They hoped that mothers working together could oust the violent gangs that plagued the campus. From there, cases can be appealed to federal appeals court. 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. She joined another woman and, with their children, they set out to cross Mexico. 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. FY 2015-2020. Anas assertion that she learned from Gutierrez in detention about gang threats to the parent-teacher association was not persuasive, Couch wrote. The Trump administration filled the openings and expanded the size of the bench,appointing 10 judges who currently make up the court. But we have to address these bad judges.. CLEs. 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. Judge. 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. 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. Coincidence or not, denial rates have shot up more than 30% since Donald Trump became president. Immigration Court. 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. Those on the other side of the complaints the immigration judges also take issues with the EOIR discipline process. (Reuters) - A conservative judge appointed by former Republican President Donald Trump to the San Francisco-based 9th U.S. Threatened by gangs in Honduras, two women sought asylum in the United States. 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. Cases are assigned to an immigration court based on where the immigrant lives. Now, they were extorting teachers, selling drugs openly and assaulting or killing anyone who confronted them. Four of the 31 new immigration judges are assistant chief immigration judges who will oversee six immigration courts. Her boys are in school. Shuting Chen was appointed as an Immigration Judge to begin hearing cases in October 2022. For example, courts ruled in favor of Chinese immigrants 75 percent of the time, the Reuters analysis found. The question of equality of treatment among judges has gained urgency as the number of cases in immigration court has ballooned to record highs. Complaint process is flawed, advocates say, Judges concerned about discipline procedures, too, Personnel changes at Ohio's immigration court, Ohio chapter of theAmerican Immigration Lawyers Association, Your California Privacy Rights/Privacy Policy. 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. She was always kind and patient with people who came before her. Close to half the complaints were dismissed. Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. The courts handle cases to determine whether an individual should be deported. 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. The mission of BorderReport.com is to provide real-time delivery of the untold local stories about people living, working and migrating along the U.S. border with Mexico. Gutierrez hid for two months at her friends mothers house outside Tegucigalpa. Riley and Owens havedenied 89% and 96% asylum cases they were in charge of, respectively, since their appointment a few years ago. 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. Individually reported data submitted by users of our website Base Salary $65,625 $72,811 Medium $84,735 Highest Paying Cities for Immigration Judge in the United States Immigration Judge salaries in the United States will pay differently by cities. 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. Phone number. 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. The count of deportations included cases in which judges allowed immigrants to leave the country voluntarily. Hesaid he was nervous and exhausted when he stepped into the court on Oct.16, 2020, for his fourth hearing. It is unclear why the judge was absent. 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. Attorney General of the United States Deputy Attorney General of the United States. 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. 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. She was so good to him. This was something Judge Marks had learned from her experience with her own clients. Who is Judge Marks, and how did she positively influence and impact so many lives? She explains things well. The clients loved her, says Ungar. 2020-03-20T04:49:42Z She was always there for me, emotionally and intellectually.. (Previously, appointments were considered promotions for prosecuting attorneys from INS.) The majority come from government. According to TRAC, denial rates were at 54.6% in fiscal year 2016 (the last full year of Barack Obamas presidency). I didnt have to scare or browbeat people into my decisions, says Judge Marks. She is known for her compassion and fairmindedness. That roster includes Judges Jamil, King, Miriam Hayward, Stockton, Webber, and Laura Ramirez. Further, Knox said, asylum seekers arent thinking about the finer points of U.S. asylum law when they are fleeing persecution. And then one day we went to lunch, and there they were.. SAN FRANCISCO (BCN) It did not take U.S. Immigration Judge Nicholas Ford long to stir up controversy in San Francisco. 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. 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. She was our fearless leader in the union, says Judge King, who was Union site representative in San Francisco while Judge Marks was president. . She is known for her fierce advocacy for the court. Rate This Judge / Califica a Este Juez. Lt. Jonathan Scott Simpson '95 has been appointed Immigration Judge, San Francisco Immigration Court, by the Executive Office for Immigration Review. There are still good judges out there. . Ana missed the deadline to appeal the BIA decision to the 4th U.S. This time, her lawyer included arguments about her membership in a particular social group. Juan is not alone in his grievances. 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. Asylum applicants cannot gain legal U.S. residency because they fled their countries in mortal fear of civil strife or rampant crime or a natural disaster. By clearing low-priority cases, the American Immigration Lawyers Association estimates this would include at least 700,000 low-priority cases, equaling about 40 percent of the backlog. Her door was always open, says Judge King. 