Theres also an imbalance of power in the courtroom and the fear of retaliation. She is known for her compassion and fairmindedness. In immigration court, the asylum seeker is typically the only witness. Riley and Owens havedenied 89% and 96% asylum cases they were in charge of, respectively, since their appointment a few years ago. Juan expected from experience that he wouldonce againface a series of aggressive questionsfrom Judge Teresa Riley, whose intimidating style almost made him give up on his case altogether, he said. 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. Shes funny and insightful, she says. Chinese nationals won asylum almost 77% of the time in 2020, followed by people from India (62%), Cameroon (61.6%), and Venezuela (54.3%). 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 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 just know someone wants to kill them., Anas lawyer appealed her case to the Board of Immigration Appeals (BIA), the first step in the appellate process. 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. In New York City, 24 percent do. I burst into tears and ran into Danas office for support. CLEs. Judge Marks says her biggest success was seeing, H.R. 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. 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. The first judge I had, he was strict, but he seemed like a very capable judge and I felt really comfortable, Juan 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. Additional reporting by Gustavo Palencia and Kristina Cooke, By Mica Rosenberg in Oakland, California, and Reade Levinson and Ryan McNeill in New York, with additional reporting by Gustavo Palencia in Tegucigalpa, Honduras, and Kristina Cooke in San Francisco, Photo editing: Steve McKinley and Barbara Adhiya, Edited by Sue Horton, Janet Roberts and John Blanton. Senators Announce GAO Investigation of the Politicization and Mismanagement of Immigration Courts - September 14, 2020; Take Action. 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. 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. Judge Monique Harris in Houston allows immigrants to stay in just four percent of cases. When he turned 16, he left his hometown and crossed the border by himself in search for a better life, settling in Columbus. 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. Riley stopped hearing cases for a few weeks in July and August, but returned shortly after, according to hearing schedules shared with the Dispatch. 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. The rules of evidence are [only] a guide, theres no pretrial discovery, she says. 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). . Those who presented their petitions in Texas, Georgia and southern California had high denial rates, as well. The rules of evidence are [only] a guide, theres no pretrial discovery, she says. They were allowed to stay in the United States in just 16 percent of cases, the Reuters analysis found. I want to stay because of my kids, said Juan, who recently bought a new house for his family. She showed us all how to be fierce advocates for justicefor what is true and right and justwithout crossing over lines, says Judge King. I was the first to do the Families with Children Docket, which became known as rocket docket, Judge King recalls. All of the new immigration judges discussed in this post were selected by former Acting Attorney General Matthew Whitaker. 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. 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. Washington, DC 20530-0001 Washington, DC 20530-0001. [ 72 FR 53677 , Sept. 20, 2007, as amended at 79 FR 39956 , July 11, 2014; 85 FR 81655 , 81750, Dec. 16, 2020] U.S. Department of Justice U.S. Department of Justice. 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. 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. ), 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 judges, appointed by the U.S. attorney general, are not authorized to speak on the record about cases. 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. As the sole breadwinner in his family, he said his wife and kids would suffer emotionally and financially if he were deported. There, they applied for asylum. 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. These are life or death matters. 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. The administration of President Donald Trump is continuing the effort. The count of deportations included cases in which judges allowed immigrants to leave the country voluntarily. Lt. Jonathan Scott Simpson '95 has been appointed Immigration Judge, San Francisco Immigration Court, by the Executive Office for Immigration Review. With Riley, it felt like she just wanted me out. In 2020, of the 30,173 individuals from the Northern Triangle that received a decision on asylum claims 27,020 were denied. 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. 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. She explains things well. Because there were no police here, (the gangs) did what they wanted," he said. The previous president was a man, so we thought, We are women, they wont do anything to us. . 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 court used to have only three judges, all of whom have since left their posts. You really get those Perry Mason moments in immigration court. She is known for her fierce advocacy for the court. To give spirit to the letter of this budget . The Executive Office for Immigration Review had 2,383 employees in 2015 with an average pay (base salary + bonus) of $118,095.97. Gutierrez moved with her boys to Oakland, California, to join her husband, and petitioned to have her case moved to San Francisco. Juans application for cancellation of removal was denied in November 2020. Judge Olivia Cassin in New York City allows immigrants to remain in the country in 93 percent of cases she hears. Its an emotionally trying job. 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; . But the bulk of asylum seekers who came during the 2018-2019 migrant surge were Central Americans. If someones a pretty virgin, is that a good reason for them to rape her in any context? Olawale said. 