In Atlanta, 89 percent of cases result in a deportation order. 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. . The rules of evidence are [only] a guide, theres no pretrial discovery, she says. 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. Shes the GOAT of immigration judges! declares Francisco Ugarte, Manager of the Immigration Defense Unit of San Franciscos Public Defenders Office. Attorney General William P. Barr appointed Jeremy J. Butler as an immigration judge in June 2020. 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. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. Unaware of each others plight, both fled with their children, making the dangerous trek across Mexico. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. I saw the denial coming after seeing everything that Judge Riley was doing. The most common occupation was general attorney, followed by general legal and kindred administration. The year before, according to police records in Honduras, gang members killed a school security guard. 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. 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.. Persecutors dont give affidavits, said Andrew Arthur, a former immigration judge who now works at the Center for Immigration Studies, a nonprofit organization that supports lower levels of immigration. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. The advocates testified that, while asylum is granted in nearly half of cases nationwide, Charlotte judges granted asylum in just 13 percent of cases in 2015. It is painfully apparent how much the clients we serve have overcome throughout their lives, says Roxana Moussavian, immigration attorney at Pangea Legal Services. More than 300 judges are spread among 58 U.S. immigration courts in 27 states, Puerto Rico and the Northern Mariana Islands. Now, they were extorting teachers, selling drugs openly and assaulting or killing anyone who confronted them. Riley and Owens have. The clients loved her, says Ungar. SAS Output. The courts in Dallas, Houston, Las Vegas and Atlanta also received the designation. But the patrols left after a few weeks, probably intimidated by the gangs. 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. She is known for her fierce advocacy for the court. 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. 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. 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. Immigration Court. The rules of evidence are [only] a guide, theres no pretrial discovery, she says. Juans application for cancellation of removal was denied in November 2020. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. 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. Romy L. Lerner, Immigration Judge, Miami (Krome) Immigration Court. Who is Judge Marks, and how did she positively influence and impact so many lives? I vowed to be my authentic sense of self. Retired Immigration Judge Polly Webber, saw an aspirational role model. Immigration court doesnt have contempt, so I had to use charm, she says. Charles R. Davis. Attorneyseven conservativesrespected her., Judge Marks explains it another way. These are life or death matters. Shuting Chen was appointed as an Immigration Judge to begin hearing cases in October 2022. 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. With the seventh and latest complaint the one led by AILA-Ohio against Riley information regarding the investigation outcome was redacted by the Department of Justice. The agency does not identify judges who were the subjects of complaints. Her door was always open, says Judge King. People familiar with the system are well aware of the difference. Sandra Gutierrez joined her husband in California, where her case was heard by a San Francisco immigration court judge. 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. Judge Marks says she was never bored. 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. 200 Reuters Investigates offers several ways to securely contact our reporters, Before, no one wanted to say anything about the gangs, Gutierrez said. I was the first to do the Families with Children Docket, which became known as rocket docket, Judge King recalls. 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. Are they also Mexicans? Riley said, as shown incourt transcripts cited in a complaint filed later. The judges in San Francisco, where I served, were told we could not schedule any cases in 2022 until our calendars showed that three cases were scheduled every day through the end of 2021. 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. 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. 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. 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. I can think of one case I had in front of her, says Ilyce Shugall, a former immigration judge who is currently managing attorney with Immigrant Legal Defense. Sixty-one percent of all complaints closed in the fiscal year 2020 ended up being dismissed. From 2015 to 2022, she was the Associate My client was seriously mentally ill, there were a lot of complexities in his case. Add Photos. Those on the other side of the complaints the immigration judges also take issues with the EOIR discipline 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. The next year, researchers at Temple University and Georgetown Law School concluded in a study titled Refugee Roulettethat in many cases, the most important moment in an asylum case is the instant in which a clerk randomly assigns an application to a particular asylum officer or immigration judge. In 2008, the U.S. Government Accountability Office (GAO) found similar disparitiesin its own study. On December 18, 2020, the EOIR announced the investiture of an additional 14 immigration judges. In New York City, 24 percent do. It was June 11, 2018, and then-attorney general Jeff Sessions, her boss . Your donation to match our RFA grant helps keep her writing stories like this one. 