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. One grant from Dallas-based Meadows Foundation includes $56,000 for legal services for incarcerated petitioners. Of the Mexicans, 5,196 of the 6,113 who applied were told to go back home. 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. Judge Marks faced daunting challenges during her tenure. Juan expected from experience that he wouldonce againface a series of aggressive questionsfrom Judge Teresa Riley, whose intimidating style almost made him give up on his case altogether, he said. 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. By MICA ROSENBERG, READE LEVINSON and RYAN McNEILL. Ana moved with her daughter to live with her daughters father and petitioned to have her case moved to Charlotte. Immigration attorneys and their clients are not the only ones who said they are distrustful of the judicial complaint process. Overwhelming evidence shows that the (AGs Office) has long allowed immigration judges to violate noncitizens rights in a systemic, pervasive manner that undermines the integrity of the court system, the SPLC said in a scathing June 2019 report. Three led to oral counseling. Do you know the people? They said they would kill me and my children. Filed December 16, 2020 . Attorneyseven conservativesrespected her., Judge Marks explains it another way. It was June 11, 2018, and then-attorney general Jeff Sessions, her boss . I want to stay because of my kids, said Juan, who recently bought a new house for his family. She works as an office janitor and is taking English classes. Alumni Relations. Judges are not always made aware of the existence of a complaint in a timely fashion, and there is no transparency or consistency when it comes to sanctions imposed in a particular case, according to Dana Marks, president emerita at the National Association of Immigration Judges who spent 35 years on the bench in San Francisco, California, before retiring in December. Judge Marks says her biggest success was seeing, H.R. 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. The third pointed a gun at Anas head. Some of the supervisors discuss the complaint with the judge immediatelyand others dont. 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. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. If someones a pretty virgin, is that a good reason for them to rape her in any context? Olawale said. I love the Wild West aspect of it., National Association of Immigration Judges. Judge Marks says she was never bored. Reviews Deals They have more understanding of trauma survivors and the difficulty they might have in recounting certain details and little discrepancies, she said. Romy L. Lerner, Immigration Judge, Miami (Krome) Immigration Court. Cases that claim opposition to gangs as a protected political opinion, the center says, have generated fewer precedent-setting decisions, making that argument a more difficult one to win in court, though it has prevailed in some cases. She remains active today as president emerita. 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. She deeply cared about due process, says Ugarte. The first judge I had, he was strict, but he seemed like a very capable judge and I felt really comfortable, Juan said. Theres a lack of transparency and we dont know if theres any outcome from this complaint, said Julie Nemecek, a Columbus-based attorney who represents Juan. 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. 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. REUTERS/Ross D. Franklin/Pool/File Photo. Cynthia M. Nunez, Immigration Judge, San Francisco Immigration Court Cynthia M. Nunez was appointed as an Immigration Judge to begin hearing cases in May 2022. The other women in the center told me that there was someone else from Honduras who I might know, but I wasnt sure who they were talking about, Gutierrez said. EOIR spokeswoman Kathryn Mattingly said the agency does not comment on external analyses of its data. The schools principal, who asked that he and the school not be identified out of fear of retaliation, worked with the board. 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. 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. It was a magic zone, says Ugarte, in part because when she made a decision, she bridged the gap in a politically charged environment. Gutierrez said that was when she first learned that her fellow parent-teacher association board member had been threatened and had fled from home. Washington, DC 20530-0001 Washington, DC 20530-0001. The older one, once threatened by gangs in Honduras, likes studying history and math and is learning to play the cello. From 2013-2018, she worked as an immigration attorney. Immigration Judge Nicholas Ford is terrorizing the San Francisco immigrant community. 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. Constanza Hevia H. / Special to The Chronicle 2020 The head of the son was placed on the body of the mother and the head of the mother was placed on the body of the son. There is no training on the 2017 calendar. But it wont really change anything in my clients case. In Atlanta, 89 percent of cases result in a deportation order. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. Shes funny and insightful, she says. Two rival gangs the Barrio 18 and the Mara Salvatrucha, also known as MS-13 were operating brazenly in the neighborhood. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. Decisions. 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. Judge Marks says she was never bored. 950 Pennsylvania Avenue, NW 950 Pennsylvania Avenue NW. 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. 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), . San Francisco, CA. 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. 