She petitioned the BIA through new lawyers to reopen her case and send it back to the immigration court to allow her to present new evidence of her persecution. After graduating law school at age 23, Judge Marks went into private practice at Simmons & Ungar. The number of immigration judges Biden appoints will also affect the immigration court backlog, currently at 1.3 million cases. More than 300 judges are spread among 58 U.S. immigration courts in 27 states, Puerto Rico and the Northern Mariana Islands. It feels like the judge has no compassion for us and doesnt like Latinos.. Juans application for cancellation of removal was denied in November 2020. 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. The murders, like more than 93 percent of crimes in Honduras, remain unsolved. 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. To give spirit to the letter of this budget . 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. She showed us all how to be fierce advocates for justicefor what is true and right and justwithout crossing over lines, says Judge King. People show up in our office (and) they have no idea why someone wants to kill them. Their nature ranged from alleged due process violations to concerns over in-court conducts, records show. I burst into tears and ran into Danas office for support. 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. Kathleen Guthrie Woods is a long-time contributor toSan Francisco Attorneymagazine. William L. Abbott decided the largest number of cases (344) in fiscal year 2020 and denied 89.2% of them (307). Phone number. 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. Hon. Ana fled with her daughter the night the gang members threatened them on the street. Now, they were extorting teachers, selling drugs openly and assaulting or killing anyone who confronted them. The top ten percent of employees in the Executive Office for . As has been true in earlier years, having representation greatly increases the odds of winning asylum or other relief, TRACs Oct. 28 report says. 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. Constanza Hevia H. / Special to The Chronicle 2020 But the bulk of asylum seekers who came during the 2018-2019 migrant surge were Central Americans. 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. Central Americans are among the least successful at gaining asylum from U.S. immigration court judges, a Reuters analysis found. 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. They were elected in 2013 to the board of the parent-teacher association at their children's school in the Honduran capital, Tegucigalpa. Opinion by Judge Owens * The Honorable Morrison C. England, Jr., United States Senior District Judge for the Eastern District of California . Of course, other factors influence outcomes in immigration court. The union kept me intellectually stimulated, she says. 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. Featured Issue: Biden Administration Recognizes the Immigration Judge Union - December 7, 2021; EOIR Amends PM 21-18 on Filing Deadlines in Non-Detained Cases - December 16, 2021; . Those who presented their petitions in Texas, Georgia and southern California had high denial rates, as well. Gutierrez said that was when she first learned that her fellow parent-teacher association board member had been threatened and had fled from home. Two of them grabbed Ana and her daughter, pinned their wrists behind their backs, and pointed a gun at the childs head. 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. 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. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. More Reuters investigations and long-form narratives, Got a confidential news tip? She perseveres solely because she believes it is important to make a difference wherever you can.. The question of equality of treatment among judges has gained urgency as the number of cases in immigration court has ballooned to record highs. . Her door was always open, says Judge King. They hoped that mothers working together could oust the violent gangs that plagued the campus. Gutierrez can live and work legally in the United States and will ultimately be able to apply for citizenship. I vowed to be my authentic sense of self. Retired Immigration Judge Polly Webber, saw an aspirational role model. She and her lawyers declined to share more detailed information about her situation because she remains fearful of the gangs in Honduras. Michael Short / Special to The Chronicle 2019. Are they also Mexicans? Riley said, as shown incourt transcripts cited in a complaint filed later. Gutierrez hid for two months at her friends mothers house outside Tegucigalpa. The state court had plexiglass barriers, an air. We discussed cases together. In addition to helping her colleagues with the analysis of cases, Judge Marks was available for emotional support. 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. At the end of her asylum hearing in September 2016, she received a one-page form, with an X in the box next to granted. She was free to settle into life with her family in the United States. (NAIJ) was a natural extension of her skills and influence. About the Immigration Judge. Mexicans and citizens from the Northern Triangle of Central America Honduras, Guatemala and El Salvador were the most likely to be turned down. In a three-page ruling, one board member said Anas lawyer could not introduce a new argument on appeal and agreed with Couch that Ana hadnt proved a political motive behind the gang members attack. 