Were more productive if theyre comfortable, she says. In a 2016 report, the GAO found that little had changed. 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. I didnt have to scare or browbeat people into my decisions, says Judge Marks. Reuters Investigates offers several ways to securely contact our reporters, Before, no one wanted to say anything about the gangs, Gutierrez said. Theres also an imbalance of power in the courtroom and the fear of retaliation. 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. From 1994 to 1995, he served as a staff attorney with the New Mexico Court of Appeals. 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. 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. These are life or death matters. Reviews Deals She remains active today as president emerita. 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. 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. Oh, my goodness, says Donald Ungar, now retired, as he thinks back to his first impressions. In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus of immigration judges. She was always there for me, emotionally and intellectually.. The kidnappers released her and her two sons near the U.S. border. The year before, according to police records in Honduras, gang members killed a school security guard. She explains things well. 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 Individuals can sign up for a court watch training at bit.ly/courtwatch1. These are life or death matters. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. Nationality and filing a case with the right judge played a role in cases were asylum was granted, according to the data. Immigration Court. From 2013-2018, she worked as an immigration attorney. I burst into tears and ran into Danas office for support. Dana Marks, president of the National Association of Immigration Judges, said each case is like a 1,000 piece puzzle. While two cases might look identical on the surface, she said, each judge has to weigh the nuances of immigration law to allow someone to stay in the country, which could lead to different outcomes. 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. She quickly discarded that notion. 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. She quickly packed some backpacks for her and her children and called the only friend she knew who had a car. Alumni Relations. From 2020 to 2022, she served as a staff attorney in 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. 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. SAS Output. The other 27 immigration judges will serve across the country on 19 immigration courts. Judge Dalin Holyoak, who heard Gutierrezs case in San Francisco, orders deportation in 43 percent of cases. More than 300 judges are spread among 58 U.S. immigration courts in 27 states, Puerto Rico and the Northern Mariana Islands. Michael Short / Special to The Chronicle 2019. And according to the Department of Homeland Security, most of those coming across the border without authorization since are from Mexico. U.S. Department of Justice U.S. Department of Justice. 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. 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. I have nothing in Mexico. FY 2015-2020. EOIR held a two-day training session last year. Visit theBorderReport.com homepagefor the latest exclusive stories and breaking news about issues along the United States-Mexico border. The San Francisco Immigration Court fast-tracked cases of immigrants who weren't getting their mail. 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. 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. The Reuters analysis used data from the Executive Office for Immigration Review (EOIR), the U.S. Justice Department unit that oversees immigration courts. In immigration court, the asylum seeker is typically the only witness. 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. Juan is not alone in his grievances. 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.". The information is gathered by experienced and trusted Nexstar Media Group journalists hired specifically to cover the border. Three percentconcluded with retirement, resignation or termination, and none gave rise to other disciplinary actions like reprimand or suspension. That statement is misogynistic and very shocking to me.. . Judge Marks, in keeping with her upbeat character, reflects on the pluses of her role. On the journey, they were kidnapped common for Central American migrants and held for a $3,500 ransom. 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. Former immigration judge Rebecca Jamil in Fremont, California, on Dec. 28, 2018. There are complaints that were made because someone is not happy that they lost a case, and those claims need to be taken with a grain of salt, Schmidt said. 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. She was so good to him. This was something Judge Marks had learned from her experience with her own clients. Hon. The clients loved her, says Ungar. She showed us all how to be fierce advocates for justicefor what is true and right and justwithout crossing over lines, says Judge King. 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. Coincidence or not, denial rates have shot up more than 30% since Donald Trump became president. 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. Sandra Gutierrez joined her husband in California, where her case was heard by a San Francisco immigration court judge. 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. Every story is individual, she says, and every person deserves to be heard. She is known for her fierce advocacy for the court. Treats immigrants, witnesses, and practitioners in an unprofessional and hostile manner. Her door was always open, says Judge King. Im not judging whether you employed illegals. 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. 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. 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. Immigration Judges Across The US Are Staying Home After The Coronavirus Hit Courtrooms. Ill have to weigh my options and consider how bad it is before I stick my neck out there.. 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. 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.. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. 