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. [ 72 FR 53677 , Sept. 20, 2007, as amended at 79 FR 39956 , July 11, 2014; 85 FR 81655 , 81750, Dec. 16, 2020] Shes funny and insightful, she says. Citing the experience of six anonymous immigrants, including Juan, the complaint accuses Riley of biases against Latino immigrants, bullying and hostile questioning,a lack of professional competence and other alleged misconducts. See how your salary compares to other Immigration Judges with Comparably. How do I know this? While in Cook County, Ford was accused of complicity in a Chicago police torture scandal that targeted Black people and used torture to coerce criminal confessions for over two decades. (NAIJ) was a natural extension of her skills and influence. Before: Richard A. Paez and John B. Owens, Circuit Judges, and Morrison C. England, Jr., * Senior District Judge. Well-established law recognizes family as a protected social group, according to the Center for Gender & Refugee Studies. She has a law degree from Tulane Law School. Nationality and filing a case with the right judge played a role in cases were asylum was granted, according to the data. Even so, the Reuters analysis determined that after controlling for such factors, who hears a case and where it is heard remain reliable predictors of how a case will be decided. A Honduran migrant wears a sanitary mask while waiting in line to plead . 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. Demonstrates unlawful and inappropriate manifestations of bias in the courtroom. And three judges in San Francisco said yes to more than 90% of asylum seekers who came to their courts in 2020. About half the cases in the analysis were filed by asylum seekers like the two Honduran women. 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. More than 300 judges are spread among 58 U.S. immigration courts in 27 states, Puerto Rico and the Northern Mariana Islands. In the 1980s, AILA (American Immigration Lawyers Association) was very stodgy, a reactive organization, Judge Webber says. Montenegro declined to provide additional details about the case. Administrative Law Judges Effective January 2021 . Chinese nationals won asylum almost 77% of the time in 2020, followed by people from India (62%), Cameroon (61.6%), and Venezuela (54.3%). Circuit Court of Appeals because her lawyer confused the deadline. 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 appointments included former immigration judges who themselves ordered high rates of deportation on the bench, according to the Reuters analysis. There, they applied for asylum. I am very worried about her, Gutierrez said. One evening in April 2014, Gutierrez was watching television at home with her two sons, ages 5 and 11, when she heard banging at the front door. ). The courts in Dallas, Houston, Las Vegas and Atlanta also received the designation. She quickly discarded that notion. These are life or death matters. 12/31/2020 4:34:37 PM . Mattingly, the EOIR spokeswoman, said the agency held training sessions for judges to address the disparities in 2008 and 2009. Couch and Holyoak and their courts are not rare outliers, the analysis found. 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. Video: High-stakes game of chance in U.S. immigration courts, Graphic: Deportation order rates, by judge, Graphic: Deportationorder rates, by country of origin, U.S. Attorney General Sessions urges crackdown on asylum policies. SAS Output. After her, all these really amazing women came to the bench, says Shugall, women Judge Marks mentored and encouraged to apply for the bench. From 1994 to 1995, he served as a staff attorney with the New Mexico Court of Appeals. Ana fled with her daughter the night the gang members threatened them on the street. From 2015 to 2022, she was the Associate Learn more about how to check your immigration court date and the status of your immigration case from here. The clients loved her, says Ungar. Romy L. Lerner was appointed as an Immigration Judge to begin hearing cases in May 2022. When he turned 16, he left his hometown and crossed the border by himself in search for a better life, settling in Columbus. That experience, the Reuters analysis found, makes them 23 percent more likely to order deportation. Corrective actions such as counseling or training were taken in 39 cases. I will believe things when they happen, if they happen, one Cuban migrant whos been living in Juarez said last week. The situation in our country is getting worse and worse.. In New York City, 24 percent do. *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). 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. Were all humans. Shes the GOAT of immigration judges! declares Francisco Ugarte, Manager of the Immigration Defense Unit of San Franciscos Public Defenders Office. Of the 28 immigration judges Sessions has appointed so far, 16 are former ICE prosecutors. (She also refers to herself as a sit-down comedian.), Attorneys who appeared before Judge Marks were impressed by her complete command of her courtroom. The murders, like more than 93 percent of crimes in Honduras, remain unsolved. 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. 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. The court used to have only three judges, all of whom have since left their posts. 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 was desperate and knew that I had to leave my daughters life and mine were in danger., The school principal said he understands why Gutierrez and Ana left Honduras. 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. I got in that moment what that was going to be. Numerous legal providers and community members have expressed strong concerns about Fords racist history influencing his work in San Francisco. The state court had plexiglass barriers, an air. 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. Instead, they became targets. I was the first to do the Families with Children Docket, which became known as rocket docket, Judge King recalls. Ill have to weigh my options and consider how bad it is before I stick my neck out there.. 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. 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. But theyre not holding their breath. I opened the first file, and there was a picture of the first respondent, probably less than a year old. 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. Sixty-one percent of all complaints closed in the fiscal year 2020 ended up being dismissed. Gutierrez contacted relatives who wired the money. She explains things well. 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. Lisa Knox, the lawyer who represented Gutierrez, said judges where she practices tend to give applicants the benefit of the doubt. 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