San Francisco immigration judge begs officials to close her courtroom over coronavirus. I want to stay because of my kids, said Juan, who recently bought a new house for his family. Jeremy J. Butler, Immigration Judge, San Francisco Immigration Court. One was closed because the judge in question had since retired. Immigration attorneys and their clients are not the only ones who said they are distrustful of the judicial complaint process. Judge Monique Harris in Houston allows immigrants to stay in just four percent of cases. The judges in San Francisco, where I served, were told we could not schedule any cases in 2022 until our calendars showed that three cases were scheduled every day through the end of 2021. 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. Judge Marks faced daunting challenges during her tenure. He was invested on November 6 and will begin hearing cases this month. Reviews Deals 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. There are still good judges out there. I opened the first file, and there was a picture of the first respondent, probably less than a year old. I didnt have to scare or browbeat people into my decisions, says Judge Marks. Two officials in uniforms picked them up. Ill have to weigh my options and consider how bad it is before I stick my neck out there.. (Previously, appointments were considered promotions for prosecuting attorneys from INS.) 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. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. 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. Knowing that providing legal advice to asylum seekers can make a difference, one El Paso nonprofit applied for and got two private grants to provide these services. Circuit Court of Appeals on Tuesday blasted its immigration. 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. It is painfully apparent how much the clients we serve have overcome throughout their lives, says Roxana Moussavian, immigration attorney at Pangea Legal Services. Gutierrez said that was when she first learned that her fellow parent-teacher association board member had been threatened and had fled from home. After walking for an hour and a half, lost and desperate, Gutierrez and her sons sat down in the middle of a dirt road and waited for someone to pass. She made it more proactive, trying to affect the law. Shuting Chen was appointed as an Immigration Judge to begin hearing cases in October 2022. Individuals and organizations are encouraged to sign on to a public letter (bit.ly/removeford or bit.ly/fueraford) making the same request of EOIR and the DOJ. 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. BETWEEN WORLDS: Tens of thousands of Central Americans fleeing violence in their home countries overwhelmed U.S. immigration facilities like this one in Nogales, Arizona, in 2014. The San Francisco immigration court doesn't have the kind of COVID-19 supplies that he saw in a Wisconsin courthouse in October 2020. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. Who is Judge Marks, and how did she positively influence and impact so many lives? 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. 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. Her boys are in school. 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). Now, they were extorting teachers, selling drugs openly and assaulting or killing anyone who confronted them. She is known for her compassion and fairmindedness. Oh, my goodness, says Donald Ungar, now retired, as he thinks back to his first impressions. He is especially unsuited to hear cases involving survivors of torture applying for asylum and other forms of immigration relief. From 1994 to 1995, he served as a staff attorney with the New Mexico Court of Appeals. 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. Couch and Holyoak and their courts are not rare outliers, the analysis found. On the journey, they were kidnapped common for Central American migrants and held for a $3,500 ransom. She remains active today as president emerita. She was our fearless leader in the union, says Judge King, who was Union site representative in San Francisco while Judge Marks was president. After graduating law school at age 23, Judge Marks went into private practice at Simmons & Ungar. The longer a judge has been serving, the more likely that judge is to grant asylum. I got in that moment what that was going to be. 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. 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. 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. . That roster includes Judges Jamil, King, Miriam Hayward, Stockton, Webber, and Laura Ramirez. The clients loved her, says Ungar. I saw the denial coming after seeing everything that Judge Riley was doing. 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. From 2015 to 2022, she was the Associate Judge Mabry is a member of the State Bar of Arizona and State Bar of New Mexico. In Atlanta, 89 percent of cases result in a deportation order. She helped start that trajectory, says Shugall. According to TRAC, denial rates were at 54.6% in fiscal year 2016 (the last full year of Barack Obamas presidency). 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. The kidnappers released her and her two sons near the U.S. border. She was so good to him. This was something Judge Marks had learned from her experience with her own clients. 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 count of deportations included cases in which judges allowed immigrants to leave the country voluntarily. Immigrant rights organizations, attorneys file complaint against local Immigration Judge. Theres also an imbalance of power in the courtroom and the fear of retaliation. If someones a pretty virgin, is that a good reason for them to rape her in any context? Olawale said. 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. To give spirit to the letter of this budget . The Government Accountability Office studied some proposals for reform in 2017, without endorsing any particular model. This is the phone number you can use to contact the court's clerks or the judges' legal assistants. 415-705-4415. Riley and Owens havedenied 89% and 96% asylum cases they were in charge of, respectively, since their appointment a few years ago. Additional reporting by Gustavo Palencia and Kristina Cooke, By Mica Rosenberg in Oakland, California, and Reade Levinson and Ryan McNeill in New York, with additional reporting by Gustavo Palencia in Tegucigalpa, Honduras, and Kristina Cooke in San Francisco, Photo editing: Steve McKinley and Barbara Adhiya, Edited by Sue Horton, Janet Roberts and John Blanton. He jokes he decided to hire her the minute she insisted on paying her own fare. The older one, once threatened by gangs in Honduras, likes studying history and math and is learning to play the cello. 