket docket, Judge King recalls. 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. I am very worried about her, Gutierrez said. 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. She was our fearless leader in the union, says Judge King, who was Union site representative in San Francisco while Judge Marks was president. This time, her lawyer included arguments about her membership in a particular social group. 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. Shes funny and insightful, she says. 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. Riley stopped hearing cases for a few weeks in July and August, but returned shortly after, according to hearing schedules shared with the Dispatch. How do I know this? 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. EOIR held a two-day training session last year. On December 18, 2020, the EOIR announced the investiture of an additional 14 immigration judges. Lt. Jonathan Scott Simpson '95 has been appointed Immigration Judge, San Francisco Immigration Court, by the Executive Office for Immigration Review. In October 2020, when he received a notice from the Cleveland Immigration Court that the asylum case of one ofhis clientswas denied, he was disturbed by the language that Judge Jonathan Owens used in the decision. From 2013-2018, she worked as an immigration attorney. The majority come from government. Now, they were extorting teachers, selling drugs openly and assaulting or killing anyone who confronted them. Ana fled with her daughter the night the gang members threatened them on the street. Kathleen Guthrie Woods is a long-time contributor toSan Francisco Attorneymagazine. The rules of evidence are [only] a guide, theres no pretrial discovery, she says. 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. It then created a system for the public to file complaints against immigration judges. Sixty-one percent of all complaints closed in the fiscal year 2020 ended up being dismissed. (Previously, appointments were considered promotions for prosecuting attorneys from INS.) They had early success, he said, when they persuaded police to provide officers to guard the school. 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. 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. 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. She is known for her fierce advocacy for the court. Filed December 16, 2020 . The union representing immigration judges is suing the Trump administration over a policy they say censors judges. [ 72 FR 53677 , Sept. 20, 2007, as amended at 79 FR 39956 , July 11, 2014; 85 FR 81655 , 81750, Dec. 16, 2020] SAS Output. Treats immigrants, witnesses, and practitioners in an unprofessional and hostile manner. Immigration court doesnt have contempt, so I had to use charm, she says. Do you know the people? Sep 2013 - Dec 20141 year 4 months. The odds of being successful if unrepresented was much lower (17.7%) than for represented asylum seekers (31.1%) in fiscal year 2020.. (Neither Holyoak nor Couch worked as an ICE prosecutor, according to their EOIR biographies. 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. Opinion by Judge Owens * The Honorable Morrison C. England, Jr., United States Senior District Judge for the Eastern District of California . Who is Judge Marks, and how did she positively influence and impact so many lives? He is especially unsuited to hear cases involving survivors of torture applying for asylum and other forms of immigration relief. As the sole breadwinner in his family, he said his wife and kids would suffer emotionally and financially if he were deported. (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. Threatened by gangs in Honduras, two women sought asylum in the United States. Nationally, EOIR receives about 100 complaints against immigration judges every year, but most of them do not carry serious consequences, EOIR statistics show. From 2001-2013, Judge Farrar-Crockett was an attorney with the Louisville Metro Public Defender Office. Judge-by-Judge Asylum Decisions in Immigration Courts. I want everyone to feel validated, listened to., To manage an immigration courtroom, says Rebecca Bowen Jamil, who retired from the bench and is currently an attorney with Argumedo Garzon Law Group in San Francisco, you have to be flexible and have the knowledge to be flexible. Judge Marks succeeded, Jamil says, because she has a big personality, and she has the goods to back it up. I am not going to risk my childs life. . Instead, they became targets. The asylum appeal process is equally politicized, the group says. The first judge I had, he was strict, but he seemed like a very capable judge and I felt really comfortable, Juan said. Because there is no TurboTax for immigration law.. But theyre not holding their breath. Men are more likely than women to order deportation, as are judges who have worked as ICE prosecutors. 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. For example, courts ruled in favor of Chinese immigrants 75 percent of the time, the Reuters analysis found. One grant from Dallas-based Meadows Foundation includes $56,000 for legal services for incarcerated petitioners. 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. 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. There they piled with another group of migrants into an inflatable raft and crossed the Rio Grande, the border between Mexico and the United States. 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. Four of the 31 new immigration judges are assistant chief immigration judges who will oversee six immigration courts. Its not consistent because a complaint usually starts out with the persons immediate supervisor being told, Marks said. Denial Rate. The kidnappers released her and her two sons near the U.S. border. The clients loved her, says Ungar. That roster includes Judges Jamil, King, Miriam Hayward, Stockton, Webber, and Laura Ramirez. They speak of a woman who broke through barriers, applied the law fairly and compassionately, fought hard fights, and inspired others to join her. From 2020 to 2022, she served as a staff attorney in It is painfully apparent how much the clients we serve have overcome throughout their lives, says Roxana Moussavian, immigration attorney at Pangea Legal Services. Click here for the news release. Their nature ranged from alleged due process violations to concerns over in-court conducts, records show. The courts in Dallas, Houston, Las Vegas and Atlanta also received the designation. She lost. Another 35% ended with additional counseling or training of the judge involved. 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). After graduating law school at age 23, Judge Marks went into private practice at Simmons & Ungar. 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. The case was transferred to a new judge who sentenced Puente to time . A few years ago, when his case was reassigned to Riley, Juan heard from friends that the new judge was unusually harsh. Gutierrez contacted relatives who wired the money. 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. 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. In the 1980s, AILA (American Immigration Lawyers Association) was very stodgy, a reactive organization, Judge Webber says. 415-705-4415. 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. She was always there for me, emotionally and intellectually.. 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. 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. James Roder, the court administrator at the Cleveland Immigration Court, declined to offer a response. . Ana missed the deadline to appeal the BIA decision to the 4th U.S. No one isanillegal in this country. I love the Wild West aspect of it., National Association of Immigration Judges. Legal Aid at Work. The rules of evidence are [only] a guide, theres no pretrial discovery, she says. 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). From there, cases can be appealed to federal appeals court. The average annual salary for Immigration Judges in the US is $121,299. EOIR spokeswoman Kathryn Mattingly said the agency does not comment on external analyses of its data. 12/31/2020 4:34:37 PM . See how your salary compares to other Immigration Judges with Comparably. . There is no training on the 2017 calendar. The Biden administration could move to unwind that decision. After her, all these really amazing women came to the bench, says Shugall, women Judge Marks mentored and encouraged to apply for the bench. 200 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. Couch is the toughest of Charlottes three immigration judges, according to the Reuters analysis. 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.. CLEs. Ana declined to be interviewed for this article. ICE has not released their estimate of how many cases would be cleared under this plan. 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. 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