Freedom for Immigrants is a 501(c)(3) non-profit based in California. Posted November 10th, 2015. Your donation to match our RFA grant helps keep her writing stories like this one. 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* . Gutierrez moved with her boys to Oakland, California, to join her husband, and petitioned to have her case moved to San Francisco. By MICA ROSENBERG, READE LEVINSON and RYAN McNEILL. She first interviewed Judge Marks, then-president of NAIJ, for, Understanding the Crisis in Our Immigration Courts, Legal Alliance for Reproductive Rights (LARR), SF-Marin Lawyer Referral and Information Service. As the sole breadwinner in his family, he said his wife and kids would suffer emotionally and financially if he were deported. Before: Richard A. Paez and John B. Owens, Circuit Judges, and Morrison C. England, Jr., * Senior District Judge. (NAIJ) was a natural extension of her skills and influence. More Reuters investigations and long-form narratives, Got a confidential news tip? I got in that moment what that was going to be. The number of immigration judges Biden appoints will also affect the immigration court backlog, currently at 1.3 million cases. No one isanillegal in this country. 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. Judge Marks says she was never bored. 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. She has a law degree from Tulane Law School. Variations among judges and courts are broad. Demonstrates unlawful and inappropriate manifestations of bias in the courtroom. I want everyone to feel validated, listened to., To manage an immigration courtroom, says Rebecca Bowen Jamil, who retired from the bench and is currently an attorney with Argumedo Garzon Law Group in San Francisco, you have to be flexible and have the knowledge to be flexible. Judge Marks succeeded, Jamil says, because she has a big personality, and she has the goods to back it up. Judge. From 1994 to 1995, he served as a staff attorney with the New Mexico Court of Appeals. Individuals can sign up for a court watch training at bit.ly/courtwatch1. He is especially unsuited to hear cases involving survivors of torture applying for asylum and other forms of immigration relief. 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 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. 0% San Francisco; 0% Denver; 0% Dallas, TX; 0% Boston; 0% Los Angeles; 0% Atlanta; Salary Ranges for Immigration Judges. Im not judging whether you employed illegals. 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. 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. They had early success, he said, when they persuaded police to provide officers to guard the school. 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. 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. Washington, DC 20530-0001 Washington, DC 20530-0001. Volunteer lawyers helped the women prepare and submit their applications for asylum. San Francisco immigration judge begs officials to close her courtroom over coronavirus. 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. In 2020, of the 30,173 individuals from the Northern Triangle that received a decision on asylum claims 27,020 were denied. To give spirit to the letter of this budget . 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. She quickly discarded that notion. 12/31/2020 4:34:37 PM . The case is currently in the appeal process. Because these complaints rarely generate substantial disciplinary actions and there isa fear of retaliation from the judges, immigration attorneys and their clients often hesitate toreport misconducts, said Austin Kocher, a research associate professor at the Transactional RecordsAccess Clearinghouse (TRAC), a research instituteat Syracuse University. Juans case was initially assigned to Judge Thomas Janas, an immigration judge in Cleveland who has since retired. A few years ago, when his case was reassigned to Riley, Juan heard from friends that the new judge was unusually harsh. 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. From 2015 to 2022, she was the Associate I thought, I have to go now. 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. The longer a judge has been serving, the more likely that judge is to grant asylum. 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. 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. Sandra Gutierrez joined her husband in California, where her case was heard by a San Francisco immigration court judge. There they piled with another group of migrants into an inflatable raft and crossed the Rio Grande, the border between Mexico and the United States. 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. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. In the 1980s, AILA (, ) was very stodgy, a reactive organization, Judge Webber says. Its not consistent because a complaint usually starts out with the persons immediate supervisor being told, Marks said. Were more productive if theyre comfortable, she says. 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. The count of deportations included cases in which judges allowed immigrants to leave the country voluntarily. They were elected in 2013 to the board of the parent-teacher association at their children's school in the Honduran capital, Tegucigalpa. John W. Richardson, Immigration Judge, Phoenix, 1990-2018. . REUTERS/Ross D. Franklin/Pool/File Photo. Decisions can be appealed to the Board of Immigration Appeals, an administrative body within the Department of Justice. The San Francisco Immigration Court fast-tracked cases of immigrants who weren't getting their mail. Ana fled with her daughter the night the gang members threatened them on the street. