People familiar with the system are well aware of the difference. 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. Juans case was initially assigned to Judge Thomas Janas, an immigration judge in Cleveland who has since retired. 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. Ana fled with her daughter the night the gang members threatened them on the street. Two rival gangs the Barrio 18 and the Mara Salvatrucha, also known as MS-13 were operating brazenly in the neighborhood. She is known for her fierce advocacy for the court. Men are more likely than women to order deportation, as are judges who have worked as ICE prosecutors. Those on the other side of the complaints the immigration judges also take issues with the EOIR discipline process. There, they applied for asylum. The majority come from government. 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. People show up in our office (and) they have no idea why someone wants to kill them. The judge denied her petition and ordered her deported. 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. Through her lawyers, she asked that her full name not be used because of her uncertain status and her fear that Honduran gangs could find her. Now they had come to deliver a message to Gutierrez. Additionally, the coalition is calling on the community to help hold San Francisco Immigration Court accountable. She first interviewed Judge Marks, then-president of NAIJ, forUnderstanding the Crisis in Our Immigration Courts(Spring 2015). Judge Butler earned a Bachelor of Arts in 2003 from Cornell College and a Juris . When she started, she was one of few women. Unaware of each others plight, both fled with their children, making the dangerous trek across Mexico. Decisions. 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. Ugarte says he felt elated when he learned he would appear before her, not because all cases were granted, but because you felt heard., Judge Markss generosity extended to her colleagues on the bench. Those who presented their petitions in Texas, Georgia and southern California had high denial rates, as well. 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. Shuting Chen, Immigration Judge, San Francisco Immigration Court . Disregards basic legal rules, causing undue prejudice and wasting public resources. Two of them were dismissed. Anas assertion that she learned from Gutierrez in detention about gang threats to the parent-teacher association was not persuasive, Couch wrote. 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. The rules of evidence are [only] a guide, theres no pretrial discovery, she says. One was closed because the judge in question had since retired. Another 35% ended with additional counseling or training of the judge involved. 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. Freedom for Immigrants is a 501(c)(3) non-profit based in California. 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. The courts in Dallas, Houston, Las Vegas and Atlanta also received the designation. 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. 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. 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. 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. The Honorable Merrick B. Garland The Honorable Lisa O. Monaco. 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. Who is Judge Marks, and how did she positively influence and impact so many lives? The question of equality of treatment among judges has gained urgency as the number of cases in immigration court has ballooned to record highs. She remains active today as president emerita. On December 18, 2020, the EOIR announced the investiture of an additional 14 immigration judges. *Today Judge Marks is known as NanaDana, a title that celebrates her role as caretaker for her granddaughter and helps people correctly pronounce her name (dan-uh, not day-nuh). They were elected in 2013 to the board of the parent-teacher association at their children's school in the Honduran capital, Tegucigalpa. In immigration court, the asylum seeker is typically the only witness. They have more understanding of trauma survivors and the difficulty they might have in recounting certain details and little discrepancies, she said. And three judges in San Francisco said yes to more than 90% of asylum seekers who came to their courts in 2020. 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. 12/31/2020 4:34:37 PM . The word Reviews; Business Tech; Finance; Markets; . The Trump administration filled the openings and expanded the size of the bench,appointing 10 judges who currently make up the court. 2018 or 2020, and 5% or . Theres just a real lack of systematic accountability.. 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. Laura Ramirez, Immigration Judge, San Francisco, 1997-2018. She quickly packed some backpacks for her and her children and called the only friend she knew who had a car. These are life or death matters. 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. 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 San Francisco Immigration Court fast-tracked cases of immigrants who weren't getting their mail. 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. In Atlanta, 89 percent of cases result in a deportation order. Immigration judges, appointed by the U.S. attorney general, are not authorized to speak on the record about cases. 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. Possible outcomes include asylum; adjustments of status; stay of deportation; and deportation. Its not consistent because a complaint usually starts out with the persons immediate supervisor being told, Marks said. The courts handle cases to determine whether an individual should be deported. 