About half the cases in the analysis were filed by asylum seekers like the two Honduran women. 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 most common occupation was general attorney, followed by general legal and kindred administration. The asylum appeal process is equally politicized, the group says. But the bulk of asylum seekers who came during the 2018-2019 migrant surge were Central Americans. Scott Bratton, president of AILA-Ohio, did not wish to comment on the complaint. Possible outcomes include asylum; adjustments of status; stay of deportation; and deportation. ; On June 24, 2020 we collaborated with NLG-Los Angeles, National Immigration Project of the NLG, and the NLG National Office to provide a CLE on 'Fighting for the Release of Detained . She deeply cared about due process, says Ugarte. 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. 0% San Francisco; 0% Denver; 0% Dallas, TX; 0% Boston; 0% Los Angeles; 0% Atlanta; Salary Ranges for Immigration Judges. Reuters Investigates offers several ways to securely contact our reporters, Before, no one wanted to say anything about the gangs, Gutierrez said. An immigrant was still four times as likely to be granted asylum by Holyoak in San Francisco as by Couch in Charlotte. 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. 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. From 2000 to 2008, she served as a staff attorney for ASK Law Group, in Sherman Oaks, California. The first judge I had, he was strict, but he seemed like a very capable judge and I felt really comfortable, Juan said. Before: Richard A. Paez and John B. Owens, Circuit Judges, and Morrison C. England, Jr., * Senior District Judge. 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 works as an office janitor and is taking English classes. 950 Pennsylvania Avenue, NW 950 Pennsylvania Avenue NW. Anas response to Couchs extensive questioning played a part in the decision. Immigration Judge Nicholas Ford is terrorizing the San Francisco immigrant community. 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). 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. Now, they were extorting teachers, selling drugs openly and assaulting or killing anyone who confronted them. Gutierrez hid for two months at her friends mothers house outside Tegucigalpa. I can think of one case I had in front of her, says Ilyce Shugall, a former immigration judge who is currently managing attorney with Immigrant Legal Defense. EL PASO, Texas (Border Report) Asylum denial rates in America reached a record high 71.6% in the fiscal year 2020, an immigration think-tank reported. Immigration judges, appointed by the U.S. attorney general, are not authorized to speak on the record about cases. We were the brave ones. 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. 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. Gutierrez contacted relatives who wired the money. She made it more proactive, trying to affect the law. Hesaid he was nervous and exhausted when he stepped into the court on Oct.16, 2020, for his fourth hearing. I want to stay because of my kids, said Juan, who recently bought a new house for his family. . On the journey, they were kidnapped common for Central American migrants and held for a $3,500 ransom. I came here when I was very young. She is known for her compassion and fairmindedness. John W. Richardson, Immigration Judge, Phoenix, 1990-2018. . Shuting Chen, Immigration Judge, San Francisco Immigration Court . 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. 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. 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. There, they applied for asylum. She remains active today as president emerita. There is no training on the 2017 calendar. Demonstrates unlawful and inappropriate manifestations of bias in the courtroom. 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. When she started, she was one of few women. New Company Ratings Recent Salaries by Company. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. It feels like the judge has no compassion for us and doesnt like Latinos.. She made it more proactive, trying to affect the law. I love the Wild West aspect of it., National Association of Immigration Judges. Senators Announce GAO Investigation of the Politicization and Mismanagement of Immigration Courts - September 14, 2020; Take Action. 2 Reviews. People show up in our office (and) they have no idea why someone wants to kill them. 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. Judge Stuart Couch, who heard Anas case in Charlotte, orders immigrants deported 89 percent of the time, according to a Reuters analysis of more than 370,000 cases heard in all 58 U.S. immigration courts over the past 10 years. From 2013-2018, she worked as an immigration attorney. I was the first to do the Families with Children Docket, which became known as rocket docket, Judge King recalls. The next year, researchers at Temple University and Georgetown Law School concluded in a study titled Refugee Roulettethat in many cases, the most important moment in an asylum case is the instant in which a clerk randomly assigns an application to a particular asylum officer or immigration judge. In 2008, the U.S. Government Accountability Office (GAO) found similar disparitiesin its own study. For example, courts ruled in favor of Chinese immigrants 75 percent of the time, the Reuters analysis found. I didnt have to scare or browbeat people into my decisions, says Judge Marks. 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. They said they knew I was involved in the parents association, Gutierrez said. 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. His demonstrated bias undermines due process for asylum seekers and immigrants of color. It is imperative that President-elect Biden swiftly direct the Department of Justice to reign in or remove hostile adjudicators like IJ Ford from the courts and ensure due process for immigrants. Theres a wide spectrum of when judges are notified, how much information they are provided, and whether they are allowed to give their side of the story before decisions are made.". 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. I vowed to be my authentic sense of self. Retired Immigration Judge Polly Webber, saw an aspirational role model. 6577, Real Courts, Rule of Law Act of 2022introduced in Congress byRepresentative Zoe Lofgrenand passed by the House Judiciary Committee in May of this year. Three percentconcluded with retirement, resignation or termination, and none gave rise to other disciplinary actions like reprimand or suspension. Shuting Chen was appointed as an Immigration Judge to begin hearing cases in October 2022. Sep 2013 - Dec 20141 year 4 months. I am not going to risk my childs life. . Persecutors dont give affidavits, said Andrew Arthur, a former immigration judge who now works at the Center for Immigration Studies, a nonprofit organization that supports lower levels of immigration. In New York City, 24 percent do. About the Immigration Judge. In a 2016 report, the GAO found that little had changed. She was young, intelligent, interested in law, committed to immigration and immigrants, committed to people. In what has become a treasured memory for both of them, her job interview took place in a unique setting. 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.. 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.. From 1994 to 1995, he served as a staff attorney with the New Mexico Court of Appeals. Gutierrez moved with her boys to Oakland, California, to join her husband, and petitioned to have her case moved to San Francisco. Judge Lerner earned a Bachelor of Arts in 1999 from Columbia University and a Juris Doctorate in 2002 from Columbia University School of Law. Learn more about how to check your immigration court date and the status of your immigration case from here. 