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. One was closed because the judge in question had since retired. 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. Riley and Owens have. Judge Lerner earned a Bachelor of Arts in 1999 from Columbia University and a Juris Doctorate in 2002 from Columbia University School of Law. She quickly packed some backpacks for her and her children and called the only friend she knew who had a car. They speak of a woman who broke through barriers, applied the law fairly and compassionately, fought hard fights, and inspired others to join her. The older one, once threatened by gangs in Honduras, likes studying history and math and is learning to play the cello. The journey took three weeks. Yilun Cheng is a Report for America corps member andcovers immigration issues for the Dispatch. The question of equality of treatment among judges has gained urgency as the number of cases in immigration court has ballooned to record highs. Judge Marks says she was never bored. Jeremy J. Butler, Immigration Judge, San Francisco Immigration Court. It then created a system for the public to file complaints against immigration judges. 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 remains active today as president emerita. 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The firm made a wise choice. From 2012 to 2016, EOIR received 624 complaints against judges.The 138 complaints lodged in 2016 alone included allegations of bias, as well as concerns about due process and judges conduct within the courtroom. He is especially unsuited to hear cases involving survivors of torture applying for asylum and other forms of immigration relief. They said they knew I was involved in the parents association, Gutierrez said. In Atlanta, 89 percent of cases result in a deportation order. One grant from Dallas-based Meadows Foundation includes $56,000 for legal services for incarcerated petitioners. During his time as an Immigration Judge, Ford has consistently terrorized community members through his hostile and unprofessional treatment of those in his courtroom. This is the phone number you can use to contact the court's clerks or the judges' legal assistants. I vowed to be my authentic sense of self. Retired Immigration Judge Polly Webber, saw an aspirational role model. Nationally, EOIR receives about 100 complaints against immigration judges every year, but most of them do not carry serious consequences, EOIR statistics show. Immigration Judge Nicholas Ford is terrorizing the San Francisco immigrant community. 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. She has a law degree from Tulane Law School. ; 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 . The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Antiterrorism and Effective Death Penalty Act (AEDPA). Im not judging whether you employed illegals. Threatened by gangs in Honduras, two women sought asylum in the United States. In late 2014, the two women were released on bond. Gutierrez told Reuters that during her final hearing, the judge apologized for asking so many questions about what had been a painful time in her life, explaining that he had needed to establish her credibility. They said, Were going to kill themembers of the parent-teacher association to get them out of here. So the women fled.. Instead of submitting a complaint against Owen, however, the immigration attorney opted to voice his concerns in an appeal, which is currently pending. Freedom for Immigrants is a 501(c)(3) non-profit based in California. The Biden administration could move to unwind that decision. May 19, 2021. In the 1980s, AILA (American Immigration Lawyers Association) was very stodgy, a reactive organization, Judge Webber says. Well-established law recognizes family as a protected social group, according to the Center for Gender & Refugee Studies. 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. 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. 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. Taken together, the two cases nearly indistinguishable in their outlines but with opposite outcomes illustrate a troubling fact:An immigrants chance of being allowed to stay in the United States depends largely on who hears the case and where it is heard. Add Photos. 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. But theyre not holding their breath. 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. 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. Mattingly, the EOIR spokeswoman, said the agency held training sessions for judges to address the disparities in 2008 and 2009. Lisa Knox, the lawyer who represented Gutierrez, said judges where she practices tend to give applicants the benefit of the doubt. Individuals can sign up for a court watch training at bit.ly/courtwatch1. The Federal Bar Association and the National Association of Immigration Judges have endorsed the idea of creating an immigration court system independent of the executive branch. 2020-03-20T04:49:42Z Cases are assigned to an immigration court based on where the immigrant lives. 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. Reviews Deals 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. 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. She deeply cared about due process, says Ugarte. Attorney General William P. Barr appointed Jeremy J. Butler as an immigration judge in June 2020. Are they also Mexicans? Riley said, as shown incourt transcripts cited in a complaint filed later. 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. 