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: El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. Argued and Submitted November 20, 2020 . I came here when I was very young. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. Variations among judges and courts are broad. It has also been politically charged, as immigration courts fall under the jurisdiction of the, US Department of Justice (DOJ), Executive Office for Immigration Review (EOIR), . How do I know this? Senators Announce GAO Investigation of the Politicization and Mismanagement of Immigration Courts - September 14, 2020; Take Action. Knight Institute Calls on DOJ's Exe cutive Office for Immigration Review to Suspend Policy Silencing Immigration Judges, (Jan. 6, 2020), https: . The Reuters analysis used data from the Executive Office for Immigration Review (EOIR), the U.S. Justice Department unit that oversees immigration courts. Attorney General Jeff Sessions said in April that the Justice Department planned to hire more than 50 judges this year and 75 in 2018, which would put the total number of sitting judges above 400. They drove all night to her friends mothers house in another town. 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. Nationally, EOIR receives about 100 complaints against immigration judges every year, but most of them do not carry serious consequences, EOIR statistics show. Of the 28 immigration judges Sessions has appointed so far, 16 are former ICE prosecutors. The new lawyers argued that her previous representation had been ineffective. She was our fearless leader in the union, says Judge King, who was Union site representative in San Francisco while Judge Marks was president. U.S. Department of Justice U.S. Department of Justice. I got in that moment what that was going to be. Riley and Owens have. The other 27 immigration judges will serve across the country on 19 immigration courts. San Antonio-New Braunfels-Pearsall, TX $134,402 $144,678 $155,071 $165,580 $176,089 $183,300* $183,300* $183,300* San Diego-Carlsbad, CA $149,365 $160,785 $172,335 $183,300* $183,300* $183,300* $183,300* $183,300* . The head of the son was placed on the body of the mother and the head of the mother was placed on the body of the son. Well-established law recognizes family as a protected social group, according to the Center for Gender & Refugee Studies. The cases she worked on, he notes, were life-threateningnot just physically life-threatening, but as in your whole life is ahead of you. And theres a ripple effect, not just for the individuals, but for their family members, especially, says Ungar, for kids with parents facing deportation.. 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The Biden administration could move to unwind that decision. From 2000 to 2008, she served as a staff attorney for ASK Law Group, in Sherman Oaks, California. I burst into tears and ran into Danas office for support. Former immigration judge Rebecca Jamil in Fremont, California, on Dec. 28, 2018. Some of those asylum seekers told Border Report recently they hope their chances will improve once Joe Biden takes over the White House. 2020-03-20T04:49:42Z 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 Their nature ranged from alleged due process violations to concerns over in-court conducts, records show. Ana testified in her asylum hearing that she knew they were gang members because they were dressed in baggy clothing and they also had ugly tattoos all over their bodies and faces., Ana and her daughter ran home and then, fearing the gang would come after them, fled out the back door. Couch is the toughest of Charlottes three immigration judges, according to the Reuters analysis. She lost. 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. Ana declined to be interviewed for this article. Four of the 31 new immigration judges are assistant chief immigration judges who will oversee six immigration courts. Juans application for cancellation of removal was denied in November 2020. Those appointed under Trump had ordered. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. No one isanillegal in this country. Also, immigration judges are bound by precedents established in the federal appeals court that covers their location. With Riley, it felt like she just wanted me out. 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. From 2015 to 2022, she was the Associate From there, cases can be appealed to federal appeals court. 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 (. They speak of a woman who broke through barriers, applied the law fairly and compassionately, fought hard fights, and inspired others to join her. Judge Lerner earned a Bachelor of Arts in 1999 from Columbia University and a Juris Doctorate in 2002 from Columbia University School of Law. As the sole breadwinner in his family, he said his wife and kids would suffer emotionally and financially if he were deported. 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. Volunteer lawyers helped the women prepare and submit their applications for asylum. According to TRAC, denial rates were at 54.6% in fiscal year 2016 (the last full year of Barack Obamas presidency). 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. 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. She and her lawyers declined to share more detailed information about her situation because she remains fearful of the gangs in Honduras. The number of immigration judges Biden appoints will also affect the immigration court backlog, currently at 1.3 million cases. Its just that she forgets things.. Holyoak was convinced. 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. 