The case was transferred to a new judge who sentenced Puente to time . Judge Marks faced daunting challenges during her tenure. 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. 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. ICE has not released their estimate of how many cases would be cleared under this plan. 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. Learn more about how to check your immigration court date and the status of your immigration case from here. 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. 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. No one isanillegal in this country. The question of equality of treatment among judges has gained urgency as the number of cases in immigration court has ballooned to record highs. 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. He jokes he decided to hire her the minute she insisted on paying her own fare. Do you know the people? I will believe things when they happen, if they happen, one Cuban migrant whos been living in Juarez said last week. I love the Wild West aspect of it.. 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. 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. 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. Judge. 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 situation in our country is getting worse and worse.. Its not that she is lying. Scott Bratton, president of AILA-Ohio, did not wish to comment on the complaint. Threatened by gangs in Honduras, two women sought asylum in the United States. 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. She quickly discarded that notion. Yilun Cheng is a Report for America corps member andcovers immigration issues for the Dispatch. They drove all night to her friends mothers house in another town. She joined another woman and, with their children, they set out to cross Mexico. Riley stopped hearing cases for a few weeks in July and August, but returned shortly after, according to hearing schedules shared with the Dispatch. I vowed to be my authentic sense of self. Retired Immigration Judge Polly Webber, saw an aspirational role model. 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. 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. Numerous legal providers and community members have expressed strong concerns about Fords racist history influencing his work in San Francisco. All of the new immigration judges discussed in this post were selected by former Acting Attorney General Matthew Whitaker. She remains active today as president emerita. SAN FRANCISCO, CALIFORNIA -- On November 12, 2020 a coalition of legal service providers, community members, the San Francisco Public Defender, and the National Lawyers Guild - San Francisco Bay Area filed a complaint today with the Department of Justice (DOJ) Executive Office for Immigration Review (EOIR) against San Francisco-based Immigration Judge Nicholas Ford for his racist, ableist and hostile treatment of immigrants, attorneys and witnesses. John W. Richardson, Immigration Judge, Phoenix, 1990-2018. . It feels like the judge has no compassion for us and doesnt like Latinos.. 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., Kathleen Guthrie Woods is a long-time contributor to, San Francisco Attorneymagazine. People show up in our office (and) they have no idea why someone wants to kill them. Weeks apart, in the spring of 2014, each of the women was confronted by armed gang members who vowed to kill them and their children if they didnt meet the thugs demands. In New York City, 24 percent do. The Executive Office for Immigration Review had 2,383 employees in 2015 with an average pay (base salary + bonus) of $118,095.97. We had to jump over a wall, and I hurt my foot doing so, she said in an affidavit. Immigration Judge Emily N. Farrar-Crockett began hearing cases at the Falls Church Adjudication Center in October 2018. 6577, Real Courts, Rule of Law Act of 2022, and passed by the House Judiciary Committee in May of this year. 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. This time, her lawyer included arguments about her membership in a particular social group. 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. Opinion by Judge Owens * The Honorable Morrison C. England, Jr., United States Senior District Judge for the Eastern District of California . In the 1980s, AILA (American Immigration Lawyers Association) was very stodgy, a reactive organization, Judge Webber says. . Ana missed the deadline to appeal the BIA decision to the 4th U.S. Argued and Submitted November 20, 2020 . Two of them grabbed Ana and her daughter, pinned their wrists behind their backs, and pointed a gun at the childs head. I began to panic and shake, she said. *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). 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. . She can look back with satisfaction at the mass of people whose lives she helped, says Ungar. Of the Mexicans, 5,196 of the 6,113 who applied were told to go back home. Those on the other side of the complaints the immigration judges also take issues with the EOIR discipline process. Decisions. Every story is individual, she says, and every person deserves to be heard. Visit theBorderReport.com homepagefor the latest exclusive stories and breaking news about issues along the United States-Mexico border. 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. The money will be used in partnership with the Loretto Volunteer Project to help migrants, including those sent to Juarez, Mexico under U.S. Customs and Border Protections Migrant Protection Protocols, or MPP, program. I came here when I was very young. 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. 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. Jamil adds Judge Markss tireless work for the union and giving a professional, female voice to immigration judges to her list of accomplishments. I didnt have to scare or browbeat people into my decisions, says Judge Marks. 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. Groups like the Southern Poverty Law Center allege the Attorney Generals Office has weaponized the nations asylum courts against immigrants of color. 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. This years 71.6% denial rate excludes those who didnt win asylum but were granted a stay of removal, otherwise itd be even higher. 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. They landed near Hidalgo, Texas. (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 union kept me intellectually stimulated, she says. These are life or death matters. Ana fled with her daughter the night the gang members threatened them on the street. 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* . San Francisco, CA. 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. He is especially unsuited to hear cases involving survivors of torture applying for asylum and other forms of immigration relief. The firm made a wise choice. (Reuters) - A conservative judge appointed by former Republican President Donald Trump to the San Francisco-based 9th U.S. But theyre not holding their breath. 