But that leaves Biden with a problem, they add: Does he reform the system to be independent of political influence, or does he use his political control over it to clean it up? He was demoted and transferred to a courtroom in Sacramento. The judge ruled in her favor. But she said the Trump administration focused on different priorities namely, speeding up deportation cases and limiting immigrants ability to win asylum. For information regarding procedures for practice before the immigration courts, please see the Immigration Court Practice Manual. All items will pass through an x-ray machine and are subject to manual inspection if deemed necessary. He is still there, hearing immigrants cases but stripped of his supervisor duties. Waiting times to enter the building and EOIR space may be significantly longer than usual. There are too many files to display on the request page. Five led to counseling by Cassidys bosses on how he should conduct himself. Sexual harassment cannot be tolerated or condoned in our nations immigration courts, said the groups executive vice president and president emeritus, Judge Dana Leigh Marks, who works in the San Francisco immigration court. Her work has earned multiple awards and recognition, including winning the prestigious George Polk Award with Chronicle colleagues for coverage of a COVID-19 outbreak aboard a U.S. aircraft carrier and winning a Webby Award with colleagues for a documentary podcast series on the life and career of Vice President Kamala Harris. No, Im thinking I just need to get through this., She added, If all you have to do is force a smile so that your client is not deported, the answer is obvious what practitioners are going to do.. Under the Trump administration, the number of complaints dismissed jumped from roughly 40% in 2015 and 2016 to 60% in 2017, 2018, 2019 and 2020. 102 Petty France, London, Greater London SW1H 9AJ, GB, View Antonini, who also knows McHenry, said he should have been well aware of Cassidys in-court behavior. Prior to that appointment as a DCIJ, he served as the Acting Chief Immigration Judge from July 2015 to March 2016, and as an Assistant Chieflmmigration Judge from January 2012 to July 2015. U.S. In the response regarding the board member that The Chronicle identified as Grant, the departments Freedom of Information Act counsel confirmed that one complaint of misbehavior resulted in the Board member being banned from entering into the building. The counsels office refused to share the original claim against Grant or the disciplinary letter with Hoppock, citing the individuals privacy protections. The complaints are not made public. Please allow for additional time to go through the security screening process. Attorneys say Cassidys behavior should not have been a secret to the Justice Department. hb```l|aB o~a UjB X HRHx6J;-rq# `u3p/d Michelle Mendez of the Catholic Legal Immigration Network, which provides legal representation to immigrants and helps attorneys report allegations of judicial misconduct, said lawyers face tremendous pressure not to call out judges bad behavior, even though they know ignoring it means it is likely to continue. Similar Profiles. The Board of Immigration Appeals primarily reviews appeals of decisions by immigration judges. The Southern Poverty Law Center and another nonprofit group, the Innovation Law Lab, compiled several examples from focus groups of attorneys they held, which were included in a report criticizing the immigration court system. Anonymous sources: The Chronicle strives to attribute all information we report to credible, reliable, identifiable sources. A copy of documents responsive to the request. The agency expects parties and stakeholders to raise legitimate concerns about conduct, rather than simply make ad hominem attacks against adjudicators or express disagreement with the outcome of a particular case, McHenry wrote. Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE), ICE Enforcement and Removal Operations Field Office, EOIRs Programs to Fight Fraud, Abuse, and Ineffective Representation in Immigration Proceedings. Elevator wait times may be significantly longer than usual for this reason. American Immigration Lawyers Association. EOIR operates within a variety of settings across the country, most commonly in federal or leased buildings controlled by the General Services Administration and detention facilities operated by the Department of Homeland Security. See all files ` v# Share sensitive information only on official, secure websites. He improperly provided sample questions to a job candidate in advance of the persons interview and escorted a friend to another interview, an impermissible boost to her job application, investigators said. The agency will soon begin recruiting a new Chief Immigration Judge. 