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Antiterrorism and Effective Death Penalty Act (AEDPA). The year before, according to police records in Honduras, gang members killed a school security guard. Judge Marks says her biggest success was seeingH.R. 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. Those who presented their petitions in Texas, Georgia and southern California had high denial rates, as well. 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. Hon. Charles R. Davis. Disregards basic legal rules, causing undue prejudice and wasting public resources. The Biden administration could move to unwind that decision. That roster includes Judges Jamil, King, Miriam Hayward, Stockton, Webber, and Laura Ramirez. SAN FRANCISCO (BCN) It did not take U.S. Immigration Judge Nicholas Ford long to stir up controversy in San Francisco. Because there is no TurboTax for immigration law.. 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.. 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. But theyre not holding their breath. Central Americans are among the least successful at gaining asylum from U.S. immigration court judges, a Reuters analysis found. Mattingly, the EOIR spokeswoman, said the agency held training sessions for judges to address the disparities in 2008 and 2009. 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. On the journey, they were kidnapped common for Central American migrants and held for a $3,500 ransom. 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. Immigration Court. Lt. Jonathan Scott Simpson '95 has been appointed Immigration Judge, San Francisco Immigration Court, by the Executive Office for Immigration Review. The judge denied her petition and ordered her deported. . The clients loved her, says Ungar. She was so good to him. This was something Judge Marks had learned from her experience with her own clients. 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. I love the Wild West aspect of it.. We were the brave ones. Couch and Holyoak and their courts. Lack of legal counsel handicaps asylum seekers, but judges also biased against migrants of color, advocates say. I saw the denial coming after seeing everything that Judge Riley was doing. Of the 28 immigration judges Sessions has appointed so far, 16 are former ICE prosecutors. 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. Ugarte says he felt elated when he learned he would appear before her, not because all cases were granted, but because you felt heard., Judge Markss generosity extended to her colleagues on the bench. 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. The union kept me intellectually stimulated, she says. I want to stay because of my kids, said Juan, who recently bought a new house for his family. This material may not be published, broadcast, rewritten, or redistributed. She was always there for me, emotionally and intellectually.. 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. 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. The journey took three weeks. 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. They said they would kill me and my children. 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. May 19, 2021. 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. 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. The Honorable Merrick B. Garland The Honorable Lisa O. Monaco. Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. Alumni Relations. 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. They were eventually transferred to the ICE detention center in Artesia. See how your salary compares to other Immigration Judges with Comparably. In a 2016 report, the GAO found that little had changed. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA)andAntiterrorism and Effective Death Penalty Act (AEDPA)of 1996, as well as theREAL ID Act of 2005, had serious impacts on asylum cases and the parameters of the courts. 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. She is known for her fierce advocacy for the court. Nationally, EOIR receives about 100 complaints against immigration judges every year, but most of them do not carry serious consequences, EOIR statistics show. 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. Learn more about how to check your immigration court date and the status of your immigration case from here. In 2012, ICE agents arrested Juan at his home and put him in deportation proceedings. These are life or death matters. ), 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.. 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. The other woman, Ana, joined her daughters father in the southeastern United States, andher case was assigned to an immigration court in Charlotte, North Carolina. Four of the 31 new immigration judges are assistant chief immigration judges who will oversee six immigration courts. You can't file a complaint one day against a judge and the next day come in with your client and expect the judge to treat them well. (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 Trump administration filled the openings and expanded the size of the bench,appointing 10 judges who currently make up the court. 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. There is no training on the 2017 calendar. FY 2015-2020. They landed near Hidalgo, Texas. 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. And according to the Department of Homeland Security, most of those coming across the border without authorization since are from Mexico. 