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. Posted November 10th, 2015. She quickly discarded that notion. Shes the GOAT of immigration judges! declares Francisco Ugarte, Manager of the Immigration Defense Unit of San Franciscos Public Defenders Office. From 2020 to 2022, she served as a staff attorney in Sixty-one percent of all complaints closed in the fiscal year 2020 ended up being dismissed. Lt. Jonathan Scott Simpson '95 has been appointed Immigration Judge, San Francisco Immigration Court, by the Executive Office for Immigration Review. Judge Dalin Holyoak, who heard Gutierrezs case in San Francisco, orders deportation in 43 percent of cases. In a 2016 report, the GAO found that little had changed. Sometimes after a court date, I would be so down that I would just say, Forget it, I should just leave.". A grant from El Paso Bar Foundation provides an additional $3,700 for the agencys Removal Defense unit. The situation in our country is getting worse and worse.. William L. Abbott decided the largest number of cases (344) in fiscal year 2020 and denied 89.2% of them (307). And three judges in San Francisco said yes to more than 90% of asylum seekers who came to their courts in 2020. People familiar with the system are well aware of the difference. 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. Decisions can be appealed to the Board of Immigration Appeals, an administrative body within the Department of Justice. 0% San Francisco; 0% Denver; 0% Dallas, TX; 0% Boston; 0% Los Angeles; 0% Atlanta; Salary Ranges for Immigration Judges. Robert S. Hough had the highest denial rate (92.2%), according to TRAC. Decisions. 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.". She can look back with satisfaction at the mass of people whose lives she helped, says Ungar. 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. Immigration court doesnt have contempt, so I had to use charm, she says. The lack of a transparent complaint process is especially concerninggiven this influx of new judges, who tend to come from enforcement backgrounds and lack experience on the bench, Nemecek said. The year before, according to police records in Honduras, gang members killed a school security guard. They were eventually transferred to the ICE detention center in Artesia. In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus 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. 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 state court had plexiglass barriers, an air. 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. CLEs. 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. With Riley, it felt like she just wanted me out. I was the first to do the Families with Children Docket, which became known as rocket docket, Judge King recalls. Anas response to Couchs extensive questioning played a part in the decision. Updated 10:55 AM EDT, Wed July 1, 2020 Link Copied! I thought, I have to go now. 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. 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. In response to the rising criticism, the Executive Office for Immigration Review began tracking decisions to identify judges with unusually high or low rates of granting asylum. Youre hearing stories of trauma and torture all day long, says Carol King, also a retired immigration judge, and the judge must then make decisions about peoples futures. Coincidence or not, denial rates have shot up more than 30% since Donald Trump became president. ), In a wish list of immigration proposals sent to Congress on Oct. 8, the White House said that lax legal standards had led to the immigration court backlog and that misguided judicial decisions have prevented the removal of numerous criminal aliens, while also rendering those aliens eligible to apply for asylum. Among the proposals offered in exchange for a deal with Congress on the roughly 800,000 dreamers children brought to the country illegally by their parents the Trump administration said it wanted to hire even more immigration judges and 1,000 ICE attorneys, while establishing performance metrics for Immigration Judges.. Judge Butler earned a Bachelor of Arts in 2003 from Cornell College and a Juris . I will believe things when they happen, if they happen, one Cuban migrant whos been living in Juarez said last week. The evidence indicates this is a case of criminal extortion that the respondent attempts to fashion into an imputed political opinion claim., Gutierrez said Ana told her in one of their occasional phone conversations that she felt intimidated by the intense questioning of the ICE attorney. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. I didnt have to scare or browbeat people into my decisions, says Judge Marks. 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 union representing immigration judges is suing the Trump administration over a policy they say censors judges. Attorneyseven conservativesrespected her., Judge Marks explains it another way. The average salary for an Immigration Judge is $72,811 per Year in the United States. 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. Visit theBorderReport.com homepagefor the latest exclusive stories and breaking news about issues along the United States-Mexico border. 2020-03-20T04:49:42Z Her door was always open, says Judge King. 2 Reviews. Those on the other side of the complaints the immigration judges also take issues with the EOIR discipline process. 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. Senators Announce GAO Investigation of the Politicization and Mismanagement of Immigration Courts - September 14, 2020; Take Action. Freedom for Immigrants is a 501(c)(3) non-profit based in California. She perseveres solely because she believes it is important to make a difference wherever you can.. Additionally, the coalition is calling on the community to help hold San Francisco Immigration Court accountable. In the San Francisco court, Gutierrezs lawyers argued that she qualified for asylum because as a leader of the parent-teacher association, she was at risk for her political opinion her stand against gangs and for belonging to a particular social group of Hondurans opposed to gang violence and recruitment in schools. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Antiterrorism and Effective Death Penalty Act (AEDPA). EOIR spokeswoman Kathryn Mattingly said the agency does not comment on external analyses of its data. We were the brave ones. During his time as an Immigration Judge, Ford has consistently terrorized community members through his hostile and unprofessional treatment of those in his courtroom. Judge Marks says she was never bored. The Transactional Records Access Clearinghouse, a research organization at Syracuse University in New York, first sounded the alarmabout disparities in immigration court decisions in 2006. The new six-member association board set about trying to improve security at the school, which sits on a dirt road behind a high wall topped with razor wire. We discussed cases together. In addition to helping her colleagues with the analysis of cases, Judge Marks was available for emotional support. When she started, she was one of few women. She works as an office janitor and is taking English classes. The womens lawyers framed their respective cases with some important differences. The majority come from government. Becoming involved with and leading theNational Association of Immigration Judges(NAIJ) was a natural extension of her skills and influence. The Biden administration could move to unwind that decision. 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. Because there is no TurboTax for immigration law., The firm made a wise choice. And then one day we went to lunch, and there they were.. But the bulk of asylum seekers who came during the 2018-2019 migrant surge were Central Americans. Of course, other factors influence outcomes in immigration court. You really get those Perry Mason moments in immigration court. And according to the Department of Homeland Security, most of those coming across the border without authorization since are from Mexico. An immigrant was still four times as likely to be granted asylum by Holyoak in San Francisco as by Couch in Charlotte. James Roder, the court administrator at the Cleveland Immigration Court, declined to offer a response. Four judges in Atlanta turned down 98 out of 100 asylum claims presented to them; nine judges in Houston said no 95% of the time. I love the Wild West aspect of it., National Association of Immigration Judges. Mattingly, the EOIR spokeswoman, said the agency takes seriously any claims of unjustified and significant anomalies in immigration judge decision-making and takes steps to evaluate disparities in immigration adjudications.. Gutierrez moved with her boys to Oakland, California, to join her husband, and petitioned to have her case moved to San Francisco. 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. OAKLAND, California The two Honduran women told nearly identical stories to the immigration courts: Fear for their lives and for the lives of their children drove them to seek asylum in the United States. 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. Ana fled with her daughter the night the gang members threatened them on the street. Combined, the nine judges in Boston decided 3,196 cases over the time period. But theyre not holding their breath. Hondurans enjoy no special considerations. 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. 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." Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. The courts facedand continue to grapple witha crisis of backlogged cases. 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. Hon. Of the 28 immigration judges Sessions has appointed so far, 16 are former ICE prosecutors. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. 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. 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. REUTERS/Ross D. Franklin/Pool/File Photo. Holyoak was convinced. These are life or death matters. U.S. Department of Justice U.S. Department of Justice. 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. A 1996 law expanded the definition of political refugees to include people who are forced to abort a child or undergo sterilization, allowing Chinese women to claim persecution under Beijings coercive birth-control policies. They must convince the court that they have well-founded fears of persecution in their country because of their race, religion, nationality, political opinions or membership in a particular social group. The union kept me intellectually stimulated, she 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. She deeply cared about due process, says Ugarte. She is known for her fierce advocacy for the court. 6577, Real Courts, Rule of Law Act of 2022, and passed by the House Judiciary Committee in May of this year. 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. In the Charlotte court, Anas lawyer focused more narrowly on her political opinion, arguing that she was at risk of persecution for her opposition to gangs in her position on the parent-teacher association board. Because there were no police here, (the gangs) did what they wanted," he said. 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. Judge Olivia Cassin in New York City allows immigrants to remain in the country in 93 percent of cases she hears. 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: 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. Judge Marks also thrived in this arena because she saw beyond the expectation that her role was solely to facilitate deportations; she saw the humanity inherent in the proceedings. 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. There is a fine line between judges taking a harshstance on immigration and their exhibiting unprofessional behaviors, saidPaul Schmidt, aformer immigration judge based in Arlington, Virginia, who retired in 2016. In New York City, 24 percent do. Is to grant asylum, 16 are former ICE prosecutors begs officials to close her over. Holyoak and their clients are not rare outliers, the analysis found coincidence or,. For the court aware of the judicial complaint process was a picture of immigration. Janitor and is learning to play the cello the agencys Removal Defense Unit immigration judge san francisco rating 2020 San Franciscos public office. Addition to helping her colleagues with the new Mexico immigration judge san francisco rating 2020 of Appeals Tuesday... Kids, said Juan, who heard Gutierrezs case in San Francisco immigration Judge mass exodus of judges... Immigrant Rights organizations, attorneys file complaint against local immigration Judge is to grant asylum forms! 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