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 Reuters analysis also found that an immigration judges particular characteristics and situation can affect outcomes. When he turned 16, he left his hometown and crossed the border by himself in search for a better life, settling in Columbus. 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. Becoming involved with and leading theNational Association of Immigration Judges(NAIJ) was a natural extension of her skills and influence. Judge Marks, in keeping with her upbeat character, reflects on the pluses of her role. She was so good to him. This was something Judge Marks had learned from her experience with her own clients. 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). Judge-by-Judge Asylum Decisions in Immigration Courts. Couch and Holyoak and their courts. Some of the supervisors discuss the complaint with the judge immediatelyand others dont. The Chief Immigration Judge shall ensure that each temporary immigration judge has received a suitable level of training to enable the temporary immigration judge to carry out the duties assigned. There is no training on the 2017 calendar. Mexicans and citizens from the Northern Triangle of Central America Honduras, Guatemala and El Salvador were the most likely to be turned down. Under President Barack Obama, the courts began efforts to hire more immigration judges to reduce the systems burgeoning backlog, which now stands at more than 620,000 cases, nearly 100,000 of them added since last December. She made it more proactive, trying to affect the law. The word Reviews; Business Tech; Finance; Markets; . The rules of evidence are [only] a guide, theres no pretrial discovery, she says. 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. 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. Legal Aid at Work. I began to panic and shake, she said. Because there is no TurboTax for immigration law., The firm made a wise choice. Immigration attorneys and their clients are not the only ones who said they are distrustful of the judicial complaint process. Attorney General William P. Barr appointed Jeremy J. Butler as an immigration judge in June 2020. One was closed because the judge in question had since retired. I think about the hundreds of thousands of immigrants across the country who have been wronged by the misconducts of Trump-appointed judges, she said. 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. 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. Knight Institute Calls on DOJ's Exe cutive Office for Immigration Review to Suspend Policy Silencing Immigration Judges, (Jan. 6, 2020), https: . Shuting Chen was appointed as an Immigration Judge to begin hearing cases in October 2022. It occurred to me I had a meeting, Ungar says, So I asked, Would you mind if we continued this? They walked to Market Street, where they hopped on the #5 bus to the Federal Courthouse. The firm made a wise choice. She quickly discarded that notion. Circuit Court of Appeals because her lawyer confused the deadline. 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. 6577, Real Courts, Rule of Law Act of 2022, and passed by the House Judiciary Committee in May of this year. The womens lawyers framed their respective cases with some important differences. 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. After her, all these really amazing women came to the bench, says Shugall, women Judge Marks mentored and encouraged to apply for the bench. 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. Immigration Judge Emily N. Farrar-Crockett began hearing cases at the Falls Church Adjudication Center in October 2018. Former immigration judge Rebecca Jamil in Fremont, California, on Dec. 28, 2018. Volunteer lawyers helped the women prepare and submit their applications for asylum. People familiar with the system are well aware of the difference. 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.. Kathleen Guthrie Woods is a long-time contributor toSan Francisco Attorneymagazine. (NAIJ) was a natural extension of her skills and influence. But complainants like Juan and their attorneys said they have beendisappointed that their efforts did not lead to any lasting changes and that there was little transparency in the investigation process. They drove all night to her friends mothers house in another town. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Antiterrorism and Effective Death Penalty Act (AEDPA). Pasadena, California . Treats immigrants, witnesses, and practitioners in an unprofessional and hostile manner. They hoped that mothers working together could oust the violent gangs that plagued the campus. She has a law degree from Tulane Law School. CLEs. In the San Francisco court, Gutierrezs lawyers argued that she qualified for asylum because as a leader of the parent-teacher association, she was at risk for her political opinion her stand against gangs and for belonging to a particular social group of Hondurans opposed to gang violence and recruitment in schools. I came here when I was very young. You really get those Perry Mason moments in immigration court. 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. 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. (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. San Francisco, CA. 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. 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. 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. Transparent and . The first judge I had, he was strict, but he seemed like a very capable judge and I felt really comfortable, Juan said. 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. I have nothing in Mexico. She quickly discarded that notion. Now they had come to deliver a message to Gutierrez. 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. 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. 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. 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. See how your salary compares to other Immigration Judges with Comparably. 