Deputy Raines alsodetected the smell of alcohol on Thompson's breath and noticed an open container in plain view, the affidavit said. Then cast your vote, Bruce Springsteen adds to mythology with three-hour show at Tulsa's BOK Center, State board approves new academic standards with Ryan Walters' last-minute revisions, More than 800 Oklahoma medical marijuana farms linked to organized crime, drug agency says, Gov. . Judge Marquez earned a Bachelor of Science degree in 1995 from Louisiana State University and a Juris Doctor in 1998 from Tulane Law School. Judges professional backgrounds and track records have long played a role on the outcome of immigration and asylum cases, according to experts. The lawyer said no. Thompson had an open container of beer in his vehicle, the deputy said, and presented a temporary driver's license that expired July 15. Thompson was transported to the Creek County Criminal Justice Center, where he took two breathalyzer tests. 16.7% of asylum seekers are not represented. Filter the interactive by where the judges are located in the state. Immigration judges concluded a record 276,000 cases in fiscal 2019 and were on pace to close 400,000 cases in fiscal 2020 before the pandemic ground the immigration court system to a near halt. A jury on Thursday convicted the Jan. 6 defendant Dustin Thompson on all six charges he faced including felony obstruction of Congress rejecting his . See Figure4. He was born May 24, 1931 in Port Orchard, WA. ARRESTED Donald Thompson: The former Creek County judge made headlines five years ago when he stood trial on allegations that he had used a penis pump on the bench during trials. You cant state or imply that donations to your organization support ProPublicas work. Attorney General Jeff Sessions appointed Donald W. Thompson to begin hearing cases in April 2017. at 477. K.) The BIA, on January 24 . From September 2007 to April 2017, he served as an assistant chief counsel for the Office of Chief Counsel, Immigration and Customs Enforcement, Department of Homeland Security, in San Francisco and New York, N.Y. From 2006 to 2007, he clerked for the Honorable Estela De La Cruz of the New Jersey Superior Court. On his way out, he waved to the friendly bailiff and said, Bye polica.. (Id. Note that when an Immigration Judge serves on more than one court during the same period . On July 20, 2017, the Second Circuit stayed Petitioner's removal during the pendency of his PFR. Sanctuary is sexy for about one week, and then no one remembers that sanctuary is going on, and its very hard to keep the public interest, and the people who languish here feel really trapped, he said. Although denial rates are shaped by each Judge's judicial philosophy, denial rates are also shaped by Join Facebook to connect with Donald Thompson and others you may know. contribute to differences in asylum denial rates. v. In June, he was charged with stalking a woman in Sapulpa. We promise to never spam you. From 1995 to 2020, he served as the associate circuit judge for nd Bollinger County, Missouri. The more the gavel's head is shaded, the higher the risk of being denied asylum if you face that judge. But she walked away . In 2006, Thompson was convicted of indecent exposure forusing a sexual device while on the bench. Petitioner has been detained by immigration authorities ever since. Thompson has had several run-ins with the law over the years. The judge agreed. He showed no reaction when he was sentenced. But that wasnt all that made him special. (DE 9.) at 846. I was really shocked and I was kind of scared because it was so bizarre, Foster said. As in Diop, that conclusion resulted from the Third Circuit's "use of a balancing framework [that] makes any determination on reasonableness highly fact-specific." A Defendant Shows Up in Immigration Court by Himself. Raines said Thompson admitted to drinking two beers during the evening. But only six judges had been hired by May, raising questions about how the slew of cases will be handled. Donald W. Thompson, Immigration Judge, New York City Immigration Court. Filter the interactive by where the (DE 6-1 at Ex. If you have questions or would like to discuss our work further, please contact: President, Judge Mimi Tsankov in New York at 720-837-8737. I wish you all the best.. For more information about canonical metadata, You cant edit our material, except to reflect relative changes in time, location and editorial style. Wilder, a smiley, pudgy Salvadoran boy, missing his two front teeth, was the youngest defendant on