They landed near Hidalgo, Texas. 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. CLEs. Talking with her former colleaguesmany of whom are now also her friendsis an uplifting experience. 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). 2018 or 2020, and 5% or . 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. 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. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. 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. 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. 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 case was transferred to a new judge who sentenced Puente to time . 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. Couch and Holyoak and their courts are not rare outliers, the analysis found. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. I got in that moment what that was going to be. More Reuters investigations and long-form narratives, Got a confidential news tip? . Ana missed the deadline to appeal the BIA decision to the 4th U.S. Copyright 2005-2023 The Bar Association of San Francisco |, Unpacking the Legacy of Judge Dana Leigh Marks, on December 31, 2021, Judge Dana Leigh Marks* had built an inspiring reputation as a leader, mentor, and advocate. 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. According to TRAC, denial rates were at 54.6% in fiscal year 2016 (the last full year of Barack Obamas presidency). The Federal Bar Association and the National Association of Immigration Judges have endorsed the idea of creating an immigration court system independent of the executive branch. A few years ago, when his case was reassigned to Riley, Juan heard from friends that the new judge was unusually harsh. The agency does not identify judges who were the subjects of complaints. Additionally, the coalition is calling on the community to help hold San Francisco Immigration Court accountable. The advocates testified that, while asylum is granted in nearly half of cases nationwide, Charlotte judges granted asylum in just 13 percent of cases in 2015. It is unclear why the judge was absent. 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. Shuting Chen, Immigration Judge, San Francisco Immigration Court . 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. 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. It has also been politically charged, as immigration courts fall under the jurisdiction of theUS Department of Justice (DOJ), Executive Office for Immigration Review (EOIR). She made it more proactive, trying to affect the law. Help us advocate for . Her boys are in school. Were more productive if theyre comfortable, she says. In New York City, 24 percent do. He noted that she testified about her fears of the gang with a flat affect and little emotion, displaying a poor demeanor that did not support her credibility.. From there, cases can be appealed to federal appeals court. The kidnappers released her and her two sons near the U.S. border. I thought, I have to go now. I will believe things when they happen, if they happen, one Cuban migrant whos been living in Juarez said last week. 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 year before, according to police records in Honduras, gang members killed a school security guard. Instead of submitting a complaint against Owen, however, the immigration attorney opted to voice his concerns in an appeal, which is currently pending. 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. Denial Rate. By the time she retired from San Francisco's Immigration Court on December 31, 2021, Judge Dana Leigh Marks* had built an inspiring reputation as a leader, mentor, and advocate. Pasadena, California . She can look back with satisfaction at the mass of people whose lives she helped, says Ungar. 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. The courts handle cases to determine whether an individual should be deported. In immigration court, the asylum seeker is typically the only witness. The average salary for an Immigration Judge is $72,811 per Year in the United States. Its an emotionally trying job. 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 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. She and her lawyers declined to share more detailed information about her situation because she remains fearful of the gangs in Honduras. Scott Bratton, president of AILA-Ohio, did not wish to comment on the complaint. 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. Ill have to weigh my options and consider how bad it is before I stick my neck out there.. From 2000 to 2008, she served as a staff attorney for ASK Law Group, in Sherman Oaks, California. 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. In the 1980s, AILA (, ) was very stodgy, a reactive organization, Judge Webber says. Couch is the toughest of Charlottes three immigration judges, according to the Reuters analysis. The third pointed a gun at Anas head. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. Hondurans enjoy no special considerations. Knight Institute Calls on DOJ's Exe cutive Office for Immigration Review to Suspend Policy Silencing Immigration Judges, (Jan. 6, 2020), https: . And according to the Department of Homeland Security, most of those coming across the border without authorization since are from Mexico. May 19, 2021. Immigration attorneys dont file these complaints often enough because they still have to practice in front of these judges, said Kocher, whose research focuses on immigration policies. We were the brave ones. She showed us all how to be fierce advocates for justicefor what is true and right and justwithout crossing over lines, says Judge King. Immigrant rights organizations, attorneys file complaint against local Immigration Judge. 950 Pennsylvania Avenue, NW 950 Pennsylvania Avenue NW. She quickly discarded that notion. 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. The courts facedand continue to grapple witha crisis of backlogged cases. Both were taken into custody near Hidalgo, Texas, and ended up finding each other in the same U.S. Immigration and Customs Enforcement (ICE) detention center in Artesia, New Mexico. Those who presented their petitions in Texas, Georgia and southern California had high denial rates, as well. 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 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.. 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. The judge denied her petition and ordered her deported. People show up in our office (and) they have no idea why someone wants to kill them. STEP 1: Arrive in the U.S. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. 200 A Honduran migrant wears a sanitary mask while waiting in line to plead . James Roder, the court administrator at the Cleveland Immigration Court, declined to offer a response. 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. Ana moved with her daughter to live with her daughters father and petitioned to have her case moved to Charlotte. He was invested on November 6 and will begin hearing cases this month. San Francisco, CA. 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. 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. These are life or death matters. The rules of evidence are [only] a guide, theres no pretrial discovery, she says. Were all humans. 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. Three led to oral counseling. The courts in Dallas, Houston, Las Vegas and Atlanta also received the designation. 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. The courts facedand continue to grapple witha crisis of backlogged cases. 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. 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. A grant from El Paso Bar Foundation provides an additional $3,700 for the agencys Removal Defense unit. Two rival gangs the Barrio 18 and the Mara Salvatrucha, also known as MS-13 were operating brazenly in the neighborhood. Charles R. Davis. Sep 2013 - Dec 20141 year 4 months. Emmanuel Olawale, a Westerville-based immigration attorney, said he has faced this dilemma firsthand. . 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