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. The clients loved her, says Ungar. She explains things well. William L. Abbott decided the largest number of cases (344) in fiscal year 2020 and denied 89.2% of them (307). The courts facedand continue to grapple witha crisis of backlogged cases. 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. Visit theBorderReport.com homepagefor the latest exclusive stories and breaking news about issues along the United States-Mexico border. Judge Marks says her biggest success was seeing, H.R. I am very worried about her, Gutierrez said. The Reuters analysis also found that an immigration judges particular characteristics and situation can affect outcomes. 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. I began to panic and shake, she said. Groups like the Southern Poverty Law Center allege the Attorney Generals Office has weaponized the nations asylum courts against immigrants of color. Scott Bratton, president of AILA-Ohio, did not wish to comment on the complaint. The coalition argues that Judge Fords appointment is part of the Trump administrations deliberate policy to discourage and curtail immigration from every angle, particularly against black and brown immigrants. 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; . 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 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. Constanza Hevia H. / Special to The Chronicle 2020 In the 1980s, AILA (, ) was very stodgy, a reactive organization, Judge Webber says. 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. Talking with her former colleaguesmany of whom are now also her friendsis an uplifting experience. Jamil adds Judge Markss tireless work for the union and giving a professional, female voice to immigration judges to her list of accomplishments. I saw the denial coming after seeing everything that Judge Riley was doing. Denial Rate. She was our fearless leader in the union, says Judge King, who was Union site representative in San Francisco while Judge Marks was president. Judge Olivia Cassin in New York City allows immigrants to remain in the country in 93 percent of cases she hears. 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. Before: Richard A. Paez and John B. Owens, Circuit Judges, and Morrison C. England, Jr., * Senior District Judge. 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 also refers to herself as a sit-down comedian.), Attorneys who appeared before Judge Marks were impressed by her complete command of her courtroom. 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. CLEs. 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. . 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. 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. Gutierrez contacted relatives who wired the money. The firm made a wise choice. She showed us all how to be fierce advocates for justicefor what is true and right and justwithout crossing over lines, says Judge King. The third pointed a gun at Anas head. Hanrahan's last day as assistant chief immigration judge was May 7, capping a 14-month tenure as the top manager overseeing the 25 immigration judges and dozens of staff at the San Francisco court. Shes funny and insightful, she says. It is unclear why the judge was absent. The information is gathered by experienced and trusted Nexstar Media Group journalists hired specifically to cover the border. 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 Charlotte court that would hear Anas case was one of five jurisdictions labeled asylum free zones by a group of immigrant advocates in written testimony last Decemberbefore the Inter-American Commission on Human Rights. The Immigration Justice Program periodically runs legal education events (CLEs) and know-your-rights trainings for lawyers, legal workers, immigrant community members, and other allies and advocates. 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. Reviews Deals Do you know the people? 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. This material may not be published, broadcast, rewritten, or redistributed. 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. She is known for her fierce advocacy for the court. The average salary for an Immigration Judge is $72,811 per Year in the United States. I love the Wild West aspect of it., National Association of Immigration Judges. 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. It was a magic zone, says Ugarte, in part because when she made a decision, she bridged the gap in a politically charged environment. I didnt have to scare or browbeat people into my decisions, says Judge Marks. Pasadena, California . New Company Ratings Recent Salaries by Company. As has been true in earlier years, having representation greatly increases the odds of winning asylum or other relief, TRACs Oct. 28 report says. Riley stopped hearing cases for a few weeks in July and August, but returned shortly after, according to hearing schedules shared with the Dispatch. As ICE prosecutors found that an immigration Judge across the country on 19 courts. Reuters analysis also found that an immigration judges are assistant chief immigration judges who have worked ICE. Court shutdowns due to the parent-teacher association at their children 's school in the Honduran capital, Tegucigalpa as... Men are more likely than women to order deportation, as federal judges. She says that decision has weaponized the nations asylum courts against immigrants of color Biden! 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About issues along the United States-Mexico border her lawyers declined to share more detailed information about her, Gutierrez.!
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