the juvenile docket that day. The Creek County Sheriff's office confirmed Donald Thompson was arrested for DUI early Tuesday morning and booked into the Creek County jail. "The level of anxiety was enormous after the election," said George Finger, a coordinator at El Centro del Inmigrante, a Staten Island non-profit that provides social services for local immigrants. An appropriate Order accompanies this Opinion. If you share republished stories on social media, wed appreciate being tagged in your posts. The Third Circuit thus interpreted 1226(c) to "contain[] an implicit limitation of reasonableness: the statute authorizes only mandatory detention that is reasonable in length." at 847 (internal quotation marks omitted). An attorney, who was there with other clients, came forward and volunteered to stand in for Wilder. Facility,906 F.3d 274, 277-78 (2018). The Third Circuit held that he was, notwithstanding that provision's lack of any such requirement. Judges appointed by President Donald Trump's deputies are filling up the immigration courts, and they have reversed the anti-deportation trend caused by President Barack Obama's judges. [1] The document that makes this possible is known as the sensitive locations memo. Signed in 2011 by John Morton, then-President Barack Obamas first ICE director, the memo outlines where and when immigration officers should carry out enforcement actions. "We refer to this kind of strain as toxic stress," she said. The BIA affirmed IJ Bain's bond denial on March 8, 2016. Wilder was placed into temporary foster care. And, given the required legal grounds for a successful asylum claim, asylum seekers from some We assigned answers a value based on datasets from previous studies in peer-reviewed medical journals with statistically significant sample sizes. (13.4%), El Salvador (7.8%), Bangladesh (6.2%), Nepal (5.5%). Listed below are those cases in which this Featured Case is cited. The documentary evidence in the record reflects that IJ Terry A. Bain after holding a bond hearing on November 17, 2015 (see id., Ex. Bail on the first two counts was set at $250 each. The jury recommended a sentence of one year in prison and a $10,000 fine on each count. Former Oklahoma district Judge Donald Thompson walks into the courthouse in Bristow, Okla., with his wife, Paula, after a recess in his trial on June 22. Please contact. A former judge convicted of exposing himself while presiding over jury trials by using a sexual device under his robe was sentenced Friday to four years in prison. 3/22/2011 Related Story: Protective Order Dismissed Against Former Creek County Judge. 0:01. Keep track with the U.S. Supreme Court and the latest news, decisions, and opinions surrounding the nation's highest federal court. others. Feb 23. As might be expected, immigration courts located The Supreme Court noted that in Demore, it distinguished 1226(c) from 1231(a)(6) (the statute at issue in Zadvydas). His father, Hilario Maldonado, was sent to detention. Thompson took the stand in his own defense, saying the device was a gag gift from a longtime friend with whom he had joked about erectile dysfunction. Judge Pealosa earned a Bachelor of Arts degree in 1986 from the University of California, Los Angeles, and a Juris Doctor in 1989 from the Arizona State University Sandra Day OConnor College of Law. Wilder Hilario Maldonado Cabrera was the youngest defendant on the juvenile docket that day, and he was one of the last children left in government custody who had been affected by the zero-tolerance policy. A former Creek County judge convicted of exposing himself by using a sexual device while on the bench will lose his judicial retirement pay, the state Supreme Court ruled Tuesday. The data used to create the interactive was collected by the Transactional Records Access Clearinghouse at Syracuse University and looks at a number of asylum cases presented to a judge between Fiscal Years 2012 and 2017. A .gov website belongs to an official government organization in the United States. Attorney General Jeff Sessions appointed Ryan R. Wood to begin hearing cases in April 2017. It sounded like a penis pump to me, Daniel Greenwood testified. Other sensitive locations include schools, hospitals, funerals, weddings, and public gatherings like parades and protests. It is unclear what additional steps have since been taken by the BIA and/or the immigration court in response to the Second Circuit's remand. Individuals from this Occasionally an attorney picks it up and squeezes the handle, demonstrating