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. Possible outcomes include asylum; adjustments of status; stay of deportation; and deportation. Unaware of each others plight, both fled with their children, making the dangerous trek across Mexico. Add Photos. They have more understanding of trauma survivors and the difficulty they might have in recounting certain details and little discrepancies, she said. 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. Ill have to weigh my options and consider how bad it is before I stick my neck out there.. Are they also Mexicans? Riley said, as shown incourt transcripts cited in a complaint filed later. Immigration Judge Emily N. Farrar-Crockett began hearing cases at the Falls Church Adjudication Center in October 2018. Riley stopped hearing cases for a few weeks in July and August, but returned shortly after, according to hearing schedules shared with the Dispatch. Instead of submitting a complaint against Owen, however, the immigration attorney opted to voice his concerns in an appeal, which is currently pending. Senators Announce GAO Investigation of the Politicization and Mismanagement of Immigration Courts - September 14, 2020; Take Action. I will believe things when they happen, if they happen, one Cuban migrant whos been living in Juarez said last week. The state court had plexiglass barriers, an air. I think about the hundreds of thousands of immigrants across the country who have been wronged by the misconducts of Trump-appointed judges, she said. Of course, other factors influence outcomes in immigration court. 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. Nationality and filing a case with the right judge played a role in cases were asylum was granted, according to the data. There are still good judges out there. Judge Butler earned a Bachelor of Arts in 2003 from Cornell College and a Juris . 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 May2021, the Ohio chapter of theAmerican Immigration Lawyers Association submitted a group complaint against Riley to the Executive Office for Immigration Review (EOIR), an agency within the Department of Justice that oversees immigration courts. People familiar with the system are well aware of the difference. , had serious impacts on asylum cases and the parameters of the courts. 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. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. Judge Marks says her biggest success was seeing, H.R. Two of them were dismissed. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. They said, Were going to kill themembers of the parent-teacher association to get them out of here. So the women fled.. Couch is the toughest of Charlottes three immigration judges, according to the Reuters analysis. Shes the GOAT of immigration judges! declares Francisco Ugarte, Manager of the Immigration Defense Unit of San Franciscos Public Defenders Office. 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. People show up in our office (and) they have no idea why someone wants to kill them. Gutierrez contacted relatives who wired the money. Immigrant rights organizations, attorneys file complaint against local Immigration Judge. 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. This is the phone number you can use to contact the court's clerks or the judges' legal assistants. 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. According to TRAC, denial rates were at 54.6% in fiscal year 2016 (the last full year of Barack Obamas presidency). As a result, credibility is really the key factor. The case was transferred to a new judge who sentenced Puente to time . . William L. Abbott decided the largest number of cases (344) in fiscal year 2020 and denied 89.2% of them (307). 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. Now they had come to deliver a message to Gutierrez. In the Charlotte court, Anas lawyer focused more narrowly on her political opinion, arguing that she was at risk of persecution for her opposition to gangs in her position on the parent-teacher association board. Please consider making a tax-deductible donation athttps://bit.ly/3fNsGaZ. The older one, once threatened by gangs in Honduras, likes studying history and math and is learning to play the cello. There, they applied for asylum. The incident occurred on 13 February, and the San Francisco-based 9th US Circuit Court of Appeals has confirmed the probe. The other 27 immigration judges will serve across the country on 19 immigration courts. Earlier this month, the Justice Department announced 28 new immigration judges, bringing the number of such judges to more than 465, a record high. 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. U.S. immigration courts are administrative courts within the Department of Justices Executive Office for Immigration Review. With Riley, it felt like she just wanted me out. This time, her lawyer included arguments about her membership in a particular social group. More than 300 judges are spread among 58 U.S. immigration courts in 27 states, Puerto Rico and the Northern Mariana Islands. 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. 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). Immigration court doesnt have contempt, so I had to use charm, she says. The administration of President Donald Trump is continuing the effort. 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. 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. 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