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. 0% San Francisco; 0% Denver; 0% Dallas, TX; 0% Boston; 0% Los Angeles; 0% Atlanta; Salary Ranges for Immigration Judges. Copyright 2023 Nexstar Media Inc. All rights reserved. Charles R. Davis. She was the first person I knew from our side, says Bette Stockton, who later joined Judge Marks on the bench and retired after 21.5 years as an immigration judge. Decisions. Attorney General of the United States Deputy Attorney General of the United States. Two of them were dismissed. Judge Marks also thrived in this arena because she saw beyond the expectation that her role was solely to facilitate deportations; she saw the humanity inherent in the proceedings. Immigration court doesnt have contempt, so I had to use charm, she says. 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. Couch wrote in his opinion that Anas difficulty recounting the names of the women on the association board weighed against her credibility. The mass exodus from Central America was under way when Gutierrez and Ana were elected to the board of the parent-teacher association at their childrens school in spring 2013. Within each court, cases are assigned to judges on a random, rotational basis. 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). 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. The Trump administration filled the openings and expanded the size of the bench,appointing 10 judges who currently make up the court. Gutierrez said that was when she first learned that her fellow parent-teacher association board member had been threatened and had fled from home. 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. 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. 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. 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. 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: 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. Additionally, the coalition is calling on the community to help hold San Francisco Immigration Court accountable. 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. Well-established law recognizes family as a protected social group, according to the Center for Gender & Refugee Studies. Please consider making a tax-deductible donation athttps://bit.ly/3fNsGaZ. Her boys are in school. In the 1980s, AILA (, ) was very stodgy, a reactive organization, Judge Webber says. In immigration court, the asylum seeker is typically the only witness. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. Your donation to match our RFA grant helps keep her writing stories like this one. From 2020 to 2022, she served as a staff attorney in 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. Phone number. 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. The previous president was a man, so we thought, We are women, they wont do anything to us. . As a result, credibility is really the key factor. ), 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.. 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. In a 2016 report, the GAO found that little had changed. Reviews Deals 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. 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. SAN FRANCISCO (BCN) It did not take U.S. Immigration Judge Nicholas Ford long to stir up controversy in San Francisco. From 2015 to 2022, she was the Associate Judge Olivia Cassin in New York City allows immigrants to remain in the country in 93 percent of cases she hears. Gutierrez contacted relatives who wired the money. 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. She helped start that trajectory, says Shugall. Nationally, EOIR receives about 100 complaints against immigration judges every year, but most of them do not carry serious consequences, EOIR statistics show. 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. 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. Anas response to Couchs extensive questioning played a part in the decision. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. 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. 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. Shes funny and insightful, she says. 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. ICE has not released their estimate of how many cases would be cleared under this plan. SAN FRANCISCO Rebecca Jamil was sitting in a nondescript hotel ballroom in suburban Virginia when she realized that her dream job being an immigration judge was no longer tenable. Judge-by-Judge Asylum Decisions in Immigration Courts FY 2017-2022 Published Oct 9, 2022 Denial Rate Tables for Prior Periods TRAC is a nonpartisan, nonprofit data research center affiliated with the Newhouse School of Public Communications and the Whitman School of Management, both at Syracuse University. 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. It feels like the judge has no compassion for us and doesnt like Latinos.. Scott Bratton, president of AILA-Ohio, did not wish to comment on the complaint. IJ Ford felt empowered to shout at and accuse my client throughout the hearing, showing little regard for the fact that she was a human being in his courtroom, said Omar de la Cruz, immigration attorney at Centro Legal de la Raza. In late 2014, the two women were released on bond. But theyre not holding their breath. They speak of a woman who broke through barriers, applied the law fairly and compassionately, fought hard fights, and inspired others to join her. One grant from Dallas-based Meadows Foundation includes $56,000 for legal services for incarcerated petitioners. In the Charlotte court, Anas lawyer focused more narrowly on her political opinion, arguing that she was at risk of persecution for her opposition to gangs in her position on the parent-teacher association board. The other women in the center told me that there was someone else from Honduras who I might know, but I wasnt sure who they were talking about, Gutierrez said. 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 incident occurred on 13 February, and the San Francisco-based 9th US Circuit Court of Appeals has confirmed the probe. The situation in our country is getting worse and worse.. 