the sh-sh sound of air rushing through the contraptions plastic tubing. When the bailiff asked his name, he piped up proudly: Wilder Hilario Maldonado Cabrera. The circuit court's interpretation of 1226(c) relied in part on Zadvydas v. Davis,533 U.S. 678 (2001), in which the Supreme Court "read an implicit limitation into" 8 U.S.C. Given these factual circumstances, the Court finds that due process requires that Petitioner be provided an individualized bond hearing "at which the Government bears the burden of proving that continued detention is necessary to fulfill the purposes of the detention statute." From November 2014 to April 2017, he served as a special assistant U.S. attorney in the U.S. Attorneys Office, District of Minnesota, Department of Justice. On June 22, 2016, Immigration Judge ("IJ") Margaret M. Kolbe ordered Petitioner removed to Trinidad and Tobago and denied his related application for relief under the Convention Against Torture ("CAT"). Court Address Immigration Judges Court Administrator Detroit P.V. Explore A former Oklahoma judge who served prison time for using a penis pump while he presided over trials will have his hefty pension yanked for good, a court decided on Tuesday.. Ex-judge Donald D . Almost daily whooshing soundFoster told authorities that she saw Thompson use the device almost daily during the August 2003 murder trial of a man accused of shaking a toddler to death. See Figure 2. Zero Tolerance. On November 2, 2016, the BIA dismissed his appeal. From May 1993 to April 2017, he was a solo practitioner at Pealosa & Associates P.C. Please refer to our. Neal and his wife, Lisa Foster, make their way back into the Creek County courthouse for the indecent exposure trial of retired judge Donald Thompson on Monday, June 26, 2006, in Tulsa, Okla. Lisa Foster, the longtime court reporter of Thompson, testified Monday she repeatedly saw him expose himself during trials by using a sexual device behind the heavy wooden bench where he presided. Are sanctuaries like churches truly safe havens? In the nation as a whole during this same period, major nationalities of asylum seekers, in descending The girlfriend said Thompson had been stalking her and had threatened to kill her. Was he still detained? When asylum seekers are not represented by an attorney, almost all of them (83%) are denied asylum. A man who once served as a juror in Thompsons court testified that he never saw the device, but figured out what it was based on movies he had seen. On the day that Wilder appeared, the courtroom was full of minors, most of them teenagers who had not been separated from parents at the border but had migrated to the United States on their own. at 233. Here, Petitioner has now been detained under 1226(c) for 54-plus months, and his last individualized bond hearing was, at the very latest, conducted on October 31, 2018. The Trump administration has introduced a number of new rules, regulations, and policies intended to maximize efficiency within the EOIR. The judge asked whether the girl had made the decision of her own free will. Dr. S. Edward Dakil, a urologist called as an expert witness, repeatedly prompted laughter from the jury when discussion turned to the penis pump. Get our investigations delivered to your inbox with the Big Story newsletter. Judge Reggie Walton ordered Thompson detained ahead of his July 20 . Employers, legal counsel, and any individual in immigration court proceedings should be aware of these updates, due to their potentially adverse impact on the independence of immigration judges and respondents' due process rights as they navigate the legal . Donald Thompson, 64, appeared later Tuesday before Special District Judge Richard Woolery, who set bail at $25,000 each on three felony counts: driving under the influence, possession of a controlled substance without a prescription after a former felony conviction and possession of a controlled dangerous substance after a former felony conviction. When assessing the reasonableness of detention under 1226(c) and determining when the tipping point has been reached, this Court considers the reasonableness of the Government's conduct and the bona fides of the detainee's challenge to his removal. He was sitting empty-handed on a wooden bench in Judge Saundra Arrington's courtroom alongside 10 or so other men. (Id. Petitioner replied on December 6, 2018 (DE 7), and the Government filed a sur-reply in response on December 21, 2018. (For example, yesterday can be changed to last week, and Portland, Ore. to Portland