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. Im trying to figure out if youre telling the truth., I felt really bad when I heard the judge call us 'illegals,' Juan, a resident on Columbus' Southwest Side, said in Spanish through an interpreter. 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. She can look back with satisfaction at the mass of people whose lives she helped, says Ungar. Appearing in IJ Fords courtroom was a reminder that immigration courts are arenas ripe for traumatization and dehumanization, especially in the context of xenophobic administrations. The courts facedand continue to grapple witha crisis of backlogged cases. Becoming involved with and leading theNational Association of Immigration Judges(NAIJ) was a natural extension of her skills and influence. Individuals can sign up for a court watch training at bit.ly/courtwatch1. Learn more about how to check your immigration court date and the status of your immigration case from here. Chinese nationals won asylum almost 77% of the time in 2020, followed by people from India (62%), Cameroon (61.6%), and Venezuela (54.3%). 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. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. 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. Two of them were dismissed. In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus of immigration judges. 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. We were the brave ones. 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. Decisions. 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. 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. From 2000 to 2008, she served as a staff attorney for ASK Law Group, in Sherman Oaks, California. 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. On the journey, they were kidnapped common for Central American migrants and held for a $3,500 ransom. In Atlanta, 89 percent of cases result in a deportation order. Filing a complaint against the judge is something on the table, Olawale said. She is known for her compassion and fairmindedness. 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. 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. She is known for her fierce advocacy for the court. 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.. According to TRAC, denial rates were at 54.6% in fiscal year 2016 (the last full year of Barack Obamas presidency). In 2012, ICE agents arrested Juan at his home and put him in deportation proceedings. The previous president was a man, so we thought, We are women, they wont do anything to us. . The average annual salary for Immigration Judges in the US is $121,299. They landed near Hidalgo, Texas. Early in 2020, the immigration case backlog eclipsed 1 million, and the San Francisco court handles the second largest load in the country, roughly 70,000 cases. Attorney General Jeff Sessions said in April that the Justice Department planned to hire more than 50 judges this year and 75 in 2018, which would put the total number of sitting judges above 400. 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. Further, Knox said, asylum seekers arent thinking about the finer points of U.S. asylum law when they are fleeing persecution. 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. You really get those Perry Mason moments in immigration court. Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. There, they applied for asylum. Immigration Judges Across The US Are Staying Home After The Coronavirus Hit Courtrooms. I really enjoyed working with journalists and legislators. She also describes her stint as NAIJs president as an incredible blessing because it allowed her to become friendly with immigration judges across the country. Hondurans enjoy no special considerations. One grant from Dallas-based Meadows Foundation includes $56,000 for legal services for incarcerated petitioners. This material may not be published, broadcast, rewritten, or redistributed. She was our fearless leader in the union, says Judge King, who was Union site representative in San Francisco while Judge Marks was president. I saw the denial coming after seeing everything that Judge Riley was doing. This years 71.6% denial rate excludes those who didnt win asylum but were granted a stay of removal, otherwise itd be even higher. Immigration court doesnt have contempt, so I had to use charm, she says. Disregards basic legal rules, causing undue prejudice and wasting public resources. John W. Richardson, Immigration Judge, Phoenix, 1990-2018. . Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. 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. Another 35% ended with additional counseling or training of the judge involved. Do you know the people? SAS Output. She is known for her compassion and fairmindedness. Couch and Holyoak and their courts. Boston's immigration judges mentioned in the TRAC analysis were Maureen O'Sullivan, Leonard Shapiro, Paul Gagnon, Robin Feder, Brenda O'Malley, Matthew D'Angelo, Mario Sturla, Gwendylan, and Todd Masters. Copyright 2023 Nexstar Media Inc. All rights reserved. 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. 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. The older one, once threatened by gangs in Honduras, likes studying history and math and is learning to play the cello. She was so good to him. This was something Judge Marks had learned from her experience with her own clients. Treats immigrants, witnesses, and practitioners in an unprofessional and hostile manner. 