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. In EOIR space, staff or signs may direct you to a seat. The complaint process doesnt effectively serve management, doesnt effectively serve the judges or employees of (the agency), and it certainly doesnt effectively serve the public.. Attorneys who have been the victims of harassment say they fear that if they try to hold judges accountable, they risk severe consequences, not only for themselves but for vulnerable clients. Want the latest investigative and FOIA news? 650 Capitol Mall, Suite 4-200 I remember feeling very, very embarrassed and shaking, and I went completely red. Judge Print also served as an Immigration Judge at the San Francisco Immigration Court from May 2009 to December 2011. Try our Advanced Search for more refined results. EOIR is committed to ensuring fairness in all of the cases it adjudicates. It is not a system designed to protect complainants. immigration judge grants denials burgess, abraham l. 0 1 burke, david 43 157 burkhart, margaret d. 9 12 burman, lawrence o. 126 34 calcador, kerri 26 39 . Wr/Joseph R. SchaafChief Counsel, Administrative LawExecutive Office for Immigration Review, Subject: FOIA Tracking Number Change for consultation DOJ-2018-007740 (to DOJ-2018-007740), The FOIA consultation DOJ-2018-007740 has had its Tracking Number changed to DOJ-2018-007740. The light rail train and buses stop on the 8th Street side of the building. We are committed to an effective and efficient immigration court process and we are happy that Congress has given us the funding to hire additional immigration judges, as well as the support staff they need, said Maggard. By Beth Winegarner (July 15, 2015, 7:25 PM EDT) -- Chief Immigration Judge Brian M. O'Leary is stepping down from his post after six years and will return to the bench in the Arlington Immigration Court, the U.S. Department of Justice announced Wednesday. Access to case data within articles (numbers, filings, courts, nature of suit, and more. Complaints about immigration judges are not made public. Copyright Rate Your Immigration Judge 2023. An acknowledgement letter, stating the request is being processed. She said it wasnt until she told the story to colleagues who worked in other federal courts, and saw them react with horror, that she realized it was uncommon behavior for a judge. Washington, DC 20005. He received a bachelor of arts degree in 1982 from Western Kentucky University; a masters of public administration in 1987 from Golden Gate University; Please see Google Maps for a map and directions to the immigration court. In the interim, Assistant Chief Immigration Judge Print Maggard will serve as the Acting Chief Immigration Judge. With this administration, the attitude is, if you do something horrible in terms of misconduct, youre going to get promoted to the Board of Immigration Appeals because of the people they put up there, Slavin said of the Trump era. The entire e-mail messages is responsive to this request, and the agency can't redact parts without citing a FOIA exemption. A complaint process thats not transparent loses about 90% of its utility, Slavin said. Grant did not respond to requests for comment. Please do not bring people with you into EOIR space unless they are required to be present for your hearing. Appeal information is as follows: * Appeal Tracking Number: DOJ-AP-2019-000724 * Request Tracking Number: 2018-37357 * Requester Name: Matthew Hoppock * Date Submitted: 10/26/2018 * Appeal Status: Submitted * Description: EOIR appeal, Recently Disciplined Practitioners, Reinstated (9).pdf, Matter of FALODUN, 27 I&N Dec. 52 (BIA 2017).pdf, Matter of D-R-, 27 I&N Dec. 105 (BIA 2017).pdf, EOIR Case Law Bulletin (Week of June 20, 2017).pdf, FW_ EOIR Case Law Bulletin (Week of Aug. 21, 2017).pdf, FW_ EOIR Case Law Bulletin (Week of Apr. And when such behavior has come to its attention, the department has in some instances simply transferred the offenders elsewhere. Jonathan S. Simpson, Immigration Judge, San Francisco Immigration Court. From May 2009 to December 2011, Judge Maggard served at the San Francisco Immigration Court as an immigration judge. of Commerce) or to a sub-agency to process it. Nearly a dozen attorneys who have argued cases before him since the 1990s told The Chronicle that his behavior was frequently inappropriate. ), Create custom alerts for specific article and case topics and, I took a free trial but didn't get a verification email. Cassidy did not respond to requests for comment. Some of the appointments they have made up there have been some of the worst offenders.. S;yNm!>C5dRj'@>qTBz/l}QyE]m)N}-UB3PUYYP'dd}*;D<36k1/1st:_ *P She joined the newsroom in 2018 after covering D.C. politics, immigration policy, justice and national security, cybersecurity and other hot-button issues for CNN Politics and Politico. The woman asked how long he was. SF Chief IJ Print Maggard will be the acting chief IJ for EOIR until replacement for departing Chief OLeary is found. Email: tal.kopan@sfchronicle.com Twitter: @talkopan. It called the current system difficult to use for complainants and judges alike. The U.S. The department said all hiring for immigration courts and the Board of Immigration Appeals follows an open, merit-based process. 