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), . Men are more likely than women to order deportation, as are judges who have worked as ICE prosecutors. Sep 2013 - Dec 20141 year 4 months. From 2020 to 2022, she served as a staff attorney in She perseveres solely because she believes it is important to make a difference wherever you can.. Sixty-one percent of all complaints closed in the fiscal year 2020 ended up being dismissed. 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 clients loved her, says Ungar. The state court had plexiglass barriers, an air. The kidnappers released her and her two sons near the U.S. border. Some of the supervisors discuss the complaint with the judge immediatelyand others dont. James Roder, the court administrator at the Cleveland Immigration Court, declined to offer a response. 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. Were more productive if theyre comfortable, she says. They have more understanding of trauma survivors and the difficulty they might have in recounting certain details and little discrepancies, she said. Pasadena, California . 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. San Francisco immigration judge begs officials to close her courtroom over coronavirus. Two of them were dismissed. Their nature ranged from alleged due process violations to concerns over in-court conducts, records show. Alumni Relations. For example, U.S. government policy is more lenient toward people from some countries, less so for others. The information is gathered by experienced and trusted Nexstar Media Group journalists hired specifically to cover the border. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Antiterrorism and Effective Death Penalty Act (AEDPA). The 43-year-old father of three from Mexico,who asked to remain anonymous for fear of retaliation, had already gone through three hours-long hearings for his application to obtain permanent residency. Were all humans. 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. 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.. 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. (Previously, appointments were considered promotions for prosecuting attorneys from INS.) Central Americans are among the least successful at gaining asylum from U.S. immigration court judges, a Reuters analysis found. She is known for her fierce advocacy for the court. She is known for her fierce advocacy for the court. Robert S. Hough had the highest denial rate (92.2%), according to TRAC. According to TRAC, denial rates were at 54.6% in fiscal year 2016 (the last full year of Barack Obamas presidency). 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. The odds of being successful if unrepresented was much lower (17.7%) than for represented asylum seekers (31.1%) in fiscal year 2020.. The lack of a transparent complaint process is especially concerninggiven this influx of new judges, who tend to come from enforcement backgrounds and lack experience on the bench, Nemecek said. Its just that she forgets things.. Reviews Deals Couch and Holyoak and their courts. 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. 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. She was always there for me, emotionally and intellectually.. She quickly packed some backpacks for her and her children and called the only friend she knew who had a car. Also, immigration judges are bound by precedents established in the federal appeals court that covers their location. The Reuters analysis also found that an immigration judges particular characteristics and situation can affect outcomes. In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus of immigration judges. Judge Halperin is a member of the Utah State Bar. 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. The word Reviews; Business Tech; Finance; Markets; . U.S. Department of Justice U.S. Department of Justice. Because there were no police here, (the gangs) did what they wanted," he said. 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. 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. She is known for her compassion and fairmindedness. The new lawyers argued that her previous representation had been ineffective. 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. On Thursday, a coalition of 17 legal services and immigration. Talking with her former colleaguesmany of whom are now also her friendsis an uplifting experience. Shes funny and insightful, she says. When he turned 16, he left his hometown and crossed the border by himself in search for a better life, settling in Columbus. Two rival gangs the Barrio 18 and the Mara Salvatrucha, also known as MS-13 were operating brazenly in the neighborhood. Charles R. Davis. Treats immigrants, witnesses, and practitioners in an unprofessional and hostile manner. Couch and Holyoak and their courts are not rare outliers, the analysis found. The Biden administration could move to unwind that decision. 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.. 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. It is painfully apparent how much the clients we serve have overcome throughout their lives, says Roxana Moussavian, immigration attorney at Pangea Legal Services. Legal Aid at Work. After graduating law school at age 23, Judge Marks went into private practice at Simmons & Ungar. Judge Marks faced daunting challenges during her tenure. 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. From there, cases can be appealed to federal appeals court. 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 longer a judge has been serving, the more likely that judge is to grant asylum. Another 35% ended with additional counseling or training of the judge involved. The Reuters analysis used data from the Executive Office for Immigration Review (EOIR), the U.S. Justice Department unit that oversees immigration courts. Attorney General of the United States Deputy Attorney General of the United States. Your donation to match our RFA grant helps keep her writing stories like this one. From 2000 to 2008, she served as a staff attorney for ASK Law Group, in Sherman Oaks, California. 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. Couch wrote in his opinion that Anas difficulty recounting the names of the women on the association board weighed against her credibility. Nationally, EOIR receives about 100 complaints against immigration judges every year, but most of them do not carry serious consequences, EOIR statistics show. But the patrols left after a few weeks, probably intimidated by the gangs. Copyright 2023 Nexstar Media Inc. All rights reserved. She is known for her compassion and fairmindedness. Emmanuel Olawale, a Westerville-based immigration attorney, said he has faced this dilemma firsthand. Argued that her previous representation had been ineffective witnesses, and passed by the gangs did... 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