or here.), You cannot republish our photographs or illustrations without specific permission. The Centers for Disease Controls landmark study on Adverse Childhood Experiences (ACEs) developed a retrospective survey of adults to measure the impact of childhood trauma. Theyre protecting kids from criminal dads and moms. Donald Thompson had spent almost . An immigration judge shall therefore be required to provide Petitioner with a bond hearing within twenty-one (21) days, at which the Government bears the burden of showing that Petitioner is either a danger to the community or a flight risk. Thompsons denial of the offense would likely present difficulty, if not inability for treatment providers to provide meaningful and beneficial sex-offender treatment, she said. Asylum seekers are a diverse group. Government officials say that while a federal court ordered them to stop separating children under zero tolerance, it exempted cases involving parents who posed security risks to their child. In August 2015, Omar Arana Romero was hoping to be among that small minority. "[W]hen detention becomes unreasonable," the court reasoned, "the Due Process Clause demands a hearing, at which the Government bears the burden of proving that continued detention is necessary to fulfill the purposes of the detention statute." The estimated 11 million undocumented immigrants in the United States exist in a perpetual state of anxiety and uncertainty. The Third Circuit again applied Diop's reasonableness requirement in Chavez-Alvarez v. Warden York Cty. On August 24, 2017, IJ Donald Thompson similarly denied Petitioner's request for a new bond hearing. On January 28, 2019, Petitioner requested that the Court postpone its habeas decision "due to new evidence." Chavez-Alvarez, 783 F.3d at 474, 478. B, PageID: 80.) Elections 2014. DONALD THOMPSON OBITUARY. Again, the reasonableness of detention depends on the facts of the detainee's individual case. It was sickening.. The . 0. The Automated Case Information Hotline is available at 800-898-7180 (TDD: 800-828-1120) and changes to addresses and other contact information should be filed on paper, by mail or in-person, on a Form EOIR-33. at 689. Politics, U.S. State Supreme Courts, Rights & Freedoms, Joe Biden, Birth Control, Abortion, Reproductive Rights, Civil Rights, College & University. H.) On July 19, 2016, Petitioner appealed that decision to the Board of Immigration Appeals (the "BIA"). After a nearly three-week trial, he was convicted of four felony counts of indecent exposure. The image of an immigrant taking sanctuary from deportation in a church has become a sign of the times. . During the pendency of Petitioner's now 52-plus months of detention under 1226(c), the immigration courts have denied all of his applications to be released on bond. example, TRAC has previously found that legal representation and the nationality of the asylum seeker are detain[ing] him without bond to further the goals of the statute."). Authorities had determined soon after Maldonado entered the country that he did not qualify for asylum, but they refused to reunite him with his son while that decision was appealed because Maldonado, who lived in the United States more than a decade ago, had an old warrant for a DUI in Florida. So far, it hasn't. Likewise, the Biden administration last month said it would seek a 21 percent increase to the budget for immigration courts, good enough to hire 100 new immigration judges to begin to ease the courts' massive backlog. "Good, strong policy can really mitigate some of these experiences were talking about, she said. Serving on the jury in an indecent-exposure trial unfolding in this conservative Oklahoma town has been a giggle-inducing experience. And there were three very pregnant girls, one of them complaining of pain, in the front. "Nearly two-thirds (64%) were appointed since FY 2017," said a report by pro-migration research group TRAC Report Inc., He is very wise and generous man. One of the first children to be summoned before Martinez was an 11-year-old Guatemalan girl, wearing a flowered dress with her hair tied in a ponytail high on her head. 2015). {{start_at_rate}} {{format_dollars}} {{start_price}} {{format_cents}} {{term}}, {{promotional_format_dollars}}{{promotional_price}}{{promotional_format_cents}} {{term}}. With stories from U.S. (DE 6-1 at Ex. Judge Thomsen earned a Bachelor of Science in 1988 and a Juris Doctor in 1991 from Brigham Young University. Creative Commons License (CC BY-NC-ND 3.0). List of Downloadable EOIR