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. Do you know the people? It feels like the judge has no compassion for us and doesnt like Latinos.. She explains things well. Alumni Relations. No one isanillegal in this country. Those on the other side of the complaints the immigration judges also take issues with the EOIR discipline process. Before: Richard A. Paez and John B. Owens, Circuit Judges, and Morrison C. England, Jr., * Senior District Judge. Judges fail to apply binding legal standards, make decisions based on illegally invented rules, engage in abusive treatment of noncitizens and their counsel and even decide cases before holding hearings.. These are life or death matters. As a result, credibility is really the key factor. Ana fled with her daughter the night the gang members threatened them on the street. Having come from a country with one of the highest murder rates in the world may have helped establish credible fear. But the two women were already at a disadvantage precisely because they came from Honduras. Sandra Gutierrez joined her husband in California, where her case was heard by a San Francisco immigration court judge. James Roder, the court administrator at the Cleveland Immigration Court, declined to offer a response. They had early success, he said, when they persuaded police to provide officers to guard the school. Oh, my goodness, says Donald Ungar, now retired, as he thinks back to his first impressions. Also, immigration judges are bound by precedents established in the federal appeals court that covers their location. 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. Immigration courts in California and the Pacific Northwest fall under the 9th U.S. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. Cynthia M. Nunez, Immigration Judge, San Francisco Immigration Court Cynthia M. Nunez was appointed as an Immigration Judge to begin hearing cases in May 2022. She is known for her fierce advocacy for the court. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. Disregards basic legal rules, causing undue prejudice and wasting public resources. For example, courts ruled in favor of Chinese immigrants 75 percent of the time, the Reuters analysis found. People familiar with the system are well aware of the difference. In a 2016 report, the GAO found that little had changed. 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. 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. 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." You really get those Perry Mason moments in immigration court. Shes the GOAT of immigration judges! declares Francisco Ugarte, Manager of the Immigration Defense Unit of San Franciscos Public Defenders Office. Judge Marks says she was never bored. She was always kind and patient with people who came before her. Filing a complaint against the judge is something on the table, Olawale said. From 2001-2013, Judge Farrar-Crockett was an attorney with the Louisville Metro Public Defender Office. Demonstrates unlawful and inappropriate manifestations of bias in the courtroom. Three percentconcluded with retirement, resignation or termination, and none gave rise to other disciplinary actions like reprimand or suspension. Hon. Sixty-one percent of all complaints closed in the fiscal year 2020 ended up being dismissed. The Government Accountability Office studied some proposals for reform in 2017, without endorsing any particular model. I didnt have to scare or browbeat people into my decisions, says Judge Marks. 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. Opinion by Judge Owens * The Honorable Morrison C. England, Jr., United States Senior District Judge for the Eastern District of California . (Previously, appointments were considered promotions for prosecuting attorneys from INS.) The longer a judge has been serving, the more likely that judge is to grant asylum. , had serious impacts on asylum cases and the parameters of the courts. They hoped that mothers working together could oust the violent gangs that plagued the campus. 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* . Couch and Holyoak and their courts are not rare outliers, the analysis found. I am not going to risk my childs life. . The courts in Dallas, Houston, Las Vegas and Atlanta also received the designation. There are still good judges out there. 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. 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. 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. It is painfully apparent how much the clients we serve have overcome throughout their lives, says Roxana Moussavian, immigration attorney at Pangea Legal Services. Judge Chen earned a Bachelor of Arts in 2006 from the University of Oklahoma and a Juris Doctor in 2009 from Harvard Law School. In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus of immigration judges. Their nature ranged from alleged due process violations to concerns over in-court conducts, records show. I began to panic and shake, she said. 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. The top ten percent of employees in the Executive Office for . Judge Marks says her biggest success was seeingH.R. The year before, according to police records in Honduras, gang members killed a school security guard. The case was transferred to a new judge who sentenced Puente to time . Possible outcomes include asylum; adjustments of status; stay of deportation; and deportation. 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. 200 They were eventually transferred to the ICE detention center in Artesia. (NAIJ) was a natural extension of her skills and influence. Immigration court doesnt have contempt, so I had to use charm, she says. STEP 1: Arrive in the U.S. The third pointed a gun at Anas head. Two of them grabbed Ana and her daughter, pinned their wrists behind their backs, and pointed a gun at the childs head. Having legal representation increases the chances of winning an asylum case five-fold, said Melissa M. Lopez, executive director of the El Paso-based nonprofit. The situation in our country is getting worse and worse.. 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.". Administrative Law Judges Effective January 2021 . Juan is not alone in his grievances. Constanza Hevia H. / Special to The Chronicle 2020 Unaware of each others plight, both fled with their children, making the dangerous trek across Mexico. Juans case was initially assigned to Judge Thomas Janas, an immigration judge in Cleveland who has since retired. 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. 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. 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. Romy L. Lerner, Immigration Judge, Miami (Krome) Immigration Court. They landed near Hidalgo, Texas. And according to the Department of Homeland Security, most of those coming across the border without authorization since are from Mexico. Talking with her former colleaguesmany of whom are now also her friendsis an uplifting experience.