Circuit Court of Appeals on Tuesday blasted its immigration. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Antiterrorism and Effective Death Penalty Act (AEDPA). Emmanuel Olawale, a Westerville-based immigration attorney, said he has faced this dilemma firsthand. The odds of being successful if unrepresented was much lower (17.7%) than for represented asylum seekers (31.1%) in fiscal year 2020.. Judge Olivia Cassin in New York City allows immigrants to remain in the country in 93 percent of cases she hears. But complainants like Juan and their attorneys said they have beendisappointed that their efforts did not lead to any lasting changes and that there was little transparency in the investigation process. 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. Jan. 27, 2020 4 AM PT HOUSTON Immigration Judge Charles Honeyman was nearing retirement, but he vowed not to leave while Donald Trump was president and risk being replaced by an ideologue. Chinese nationals won asylum almost 77% of the time in 2020, followed by people from India (62%), Cameroon (61.6%), and Venezuela (54.3%). A few years ago, when his case was reassigned to Riley, Juan heard from friends that the new judge was unusually harsh. There is no training on the 2017 calendar. To then have to stand by as a judge, a member of the same government these clients are seeking protection from, belittles and demonizes their every word, treats them as though they have no dignity, and fails to acknowledge their humanity, its too much. While unfair and antagonistic judges are nothing new to immigrants, Fords misconduct is part of a larger, documented effort by the Trump administration to politicize immigration courts and encourage biased decisions. 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. 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. Reviews Deals I came here when I was very young. Pasadena, California . Demonstrates unlawful and inappropriate manifestations of bias in the courtroom. They were allowed to stay in the United States in just 16 percent of cases, the Reuters analysis found. 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. The incident occurred on 13 February, and the San Francisco-based 9th US Circuit Court of Appeals has confirmed the probe. The courts facedand continue to grapple witha crisis of backlogged cases. Its not consistent because a complaint usually starts out with the persons immediate supervisor being told, Marks said. She is known for her fierce advocacy for the court. Help us advocate for . But at the point where judges are using racially charged terms or demeaning people, then that seems to me that it goes beyond what they should be allowed to do.. Becoming involved with and leading theNational Association of Immigration Judges(NAIJ) was a natural extension of her skills and influence. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. Your donation to match our RFA grant helps keep her writing stories like this one. I vowed to be my authentic sense of self. Retired Immigration Judge Polly Webber, saw an aspirational role model. Threatened by gangs in Honduras, two women sought asylum in the United States. 12/31/2020 4:34:37 PM . They drove all night to her friends mothers house in another town. And three judges in San Francisco said yes to more than 90% of asylum seekers who came to their courts in 2020. We had to jump over a wall, and I hurt my foot doing so, she said in an affidavit. In 2014, an unprecedented 68,000 parents and children, most of them fleeing violence and lawlessness in El Salvador, Guatemala and Honduras, crossed into the United States from Mexico a refugee crisis that has contributed to the bloated backlog of asylum petitions. *Today Judge Marks is known as NanaDana, a title that celebrates her role as caretaker for her granddaughter and helps people correctly pronounce her name (dan-uh, not day-nuh). Laura Ramirez, Immigration Judge, San Francisco, 1997-2018. This material may not be published, broadcast, rewritten, or redistributed. Also, immigration judges are bound by precedents established in the federal appeals court that covers their location. Gutierrez told Reuters that during her final hearing, the judge apologized for asking so many questions about what had been a painful time in her life, explaining that he had needed to establish her credibility. But the bulk of asylum seekers who came during the 2018-2019 migrant surge were Central Americans. I will believe things when they happen, if they happen, one Cuban migrant whos been living in Juarez said last week. More Reuters investigations and long-form narratives, Got a confidential news tip? San Francisco, CA. Last February, a 50-year-old woman and her 29-year-old son who were selling food at the school Gutierrez and Anas children attended were kidnapped from their home and decapitated, according to police records. Were all humans. 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 contacted relatives who wired the money. Decisions can be appealed to the Board of Immigration Appeals, an administrative body within the Department of Justice. 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 (. I opened the first file, and there was a picture of the first respondent, probably less than a year old. It also excluded cases in which the immigrant did not appear in court, which nearly always end in a deportation order, and cases terminated without a decision or closed at the request of a prosecutor. Groups like the Southern Poverty Law Center allege the Attorney Generals Office has weaponized the nations asylum courts against immigrants of color. She lost. Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. Immigration Judges Across The US Are Staying Home After The Coronavirus Hit Courtrooms. I didnt have to scare or browbeat people into my decisions, says Judge Marks. Cases are assigned to an immigration court based on where the immigrant lives. Couch wrote in his opinion that Anas difficulty recounting the names of the women on the association board weighed against her credibility. But the patrols left after a few weeks, probably intimidated by the gangs. Well-established law recognizes family as a protected social group, according to the Center for Gender & Refugee Studies. Immigration Court. Holyoak was convinced. The courts in Dallas, Houston, Las Vegas and Atlanta also received the designation. These are people were dealing with, says Judge Stockton, people who are nervous, if not terrified, and Judge Marks has a gift for helping them feel more at ease in the courtroom. That experience, the Reuters analysis found, makes them 23 percent more likely to order deportation. This is the phone number you can use to contact the court's clerks or the judges' legal assistants. 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. Because there were no police here, (the gangs) did what they wanted," he said. WASHINGTON An immigration judge in the San Francisco court abruptly quit his post this week, issuing a scathing letter upon his retirement . Montenegro declined to provide additional details about the case. 2 Reviews. 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. Judge-by-Judge Asylum Decisions in Immigration Courts. Immigration courts in California and the Pacific Northwest fall under the 9th U.S. Judge Marks says she was never bored. From there, cases can be appealed to federal appeals court. Her older boy recognized the three armed and heavily tattooed young men on the stoop as the same ones who had thrown him to the ground earlier that day, telling him, not for the first time, that they wanted him to join their ranks. 