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 courts facedand continue to grapple witha crisis of backlogged cases. The October announcement explained that " [s]ince Jan. 20, 2017, the [Department of Justice] has increased EOIR's immigration judge corps from 306 to 520 adjudicators an increase of nearly 70 percent." As the sole breadwinner in his family, he said his wife and kids would suffer emotionally and financially if he were deported. 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. 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). Emmanuel Olawale, a Westerville-based immigration attorney, said he has faced this dilemma firsthand. SAS Output. It is unclear why the judge was absent. 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. 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. Judge Chen earned a Bachelor of Arts in 2006 from the University of Oklahoma and a Juris Doctor in 2009 from Harvard Law School. They were allowed to stay in the United States in just 16 percent of cases, the Reuters analysis found. The San Francisco Immigration Court fast-tracked cases of immigrants who weren't getting their mail. 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. . Ana missed the deadline to appeal the BIA decision to the 4th U.S. Couch is the toughest of Charlottes three immigration judges, according to the Reuters analysis. Judge Marks says she was never bored. Couch and Holyoak and their courts are not rare outliers, the analysis found. 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. In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus of immigration judges. Knight Institute Calls on DOJ's Exe cutive Office for Immigration Review to Suspend Policy Silencing Immigration Judges, (Jan. 6, 2020), https: . 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.. The definition of a particular social group has been subject to conflicting interpretations in the courts, but in general, such a group comprises people who share basic beliefs or traits that cant or shouldnt have to be changed. 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. 415-705-4415. The court used to have only three judges, all of whom have since left their posts. 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. My client was seriously mentally ill, there were a lot of complexities in his case. She remains active today as president emerita. Shes funny and insightful, she says. On December 18, 2020, the EOIR announced the investiture of an additional 14 immigration judges. Of the Mexicans, 5,196 of the 6,113 who applied were told to go back home. Earlier this month, the Justice Department announced 28 new immigration judges, bringing the number of such judges to more than 465, a record high. More than 300 judges are spread among 58 U.S. immigration courts in 27 states, Puerto Rico and the Northern Mariana Islands. 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. 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. 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. 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 Dalin Holyoak, who heard Gutierrezs case in San Francisco, orders deportation in 43 percent of cases. You really get those Perry Mason moments in immigration court. They drove all night to her friends mothers house in another town. I am very worried about her, Gutierrez said. Gutierrez can live and work legally in the United States and will ultimately be able to apply for citizenship. 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.. There are still good judges out there. She is known for her fierce advocacy for the court. The clients loved her, says Ungar. Judge Monique Harris in Houston allows immigrants to stay in just four percent of cases. In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus of immigration judges. Are they also Mexicans? Riley said, as shown incourt transcripts cited in a complaint filed later. Gutierrez also said her friend is very forgetful. 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. The judge denied her petition and ordered her deported. Judge Marks says her biggest success was seeing, H.R. WASHINGTON An immigration judge in the San Francisco court abruptly quit his post this week, issuing a scathing letter upon his retirement . How do I know this? Now they had come to deliver a message to Gutierrez. 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. 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. He is especially unsuited to hear cases involving survivors of torture applying for asylum and other forms of immigration relief. 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. The state court had plexiglass barriers, an air. 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. 6577, Real Courts, Rule of Law Act of 2022, and passed by the House Judiciary Committee in May of this year. 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. The Charlotte court that would hear Anas case was one of five jurisdictions labeled asylum free zones by a group of immigrant advocates in written testimony last Decemberbefore the Inter-American Commission on Human Rights. She can look back with satisfaction at the mass of people whose lives she helped, says Ungar. 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. Posted November 10th, 2015. 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. Copyright 2023 Nexstar Media Inc. All rights reserved. Legal Aid at Work. *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). 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. Mexicans and citizens from the Northern Triangle of Central America Honduras, Guatemala and El Salvador were the most likely to be turned down. 200 A Honduran migrant wears a sanitary mask while waiting in line to plead . 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. But we have to address these bad judges.. Nationality and filing a case with the right judge played a role in cases were asylum was granted, according to the data. McFarland residents vow to keep organizing after court lets GEO expand immigration detention, look to incoming administration for support, After about 5 minutes of struggle, they forced my index finger on the paper: ICE Forcing More Asylum Seekers to Sign Deportation Paperwork as Another Deportation Flight to Cameroon Looms. In Atlanta, 89 percent of cases result in a deportation order. 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. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. STEP 2: Apply for Asylum STEP 3: Fingerprinting and Background/Security Checks STEP 4: Receive an Interview Notice STEP 5: Interview STEP 6: Asylum Officer Makes Determination on Eligibility and Supervisory Asylum Officer Reviews the Decision STEP 7: Receive Decision Related Links Close All Open All Last Reviewed/Updated: Theres just a real lack of systematic accountability.. James Roder, the court administrator at the Cleveland Immigration Court, declined to offer a response. ). 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. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. 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 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. The word Reviews; Business Tech; Finance; Markets; . Immigrant rights organizations, attorneys file complaint against local Immigration Judge. 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. Juans case was initially assigned to Judge Thomas Janas, an immigration judge in Cleveland who has since retired. 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