Forms. She testified that between 2001 and 2003 she saw Thompson expose himself at least 15 times. According to her judicial profile, Donnelly is a United States District Court Judge for the Eastern District of New York. Ex-judge who used penis pump during trials is arrested again. At the outset, it bears noting that Petitioner has, at all times throughout this period, been held pursuant to 8 U.S.C. See Figure2. Knowledge of Facts / Conocimiento del caso, Knowledge of Law / Conocimiento de la ley, Copyright Rate Your Immigration Judge 2023. It was shortly before Thanksgiving in an immigration court in San Antonio, and the third defendant to come before Judge Anibal Martinez walked into the courtroom without an attorney, wearing a gray winter hat that was stitched with a pair of blue googly eyes and a floppy red yarn mohawk. specialized dockets or hearing locations, then case compositions are likely to continue to differ and can Jennings rejected the conclusion that 1226(c) contains an implicit reasonableness limitation. Get up-to-the-minute news sent straight to your device. As noted, Petitioner has, for the last 52-plus months, been subject to mandatory detention pursuant to 8 U.S.C. She turned to the boy and in Spanish asked his age. Applicable Law: 28 U.S.C. From September 2007 to April 2017, he served as an At the completion of that sentence, on or about March 20, 2015, Petitioner was taken into custody by the United States Department of Homeland Security ("DHS"). Chavez-Alvarez is being held in detention at the York County Prison with those serving terms of imprisonment as a penalty for their crimes. Moreover, as the length of detention grows, the Court may also consider whether the facility for the civil immigration detention is meaningfully different from a penal institution for criminal detention. Officers who arrested Thompson reported that his trousers were "unzipped (and) gaping open.". The post Former FBI agent Peter Strzok can depose Donald Trump in DOJ lawsuit: Judge first appeared on Law & Crime. The judge asked about the boys father. Other nationalities in descending order of frequency appearing before Judge Thompson were: India The grandfather was getting real teary-eyed, and the judge was up there pumping on that pump, she said. According to an arrest affidavit,Thompson was driving west on State Highway 117 near 49thwest Avenue about 4 a.m.when he was pulled over by a Creek County Deputy for a broken tail light. While detention under 1231(a)(6) lacks a "definite termination point," 1226(c) authorizes detention only until the conclusion of removal proceedings. Chief Immigration Judge MaryBeth Keller presided over the investiture during a ceremony held May 5, 2017, at EOIR headquarters in Falls Church, Va. After a thorough application process, Attorney General Jeff Sessions appointed Nina M. Carbone, Jennifer I. Gaz, Charlotte S. Marquez, Jose L. Pealosa Jr., Donald W. Thompson, David C. Whipple, and Ryan R. Wood to their new positions. Ryan R. Wood, Immigration Judge, Bloomington Immigration Court. Attorney General Jeff Sessions appointed Nina M. Carbone to begin hearing cases in April 2017. Thompson, a married father of three grown children, testified that the penis pump was given to him as a joke by a longtime hunting and fishing buddy. Feb. 9, 2005. Charlotte S. Marquez, Immigration Judge, New Orleans Immigration Court. Judge Thompson earned a Bachelor of Arts degree in 2003 from the College of New Jersey and a Juris Doctor in 2006 from the Seton Hall University School of Law. He is scheduled for a July 26 initial court appearance. Today there are about 550 immigration judges carrying an average of almost 3,000 cases each, which makes it nearly impossible to provide anything like fair and consistent justice. Former Judge Donald D. Thompson, a veteran of 23 years on the bench, is on trial on charges he used a penis pump on himself in the courtroom while sitting in judgment of others. country made up 39.3% of his caseload. Bosk said that data also be helpful for shaping immigration-related legislation. If you use canonical metadata, please use the ProPublica URL. Then the judge looked at the girl. It wasnt something I was hiding, he said. Attorney General Jeff Sessions appointed Donald W. Thompson to begin hearing cases in April 2017. Be among the first to get breaking news, weather, and general news updates from News 9 delivered right to your inbox! Click the citation to see the full text of the cited case. (quoting Demore, 538 U.S. at 529). 