The clients loved her, says Ungar. 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. Help us advocate for . Washington, DC 20530-0001 Washington, DC 20530-0001. 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. That roster includes Judges Jamil, King, Miriam Hayward, Stockton, Webber, and Laura Ramirez. 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. I love the Wild West aspect of it., National Association of Immigration Judges. 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. Judge Dalin Holyoak, who heard Gutierrezs case in San Francisco, orders deportation in 43 percent of cases. The information is gathered by experienced and trusted Nexstar Media Group journalists hired specifically to cover the border. 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.. Ill have to weigh my options and consider how bad it is before I stick my neck out there.. 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. 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. The Honorable Merrick B. Garland The Honorable Lisa O. Monaco. Her door was always open, says Judge King. From 2020 to 2022, she served as a staff attorney in The Reuters analysis also found that an immigration judges particular characteristics and situation can affect outcomes. In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus of immigration judges. Two of them were dismissed. She is known for her intelligence and wit, having coined oft-repeated, appropriate zingers that help people better understand the challenges of immigration court, including Immigration judges do death penalty cases in a traffic court setting and Immigration is more complicated than tax law. But 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.. The other woman, Ana, joined her daughters father in the southeastern United States, andher case was assigned to an immigration court in Charlotte, North Carolina. I began to panic and shake, she said. The case is currently in the appeal process. Judge Lerner earned a Bachelor of Arts in 1999 from Columbia University and a Juris Doctorate in 2002 from Columbia University School of Law. In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus of immigration judges. 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 From 2013-2018, she worked as an immigration attorney. The new lawyers argued that her previous representation had been ineffective. 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. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. Judge Marks faced daunting challenges during her tenure. I didnt have to scare or browbeat people into my decisions, says Judge Marks. 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. Jamil adds Judge Markss tireless work for the union and giving a professional, female voice to immigration judges to her list of accomplishments. The Trump administration filled the openings and expanded the size of the bench,appointing 10 judges who currently make up the court. Central Americans are among the least successful at gaining asylum from U.S. immigration court judges, a Reuters analysis found. Nationality and filing a case with the right judge played a role in cases were asylum was granted, according to the data. This years 71.6% denial rate excludes those who didnt win asylum but were granted a stay of removal, otherwise itd be even higher. 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. A few years ago, when his case was reassigned to Riley, Juan heard from friends that the new judge was unusually harsh. Holyoak was convinced. She is known for her compassion and fairmindedness. Cases are assigned to an immigration court based on where the immigrant lives. 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. Judge Marks says her biggest success was seeingH.R. 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. 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. 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). Were more productive if theyre comfortable, she says. The courts facedand continue to grapple witha crisis of backlogged cases. Its just that she forgets things.. Legal Aid at Work. Circuit Court of Appeals on Tuesday blasted its immigration. She quickly discarded that notion. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. The clients loved her, says Ungar. More than 300 judges are spread among 58 U.S. immigration courts in 27 states, Puerto Rico and the Northern Mariana Islands. 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. . 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. Close to half the complaints were dismissed. Lt. Jonathan Scott Simpson '95 has been appointed Immigration Judge, San Francisco Immigration Court, by the Executive Office for Immigration Review. The 43-year-old father of three from Mexico,who asked to remain anonymous for fear of retaliation, had already gone through three hours-long hearings for his application to obtain permanent residency. The other 27 immigration judges will serve across the country on 19 immigration courts. 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. Phone number. STEP 1: Arrive in the U.S. 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. 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. This is the phone number you can use to contact the court's clerks or the judges' legal assistants. Corrective actions such as counseling or training were taken in 39 cases. Alumni Relations. Your donation to match our RFA grant helps keep her writing stories like this one. SAS Output. Volunteer lawyers helped the women prepare and submit their applications for asylum. Romy L. Lerner was appointed as an Immigration Judge to begin hearing cases in May 2022. REUTERS/Ross D. Franklin/Pool/File Photo. Juans case was initially assigned to Judge Thomas Janas, an immigration judge in Cleveland who has since retired. Talking with her former colleaguesmany of whom are now also her friendsis an uplifting experience. See how your salary compares to other Immigration Judges with Comparably. Couch and Holyoak and their courts are not rare outliers, the analysis found. 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. The majority come from government. The Reuters analysis used data from the Executive Office for Immigration Review (EOIR), the U.S. Justice Department unit that oversees immigration courts. One grant from Dallas-based Meadows Foundation includes $56,000 for legal services for incarcerated petitioners. 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. ICE has not released their estimate of how many cases would be cleared under this plan. Also, immigration judges are bound by precedents established in the federal appeals court that covers their location. TheCleveland Immigration Court, much like the rest of the country, saw dramatic personnel changes during Donald Trumps presidency. This material may not be published, broadcast, rewritten, or redistributed. Judge Mabry is a member of the State Bar of Arizona and State Bar of New Mexico. From there, cases can be appealed to federal appeals court. Demonstrates unlawful and inappropriate manifestations of bias in the courtroom. 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. 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." I burst into tears and ran into Danas office for support. Argued and Submitted November 20, 2020 . Decisions. 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. 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. No one isanillegal in this country. Jan. 27, 2020 4 AM PT HOUSTON Immigration Judge Charles Honeyman was nearing retirement, but he vowed not to leave while Donald Trump was president and risk being replaced by an ideologue. In New York City, 24 percent do. Filed December 16, 2020 . Emmanuel Olawale, a Westerville-based immigration attorney, said he has faced this dilemma firsthand. I saw the denial coming after seeing everything that Judge Riley was doing. You can't file a complaint one day against a judge and the next day come in with your client and expect the judge to treat them well. Couch wrote in his opinion that Anas difficulty recounting the names of the women on the association board weighed against her credibility. Michael Short / Special to The Chronicle 2019. 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. It is painfully apparent how much the clients we serve have overcome throughout their lives, says Roxana Moussavian, immigration attorney at Pangea Legal Services. Riley and Owens havedenied 89% and 96% asylum cases they were in charge of, respectively, since their appointment a few years ago. 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. 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. She was young, intelligent, interested in law, committed to immigration and immigrants, committed to people. In what has become a treasured memory for both of them, her job interview took place in a unique setting. I was the first to do the Families with Children Docket, which became known as rocket docket, Judge King recalls. Because there is no TurboTax for immigration law., The firm made a wise choice. This time, her lawyer included arguments about her membership in a particular social group. But it still astounded him when Riley calledMexican immigrants illegals while cross-examining his wife about the subcontractors that Juan employed at his construction business. Robert S. Hough had the highest denial rate (92.2%), according to TRAC. She remains active today as president emerita. Posted November 10th, 2015. As has been true in earlier years, having representation greatly increases the odds of winning asylum or other relief, TRACs Oct. 28 report says. Rate This Judge / Califica a Este Juez. ), 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. 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