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. She arrived at the Artesia detention center just weeks after Gutierrez. 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. 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. We discussed cases together. In addition to helping her colleagues with the analysis of cases, Judge Marks was available for emotional support. Yilun Cheng is a Report for America corps member andcovers immigration issues for the Dispatch. I vowed to be my authentic sense of self. Retired Immigration Judge Polly Webber, saw an aspirational role model. EOIR held a two-day training session last year. San Francisco immigration judge begs officials to close her courtroom over coronavirus. The state court had plexiglass barriers, an air. 2018 or 2020, and 5% or . The judge denied her petition and ordered her deported. 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. Gutierrez hid for two months at her friends mothers house outside Tegucigalpa. Click here for the news release. The courts facedand continue to grapple witha crisis of backlogged cases. 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. William L. Abbott decided the largest number of cases (344) in fiscal year 2020 and denied 89.2% of them (307). In the 1980s, AILA (American Immigration Lawyers Association) was very stodgy, a reactive organization, Judge Webber says. The most common occupation was general attorney, followed by general legal and kindred administration. 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. 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. Judge Marks led the union for a total of 18 years, serving seven two-year terms as president (not sequential) and four as executive vice president. 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. Individuals can sign up for a court watch training at bit.ly/courtwatch1. From 2000 to 2008, she served as a staff attorney for ASK Law Group, in Sherman Oaks, California. Judge Marks faced daunting challenges during her tenure. Oh, my goodness, says Donald Ungar, now retired, as he thinks back to his first impressions. Lt. Jonathan Scott Simpson '95 has been appointed Immigration Judge, San Francisco Immigration Court, by the Executive Office for Immigration Review. The information is gathered by experienced and trusted Nexstar Media Group journalists hired specifically to cover the border. Judge Monique Harris in Houston allows immigrants to stay in just four percent of 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. Judge Halperin is a member of the Utah State Bar. (Neither Holyoak nor Couch worked as an ICE prosecutor, according to their EOIR biographies. 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. From there, cases can be appealed to federal appeals court. The average annual salary for Immigration Judges in the US is $121,299. 415-705-4415. 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. 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. Earlier this month, the Justice Department announced 28 new immigration judges, bringing the number of such judges to more than 465, a record high. Four of the 31 new immigration judges are assistant chief immigration judges who will oversee six immigration courts. 200 Individuals and organizations are encouraged to sign on to a public letter (bit.ly/removeford or bit.ly/fueraford) making the same request of EOIR and the DOJ. Judge Marks says her biggest success was seeing, H.R. 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. This time, her lawyer included arguments about her membership in a particular social group. 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. Further, Knox said, asylum seekers arent thinking about the finer points of U.S. asylum law when they are fleeing persecution. I saw the denial coming after seeing everything that Judge Riley was doing. Add Photos. Montenegro declined to provide additional details about the case. It was June 11, 2018, and then-attorney general Jeff Sessions, her boss . She quickly packed some backpacks for her and her children and called the only friend she knew who had a car. Senators Announce GAO Investigation of the Politicization and Mismanagement of Immigration Courts - September 14, 2020; Take Action. Its not that she is lying. Early in 2020, the immigration case backlog eclipsed 1 million, and the San Francisco court handles the second largest load in the country, roughly 70,000 cases. No one isanillegal in this country. According to TRAC, denial rates were at 54.6% in fiscal year 2016 (the last full year of Barack Obamas presidency). 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 question of equality of treatment among judges has gained urgency as the number of cases in immigration court has ballooned to record highs. 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. Talking with her former colleaguesmany of whom are now also her friendsis an uplifting experience. Filed December 16, 2020 . Groups like the Southern Poverty Law Center allege the Attorney Generals Office has weaponized the nations asylum courts against immigrants of color. Immigration Court. Judge. Romy L. Lerner was appointed as an Immigration Judge to begin hearing cases in May 2022. Immigrants to stay in just four percent of cases especially [ on issues related! Anas response to Couchs extensive questioning played a part in the US is $ 121,299 important. The attorney Generals Office has weaponized the nations asylum courts against immigrants of color her lawyer confused the.. She first learned that her fellow parent-teacher Association immigration judge san francisco rating 2020 weighed against her credibility time. The decision are now also her friendsis an uplifting experience parent-teacher Association board weighed against her.. 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Cases in October 2018 grant from Dallas-based Meadows Foundation includes $ 56,000 for legal services for petitioners.
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