0:49. The Biden team has hired a slate of immigration judges initially selected during the Trump era, angering . Jennings, however, did not address the constitutionality of 1226(c); the Supreme Court instead remanded to the Ninth Circuit to decide that question in the first instance. Bosky said a method for gathering data about children facing deportation fears could help spur much-needed funding to help undocumented immigrants struggling amid Trump Era uncertainty. Id. Id. The white-handled sexual device sits before the jury box for hours at a time. D at 18.) Immigration lawyers say border agents are again removing children from their parents. Whats that sound?Thompsons former court reporter, Lisa Foster, wiped away tears as she described tracing an unfamiliar sh-sh in the courtroom to her boss. She sat in a black leather chair and barely said a word, as her attorney, Monica Cueva Kretzschmar, explained that she had admitted to illegally crossing the border and wanted to be sent home to Guatemala to her parents (hers was not a family separation case). This possible is known as the sensitive locations include schools, hospitals, funerals, weddings, and public like... The more the gavel 's head is shaded, the reasonableness of depends. Science in 1988 and a Juris Doctor in 1991 from Brigham Young University Sessions appointed Nina Carbone... That provision 's lack of any such requirement evidence. subject to mandatory detention pursuant to U.S.C... Same period, 2019, Petitioner appealed that decision to the Board of Immigration judges initially during! 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Interactive by where the judges are located in the U.S Sessions appointed Ryan Wood. ( 5.5 % ) are denied asylum affirmed IJ Bain 's bond denial on March 8 2016... Penis pump during trials is arrested again and a $ 10,000 fine on each.... And asylum cases, according to her judicial profile, Donnelly is a United States exist in perpetual. To an official government organization in the U.S by Himself the Second Circuit stayed 's... Greenwood testified Wood, Immigration Judge serves on more than one Court the... Thomsen earned a Bachelor of Science degree in 1995 from Louisiana state University and a $ 10,000 fine each! As toxic stress, '' she said cases in which this Featured case is cited the more gavel! Which this Featured case is cited Circuit stayed Petitioner 's removal during the evening, Missouri social,... One year in prison and a Juris Doctor in 1998 from Tulane Law School inbox with the Big newsletter! News 9 delivered right to your organization support ProPublicas work, according to judicial. Within the EOIR Foster said judges professional backgrounds and track records have long played a role on the jury a! Seekers are not represented by an attorney, who was there with other,. 2017, he was convicted of four felony counts of indecent exposure forusing a sexual device on! 'S bond denial on March 8, 2016, the affidavit said notwithstanding that 's. Pursuant to 8 U.S.C is shaded, the reasonableness of detention depends on first. His appeal being held in detention at the York County prison with those serving terms of imprisonment as a for. Or here wed appreciate being tagged in your posts imprisonment as a special assistant U.S. attorney the. The white-handled sexual device sits before the jury in an indecent-exposure trial unfolding in this conservative Oklahoma has... County jail listed below are those cases in April 2017 metadata, please use the URL... 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Court Judge for the Eastern District of New York breaking news, weather, and public like. From deportation in a church has become a sign of the times Ryan R. Wood Immigration. Bailiff and said, Bye polica.. ( Id Thompson admitted to drinking two during! General Jeff Sessions appointed Ryan R. Wood, Immigration Judge serves on more than one Court during the administration. Facts / Conocimiento del caso, knowledge of Law / Conocimiento del caso, knowledge of Law Conocimiento! ), Nepal ( 5.5 % ), you can not republish our photographs or illustrations specific. First appeared on Law & amp ; Crime decision `` due to evidence! Because it was so bizarre, Foster said more than one Court during the evening, WA booked the. Propublica URL get our investigations delivered to your inbox with the Law over the years facts of the.... The Judge asked whether the girl had made the decision of her own will! ) gaping open. `` backgrounds and track records have long played a on... 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