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* . 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. Mattingly, the EOIR spokeswoman, said the agency takes seriously any claims of unjustified and significant anomalies in immigration judge decision-making and takes steps to evaluate disparities in immigration adjudications.. We discussed cases together. In addition to helping her colleagues with the analysis of cases, Judge Marks was available for emotional support. Within each court, cases are assigned to judges on a random, rotational basis. There are still good judges out there. Hon. She was our fearless leader in the union, says Judge King, who was Union site representative in San Francisco while Judge Marks was president. That statement is misogynistic and very shocking to me.. Some of the supervisors discuss the complaint with the judge immediatelyand others dont. The case is currently in the appeal process. In 2020, of the 30,173 individuals from the Northern Triangle that received a decision on asylum claims 27,020 were denied. Immigration Judges Across The US Are Staying Home After The Coronavirus Hit Courtrooms. Gutierrez said that was when she first learned that her fellow parent-teacher association board member had been threatened and had fled from home. Gutierrez contacted relatives who wired the money. The Executive Office for Immigration Review had 2,383 employees in 2015 with an average pay (base salary + bonus) of $118,095.97. Legal Aid at Work. 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. 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. Of the 102 complaints that had been resolved when the data were published, only three resulted in discipline, defined as reprimand or suspension of the judge. Anas response to Couchs extensive questioning played a part in the decision. She showed us all how to be fierce advocates for justicefor what is true and right and justwithout crossing over lines, says Judge King. 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 courts handle cases to determine whether an individual should be deported. ), 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.. Immigration Judge Nicholas Ford is terrorizing the San Francisco immigrant community. 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. Judge Marks faced daunting challenges during her tenure. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. The lack of a transparent complaint process is especially concerninggiven this influx of new judges, who tend to come from enforcement backgrounds and lack experience on the bench, Nemecek said. I am not going to risk my childs life. . Anas assertion that she learned from Gutierrez in detention about gang threats to the parent-teacher association was not persuasive, Couch wrote. The top ten percent of employees in the Executive Office for . Ana declined to be interviewed for this article. In the 1980s, AILA (, ) was very stodgy, a reactive organization, Judge Webber says. Former immigration judge Rebecca Jamil in Fremont, California, on Dec. 28, 2018. By the time she retired from San Francisco's Immigration Court on December 31, 2021, Judge Dana Leigh Marks* had built an inspiring reputation as a leader, mentor, and advocate. Shuting Chen, Immigration Judge, San Francisco Immigration Court . She is known for her compassion and fairmindedness. She quickly packed some backpacks for her and her children and called the only friend she knew who had a car. You really get those Perry Mason moments in immigration court. With these new judges and along with significant court policy changes, the asylum denial rate increased from 54.6% in fiscal year 2016 to 71.6% in fiscal year 2020. As the sole breadwinner in his family, he said his wife and kids would suffer emotionally and financially if he were deported. Demonstrates unlawful and inappropriate manifestations of bias in the courtroom. Click here for the news release. 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. 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. Judge Butler earned a Bachelor of Arts in 2003 from Cornell College and a Juris . 6577, Real Courts, Rule of Law Act of 2022, and passed by the House Judiciary Committee in May of this year. Laura Ramirez, Immigration Judge, San Francisco, 1997-2018. Jamil adds Judge Markss tireless work for the union and giving a professional, female voice to immigration judges to her list of accomplishments. The judge denied her petition and ordered her deported. It then created a system for the public to file complaints against immigration judges. 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. REUTERS/Ross D. Franklin/Pool/File Photo. The murders, like more than 93 percent of crimes in Honduras, remain unsolved. Help us advocate for . 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. Judge-by-Judge Asylum Decisions in Immigration Courts. The money will be used in partnership with the Loretto Volunteer Project to help migrants, including those sent to Juarez, Mexico under U.S. Customs and Border Protections Migrant Protection Protocols, or MPP, program. Possible outcomes include asylum; adjustments of status; stay of deportation; and deportation. With Riley, it felt like she just wanted me out. The kidnappers released her and her two sons near the U.S. border. He was invested on November 6 and will begin hearing cases this month. In immigration court, the asylum seeker is typically the only witness. Judge Marks says her biggest success was seeingH.R. Those appointed under Trump had ordered. Romy L. Lerner was appointed as an Immigration Judge to begin hearing cases in May 2022. Learn more about how to check your immigration court date and the status of your immigration case from here. 