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. Some of the supervisors discuss the complaint with the judge immediatelyand others dont. 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. 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. 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. Individuals can sign up for a court watch training at bit.ly/courtwatch1. The first judge I had, he was strict, but he seemed like a very capable judge and I felt really comfortable, Juan said. Every story is individual, she says, and every person deserves to be heard. 2018 or 2020, and 5% or . 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.. Country of origin is a big factor in determining who gets to stay in the United States because immigrants from some countries are afforded special protections. Phone number. 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. 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. The union kept me intellectually stimulated, she says. 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. Mexicans and citizens from the Northern Triangle of Central America Honduras, Guatemala and El Salvador were the most likely to be turned down. Im not judging whether you employed illegals. Theres also an imbalance of power in the courtroom and the fear of retaliation. Click here for the news release. Instead, they became targets. I vowed to be my authentic sense of self. Retired Immigration Judge Polly Webber, saw an aspirational role model. Immigration Judge Nicholas Ford is terrorizing the San Francisco immigrant community. 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* . She was always kind and patient with people who came before her. Judge Marks, in keeping with her upbeat character, reflects on the pluses of her role. How do I know this? Jeremy J. Butler, Immigration Judge, San Francisco Immigration Court. 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. When she started, she was one of few women. Its not that she is lying. Most of themare former government attorneys, and five used to prosecute immigration cases on behalf of the Department of Homeland Security. In immigration court, the asylum seeker is typically the only witness. James Roder, the court administrator at the Cleveland Immigration Court, declined to offer a response. The average salary for an Immigration Judge is $72,811 per Year in the United States. The rest were requests for cancellation of deportation orders or other adjustments to immigration status. SAN FRANCISCO Rebecca Jamil was sitting in a nondescript hotel ballroom in suburban Virginia when she realized that her dream job being an immigration judge was no longer tenable. In a 2016 report, the GAO found that little had changed. She perseveres solely because she believes it is important to make a difference wherever you can.. Judge Marks faced daunting challenges during her tenure. This years 71.6% denial rate excludes those who didnt win asylum but were granted a stay of removal, otherwise itd be even higher. 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. 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. 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. But multiple attorneys familiar with the matter said no one received clear information from EOIR on the investigation outcome, as is often the case with these complaints. The courts handle cases to determine whether an individual should be deported. ICE has not released their estimate of how many cases would be cleared under this plan. 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. In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus of immigration judges. In 2020, of the 30,173 individuals from the Northern Triangle that received a decision on asylum claims 27,020 were denied. The coalition has urged EOIR to thoroughly investigate IJ Fords conduct and take appropriate action to ensure that individuals who appear in the San Francisco Immigration Court are treated with due process, dignity, and respect. She helped start that trajectory, says Shugall. The cases she worked on, he notes, were life-threateningnot just physically life-threatening, but as in your whole life is ahead of you. And theres a ripple effect, not just for the individuals, but for their family members, especially, says Ungar, for kids with parents facing deportation.. The kidnappers released her and her two sons near the U.S. border. Legal Aid at Work. Sometimes after a court date, I would be so down that I would just say, Forget it, I should just leave.". 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. 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. Yilun Cheng is a Report for America corps member andcovers immigration issues for the Dispatch. William L. Abbott decided the largest number of cases (344) in fiscal year 2020 and denied 89.2% of them (307). To give spirit to the letter of this budget . She explains things well. Constanza Hevia H. / Special to The Chronicle 2020 During his time as an Immigration Judge, Ford has consistently terrorized community members through his hostile and unprofessional treatment of those in his courtroom. The year before, according to police records in Honduras, gang members killed a school security guard. How do I know this? No one isanillegal in this country. A Honduran migrant wears a sanitary mask while waiting in line to plead . For example, U.S. government policy is more lenient toward people from some countries, less so for others. Ana fled with her daughter the night the gang members threatened them on the street. By the time she retired fromSan Franciscos Immigration Courton December 31, 2021, Judge Dana Leigh Marks* had built an inspiring reputation as a leader, mentor, and advocate. My client was seriously mentally ill, there were a lot of complexities in his case. The Charlotte court was singled out for displaying a particular bias against Central American gang and gender-related asylum claims.. Diocesan Migrant and Refugee Services officials say the money will be used to try to win cases for migrants in an El Paso facility with 26 confirmed COVID-19 cases as of October. Judges fail to apply binding legal standards, make decisions based on illegally invented rules, engage in abusive treatment of noncitizens and their counsel and even decide cases before holding hearings.. 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. May 19, 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. Reuters Investigates offers several ways to securely contact our reporters, Before, no one wanted to say anything about the gangs, Gutierrez said. Corrective actions such as counseling or training were taken in 39 cases. Judge Butler earned a Bachelor of Arts in 2003 from Cornell College and a Juris . Juans application for cancellation of removal was denied in November 2020. On December 18, 2020, the EOIR announced the investiture of an additional 14 immigration judges. Anas response to Couchs extensive questioning played a part in the decision. 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. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. She is known for her compassion and fairmindedness. SAS Output. 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. 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