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. After the report was completed in November 2019, Maggard was demoted and reassigned to be an immigration judge in Sacramento. In that moment, am I thinking that I might be perpetuating sexism in the system? The Justice Department cited its policy of not commenting on personnel matters in refusing to answer questions about Maggards conduct. See all files. As director, McHenry oversees the hiring process for the board. Two commercial parking lots, open and covered, are within walking distance to the building. Responsive records have been located and are being reviewed for release. Executive Office for Immigration Review (EOIR) is responsible for adjudicating immigration cases by conducting immigration court proceedings, appellate reviews, and administrative hearings. The attorneys were not identified by name in the report. Supervisors of judges have also engaged in behavior that could give rise to harassment or misconduct claims, according to a 2019 Justice Department inspector generals report obtained by The Chronicle. The Justice Department said that without a written complaint, it could not comment on the allegation. Click here to login, 2023, Portfolio Media, Inc. | About | Contact Us | Legal Jobs | Advertise with Law360 | Careers at Law360 | Terms | Privacy Policy | Cookie Settings | Help | Site Map, Enter your details below and select your area(s) of interest to stay ahead of the curve and receive Law360's daily newsletters, Email (NOTE: Free email domains not supported). Attorney General H. Eric Holder Jr. appointed Judge Daugherty to begin hearing cases in November 2015. EOIR regularly monitors the performance and conduct of its adjudicators through daily supervision by EOIR's three adjudicating components: the Office of This is normally due to the referral being transferred to another agency (for example, EPA to Dept. She said the comments ate away at her for months before she sent an email notifying other attorneys who practice in the area. . Maggard did commit clear personnel misconduct, the investigators concluded. The recording was provided to The Chronicle by the womans attorney, Genovese, who was practicing in Atlanta with the Southern Poverty Law Center. The leading immigration law publisher - over 50000 pages of free information! H|TQo0~W= cTUjVjRHPv~wp||g>9Y7uQpr}Qn{XE-FY+ J8-LXm+.:r)vhPA];H,X#ABWu0(%(@iDc0m? A complaint about a San Francisco judge alleged he used incorrect pronouns for a transgender immigrant and asked one who was testifying about being tortured by police whether anyone ever insert(ed) anything into your ass in custody.. EOIR says: The Executive Office for Immigration Review today announced that, following more than six years of service with distinction as Chief Immigration Judge, Brian M. O'Leary has decided to return to the immigration bench as an immigration judge at the Arlington . He was allowed to keep his job, and still has it to this day, though he remains barred from working in the appeals courts headquarters unless his presence is unavoidable, such as in rare instances when the board hears oral arguments. The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice. Subject: RE: Freedom of Information Act Request #2018-37357. The confirmation came in a reply to immigration attorney Matthew Hoppocks request. WASHINGTON One judge made a joke about genitalia during a court proceeding and was later promoted. OFFICE OF THE CHIEF IMMIGRATION JUDGE . AILAs Advocacy Action Center allows you to advocate for legislative and policy reforms consistent with AILAs principles and priorities. Supervisors concluded that Grant had harassed female staffers, and took an extraordinary step: They banned Grant from the court building. *Dp+_>g6,aP{PZY@JYAT,'JVpL/q2)p0* He also warned attorneys not to make baseless complaints designed to harass, threaten, intimidate, or retaliate against judges. When necessary, information on immigration court closures or changes to the immigration courts operating hours is available at the following links: (1) Twitter and (2) Facebook. A Chronicle investigation revealed numerous similar instances of harassment or misconduct in the courts, and found a system that allows sexually inappropriate behavior to flourish. No complaints resulted in formal discipline in 2017, 2018 or 2020, and 5% or fewer did other years. All correspondence mentioning "Pereira" to or from James McHenry or Print Maggard. Even when Im saying it now, I feel like Im starting to get red in the face, the attorney said. Creating an independent immigration court seems to me like a no-brainer, Lofgren said at a hearing in January 2020. His comments could give rise to claims of sexual harassment or claims of prohibited personnel practices, it said. As the woman sniffled audibly, Cassidy told her he had bonded with her over the story, as he also was born prematurely. You have to know whats happening with clients, competitors, practice areas, and industries. Its quite literally a Sophies choice that should never happen in the American legal system.. In the early 2010s, a womans complaint about Grants behavior caught the attention of then-President Barack Obamas director of the immigration courts, who opened an investigation. 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