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. Judge-by-Judge Asylum Decisions in Immigration Courts. About half the cases in the analysis were filed by asylum seekers like the two Honduran women. 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. Former immigration judge Rebecca Jamil in Fremont, California, on Dec. 28, 2018. In a 2016 report, the GAO found that little had changed. 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. 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. How do I know this? The incident occurred on 13 February, and the San Francisco-based 9th US Circuit Court of Appeals has confirmed the probe. There is no training on the 2017 calendar. Attorneyseven conservativesrespected her., Judge Marks explains it another way. They speak of a woman who broke through barriers, applied the law fairly and compassionately, fought hard fights, and inspired others to join her. 2 Reviews. Romy L. Lerner was appointed as an Immigration Judge to begin hearing cases in May 2022. These are life or death matters. Anas response to Couchs extensive questioning played a part in the decision. Ana declined to be interviewed for this article. 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. In New York City, 24 percent do. She joined another woman and, with their children, they set out to cross Mexico. This is the phone number you can use to contact the court's clerks or the judges' legal assistants. Sixty-one percent of all complaints closed in the fiscal year 2020 ended up being dismissed. I am not going to risk my childs life. . 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. 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. It occurred to me I had a meeting, Ungar says, So I asked, Would you mind if we continued this? They walked to Market Street, where they hopped on the #5 bus to the Federal Courthouse. Jeremy J. Butler, Immigration Judge, San Francisco Immigration Court. With Riley, it felt like she just wanted me out. She made it more proactive, trying to affect the law. 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. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. A few years ago, when his case was reassigned to Riley, Juan heard from friends that the new judge was unusually harsh. It is unclear why the judge was absent. 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. Were more productive if theyre comfortable, she says. Judge Halperin is a member of the Utah State Bar. The analysis excluded immigrants who were in detention when their cases were heard because such cases are handleddifferently. 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. Men are more likely than women to order deportation, as are judges who have worked as ICE prosecutors. Her boys are in school. 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. I began to panic and shake, she said. And whether the individual fleeing gang violence in San Pedro Sula or official oppression in Venezuela had legal representation also made a big difference in the outcome of his or her case, according to research from the Transactional Records Access Clearinghouse at Syracuse University. Judge Marks says she was never bored. Decisions can be appealed to the Board of Immigration Appeals, an administrative body within the Department of Justice. Riley and Owens have. Its not consistent because a complaint usually starts out with the persons immediate supervisor being told, Marks said. Knight Institute Calls on DOJ's Exe cutive Office for Immigration Review to Suspend Policy Silencing Immigration Judges, (Jan. 6, 2020), https: . I was the first to do the Families with Children Docket, which became known as rocket docket, Judge King recalls. Juangrew up in Guadalajara, Mexico, where his family had few resources and he often had to go to school on an empty stomach, he said. She quickly discarded that notion. Judge Butler earned a Bachelor of Arts in 2003 from Cornell College and a Juris . From 2015 to 2022, she was the Associate Cases are assigned to an immigration court based on where the immigrant lives. In the 1980s, AILA (American Immigration Lawyers Association) was very stodgy, a reactive organization, Judge Webber says. 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. 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. 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. My client was seriously mentally ill, there were a lot of complexities in his case. The coalition argues that Judge Fords appointment is part of the Trump administrations deliberate policy to discourage and curtail immigration from every angle, particularly against black and brown immigrants. 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. ), 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.. The Honorable Merrick B. Garland The Honorable Lisa O. Monaco. It then created a system for the public to file complaints against immigration judges. 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 (INS v. Cardoza-Fonesca). 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. 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. And a Juris for the public to file complaints against immigration judges denied 85.4 % of asylum claims fiscal... Fearful of the Judge is something on the journey, they were elected in 2013 to the Courthouse... 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