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* . John W. Richardson, Immigration Judge, Phoenix, 1990-2018. . William L. Abbott decided the largest number of cases (344) in fiscal year 2020 and denied 89.2% of them (307). Immigration courts in California and the Pacific Northwest fall under the 9th U.S. About half the cases in the analysis were filed by asylum seekers like the two Honduran women. Legal Aid at Work. When she started, she was one of few women. [ 72 FR 53677 , Sept. 20, 2007, as amended at 79 FR 39956 , July 11, 2014; 85 FR 81655 , 81750, Dec. 16, 2020] I am not going to risk my childs life. . 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. She is known for her compassion and fairmindedness. Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. Lack of legal counsel handicaps asylum seekers, but judges also biased against migrants of color, advocates say. On December 18, 2020, the EOIR announced the investiture of an additional 14 immigration judges. She petitioned the BIA through new lawyers to reopen her case and send it back to the immigration court to allow her to present new evidence of her persecution. 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. Three led to oral counseling. How do I know this? New Company Ratings Recent Salaries by Company. One grant from Dallas-based Meadows Foundation includes $56,000 for legal services for incarcerated petitioners. 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. He is especially unsuited to hear cases involving survivors of torture applying for asylum and other forms of immigration relief. 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. 2020-03-20T04:49:42Z 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. Because these complaints rarely generate substantial disciplinary actions and there isa fear of retaliation from the judges, immigration attorneys and their clients often hesitate toreport misconducts, said Austin Kocher, a research associate professor at the Transactional RecordsAccess Clearinghouse (TRAC), a research instituteat Syracuse University. Their nature ranged from alleged due process violations to concerns over in-court conducts, records show. 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). It is unclear why the judge was absent. In 2012, ICE agents arrested Juan at his home and put him in deportation proceedings. It was June 11, 2018, and then-attorney general Jeff Sessions, her boss . The murders, like more than 93 percent of crimes in Honduras, remain unsolved. 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. But the patrols left after a few weeks, probably intimidated by the gangs. Gutierrez hid for two months at her friends mothers house outside Tegucigalpa. Yilun Cheng is a Report for America corps member andcovers immigration issues for the Dispatch. 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. Opinion by Judge Owens * The Honorable Morrison C. England, Jr., United States Senior District Judge for the Eastern District of California . People show up in our office (and) they have no idea why someone wants to kill them. Gutierrez contacted relatives who wired the money. She remains active today as president emerita. 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. The most common payscale is General Schedule. 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. It then created a system for the public to file complaints against immigration judges. After her, all these really amazing women came to the bench, says Shugall, women Judge Marks mentored and encouraged to apply for the bench. After graduating law school at age 23, Judge Marks went into private practice at Simmons & Ungar. She helped start that trajectory, says Shugall. Charles R. Davis. 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. STEP 2: Apply for Asylum STEP 3: Fingerprinting and Background/Security Checks STEP 4: Receive an Interview Notice STEP 5: Interview STEP 6: Asylum Officer Makes Determination on Eligibility and Supervisory Asylum Officer Reviews the Decision STEP 7: Receive Decision Related Links Close All Open All Last Reviewed/Updated: The 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 says her biggest success was seeingH.R. The Biden administration could move to unwind that decision. She first interviewed Judge Marks, then-president of NAIJ, for, Understanding the Crisis in Our Immigration Courts, Legal Alliance for Reproductive Rights (LARR), SF-Marin Lawyer Referral and Information Service. 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. 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. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. 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 longer a judge has been serving, the more likely that judge is to grant asylum. Before: Richard A. Paez and John B. Owens, Circuit Judges, and Morrison C. England, Jr., * Senior District Judge. 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. The Reuters analysis also found that an immigration judges particular characteristics and situation can affect outcomes. Judge Mabry is a member of the State Bar of Arizona and State Bar of New Mexico. Circuit Court of Appeals on Tuesday blasted its immigration. More Reuters investigations and long-form narratives, Got a confidential news tip? Now they had come to deliver a message to Gutierrez. They were allowed to stay in the United States in just 16 percent of cases, the Reuters analysis found. In late 2014, the two women were released on bond. She arrived at the Artesia detention center just weeks after Gutierrez. Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. Instead of submitting a complaint against Owen, however, the immigration attorney opted to voice his concerns in an appeal, which is currently pending. She and her lawyers declined to share more detailed information about her situation because she remains fearful of the gangs in Honduras. An immigrant was still four times as likely to be granted asylum by Holyoak in San Francisco as by Couch in Charlotte. Couch is the toughest of Charlottes three immigration judges, according to the Reuters analysis. 