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. Denial Rate. They said they knew I was involved in the parents association, Gutierrez said. 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. New Company Ratings Recent Salaries by Company. 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. This time, her lawyer included arguments about her membership in a particular social group. Holyoak was convinced. They said, Were going to kill themembers of the parent-teacher association to get them out of here. So the women fled.. 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. The court used to have only three judges, all of whom have since left their posts. 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.. We had to jump over a wall, and I hurt my foot doing so, she said in an affidavit. Posted November 10th, 2015. The case was transferred to a new judge who sentenced Puente to time . 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. 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. In an attempt to establish that the abusedid not happen due to the client's identity, Owen stated that it is likely that officers raped the teenage girl not because she was a member of the English-speaking minoritybut because they wanted to do so and thought that the respondent was a pretty virgin, according to court documents shared with The Dispatch. 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. She was always kind and patient with people who came before her. Judge Marks faced daunting challenges during her tenure. 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. Judge Lerner earned a Bachelor of Arts in 1999 from Columbia University and a Juris Doctorate in 2002 from Columbia University School of Law. 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. 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. If someones a pretty virgin, is that a good reason for them to rape her in any context? Olawale said. And according to the Department of Homeland Security, most of those coming across the border without authorization since are from Mexico. The Honorable Merrick B. Garland The Honorable Lisa O. Monaco. Their stories illustrate what a Reuters analysis of thousands of court decisions found: The difference between residency and deportation depends largely on who hears the case, and where. The average salary for an Immigration Judge is $72,811 per Year in the United States. 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. 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. She remains active today as president emerita. Its not consistent because a complaint usually starts out with the persons immediate supervisor being told, Marks said. 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). Copyright 2023 Nexstar Media Inc. All rights reserved. Of the 28 immigration judges Sessions has appointed so far, 16 are former ICE prosecutors. The schools principal, who asked that he and the school not be identified out of fear of retaliation, worked with the board. She is now awaiting a court date after new lawyers got her case reopened. Argued and Submitted November 20, 2020 . 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. The Biden administration could move to unwind that decision. Earlier this month, the Justice Department announced 28 new immigration judges, bringing the number of such judges to more than 465, a record high. 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. The Reuters analysis used data from the Executive Office for Immigration Review (EOIR), the U.S. Justice Department unit that oversees immigration courts. STEP 1: Arrive in the U.S. 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. 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. ; 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 . Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. These are life or death matters. 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. The other 27 immigration judges will serve across the country on 19 immigration courts. Ill have to weigh my options and consider how bad it is before I stick my neck out there.. From 2013-2018, she worked as an immigration attorney. It feels like the judge has no compassion for us and doesnt like Latinos.. I love the Wild West aspect of it.. Hon. As has been true in earlier years, having representation greatly increases the odds of winning asylum or other relief, TRACs Oct. 28 report 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. She quickly discarded that notion. 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. Filing a complaint against the judge is something on the table, Olawale said. 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. Two officials in uniforms picked them up. 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. The union representing immigration judges is suing the Trump administration over a policy they say censors judges. I burst into tears and ran into Danas office for support. 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. Then created a system for the public to file complaints against immigration judges his wife kids! Was transferred to a new Judge who sentenced Puente to time ICE prosecutors bonus ) of $ 118,095.97,... University school of Law Act of 2022, and then-attorney general Jeff Sessions her!, Puerto Rico and the Northern Triangle that received a decision on asylum claims in year! But the patrols left after a few weeks, probably intimidated by the House Judiciary Committee May. I burst into tears and ran into Danas Office for support moments in immigration court Judge Markss tireless work the... 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