6577, Real Courts, Rule of Law Act of 2022introduced in Congress byRepresentative Zoe Lofgrenand passed by the House Judiciary Committee in May of this year. The appointments included former immigration judges who themselves ordered high rates of deportation on the bench, according to the Reuters analysis. She was always kind and patient with people who came before her. Filed December 16, 2020 . Gutierrez can live and work legally in the United States and will ultimately be able to apply for citizenship. Some of the supervisors discuss the complaint with the judge immediatelyand others dont. Transparent and . Posted November 10th, 2015. 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. 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. Ana fled with her daughter the night the gang members threatened them on the street. Immigration judges, appointed by the U.S. attorney general, are not authorized to speak on the record about cases. Its not that she is lying. Cases are assigned to an immigration court based on where the immigrant lives. From 2001-2013, Judge Farrar-Crockett was an attorney with the Louisville Metro Public Defender Office. Updated 10:55 AM EDT, Wed July 1, 2020 Link Copied! In January of 1987, she was appointed to the bench of the Immigration Court, US Department of Justice, Executive Office for Immigrationone of the first women and one of the first attorneys appointed from private practice. For example, U.S. government policy is more lenient toward people from some countries, less so for others. Two rival gangs the Barrio 18 and the Mara Salvatrucha, also known as MS-13 were operating brazenly in the neighborhood. Ana declined to be interviewed for this article. The situation in our country is getting worse and worse.. 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. . They said, Were going to kill themembers of the parent-teacher association to get them out of here. So the women fled.. Shuting Chen was appointed as an Immigration Judge to begin hearing cases in October 2022. Of the 28 immigration judges Sessions has appointed so far, 16 are former ICE prosecutors. She made it more proactive, trying to affect the law. Circuit Court of Appeals because her lawyer confused the deadline. 950 Pennsylvania Avenue, NW 950 Pennsylvania Avenue NW. They speak of a woman who broke through barriers, applied the law fairly and compassionately, fought hard fights, and inspired others to join her. ). In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus of immigration judges. Judge Butler earned a Bachelor of Arts in 2003 from Cornell College and a Juris . Attorneyseven conservativesrespected her., Judge Marks explains it another way. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. Anas response to Couchs extensive questioning played a part in the decision. In July, the BIA granted Ana the right to a rehearing in immigration court, sending her case back to Charlotte, where it could be heard again by Couch. The word Reviews; Business Tech; Finance; Markets; . Theres just a real lack of systematic accountability.. Talking with her former colleaguesmany of whom are now also her friendsis an uplifting experience. Numerous legal providers and community members have expressed strong concerns about Fords racist history influencing his work in San Francisco. 12/31/2020 4:34:37 PM . 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. Sep 2013 - Dec 20141 year 4 months. CLEs. 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. 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. She is known for her fierce advocacy for the court. They were elected in 2013 to the board of the parent-teacher association at their children's school in the Honduran capital, Tegucigalpa. The average salary for an Immigration Judge is $72,811 per Year in the United States. Judge Olivia Cassin in New York City allows immigrants to remain in the country in 93 percent of cases she hears. You really get those Perry Mason moments in immigration court. 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. Judge Marks says she was never bored. The majority come from government. 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. Lisa Knox, the lawyer who represented Gutierrez, said judges where she practices tend to give applicants the benefit of the doubt. In the 1980s, AILA (, ) was very stodgy, a reactive organization, Judge Webber says. Volunteer lawyers helped the women prepare and submit their applications for asylum. 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), . That experience, the Reuters analysis found, makes them 23 percent more likely to order deportation. SAN FRANCISCO (BCN) It did not take U.S. Immigration Judge Nicholas Ford long to stir up controversy in San Francisco. It has also been politically charged, as immigration courts fall under the jurisdiction of theUS Department of Justice (DOJ), Executive Office for Immigration Review (EOIR). 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. Couch wrote in his opinion that Anas difficulty recounting the names of the women on the association board weighed against her credibility. 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. We bought a bus pass to go to Guatemala and from Guatemala to Mexico and to the U.S.-Mexico border, according to her court testimony. The lawyers also argued that she was part of another particular social group as the family member of someone under threat, since the gangs had terrorized her son in trying to recruit him. Because there is no TurboTax for immigration law.. But the bulk of asylum seekers who came during the 2018-2019 migrant surge were Central Americans. Gutierrez moved with her boys to Oakland, California, to join her husband, and petitioned to have her case moved to San Francisco. Well-established law recognizes family as a protected social group, according to the Center for Gender & Refugee Studies. Argued and Submitted November 20, 2020 . Jamil adds Judge Markss tireless work for the union and giving a professional, female voice to immigration judges to her list of accomplishments. 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. The Honorable Merrick B. Garland The Honorable Lisa O. Monaco. Those appointed under Trump had ordered. 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., Kathleen Guthrie Woods is a long-time contributor to, San Francisco Attorneymagazine. The San Francisco immigration court doesn't have the kind of COVID-19 supplies that he saw in a Wisconsin courthouse in October 2020. Nature ranged from alleged due process violations to concerns over in-court conducts, show! 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