From 2001-2013, Judge Farrar-Crockett was an attorney with the Louisville Metro Public Defender Office. Jeremy J. Butler, Immigration Judge, San Francisco Immigration Court. Immigration Judge Emily N. Farrar-Crockett began hearing cases at the Falls Church Adjudication Center in October 2018. 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. But I hope someone can help us.. All of the new immigration judges discussed in this post were selected by former Acting Attorney General Matthew Whitaker. One grant from Dallas-based Meadows Foundation includes $56,000 for legal services for incarcerated petitioners. I didnt have to scare or browbeat people into my decisions, says Judge Marks. The third pointed a gun at Anas head. Judge Marks says her biggest success was seeingH.R. 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. Couch and Holyoak and their courts are not rare outliers, the analysis found. And then one day we went to lunch, and there they were.. The previous president was a man, so we thought, We are women, they wont do anything to us. . EOIR spokeswoman Kathryn Mattingly said the agency does not comment on external analyses of its data. 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. 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. Volunteer lawyers helped the women prepare and submit their applications for asylum. As has been true in earlier years, having representation greatly increases the odds of winning asylum or other relief, TRACs Oct. 28 report says. These are life or death matters. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. But theyre not holding their breath. I burst into tears and ran into Danas office for support. STEP 1: Arrive in the U.S. *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). I am very worried about her, Gutierrez said. Shortly after, he applied for an immigration benefit called cancellation of removal to adjust his status, arguing that his removal would cause hardship to his three U.S. citizen children, aged 12, 15 and 16. Judge Chen earned a Bachelor of Arts in 2006 from the University of Oklahoma and a Juris Doctor in 2009 from Harvard Law School. 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 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). Immigration attorneys and their clients are not the only ones who said they are distrustful of the judicial complaint process. 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. 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. 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They landed near Hidalgo, Texas. 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. These are people were dealing with, says Judge Stockton, people who are nervous, if not terrified, and Judge Marks has a gift for helping them feel more at ease in the courtroom. Many immigrants released on bond before their cases are heard have no idea that where they settle could make the difference between obtaining legal status and deportation. I have nothing in Mexico. In Atlanta, 89 percent of cases result in a deportation order. Because there is no TurboTax for immigration law., The firm made a wise choice. A few years ago, when his case was reassigned to Riley, Juan heard from friends that the new judge was unusually harsh. She is known for her fierce advocacy for the court. The Charlotte court was singled out for displaying a particular bias against Central American gang and gender-related asylum claims.. . Ana missed the deadline to appeal the BIA decision to the 4th U.S. Dana Marks, president of the National Association of Immigration Judges, said each case is like a 1,000 piece puzzle. While two cases might look identical on the surface, she said, each judge has to weigh the nuances of immigration law to allow someone to stay in the country, which could lead to different outcomes. The number of immigration judges Biden appoints will also affect the immigration court backlog, currently at 1.3 million cases. 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. Judge Lerner earned a Bachelor of Arts in 1999 from Columbia University and a Juris Doctorate in 2002 from Columbia University School of Law. The courts facedand continue to grapple witha crisis of backlogged cases. 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. 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. 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. On Thursday, a coalition of 17 legal services and immigration. 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. Numerous legal providers and community members have expressed strong concerns about Fords racist history influencing his work in San Francisco. In New York City, 24 percent do. The San Francisco immigration court doesn't have the kind of COVID-19 supplies that he saw in a Wisconsin courthouse in October 2020. 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. There is no training on the 2017 calendar. Click here for the news release. The analysis excluded immigrants who were in detention when their cases were heard because such cases are handleddifferently. 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. Demonstrates unlawful and inappropriate manifestations of bias in the courtroom. In 2012, ICE agents arrested Juan at his home and put him in deportation proceedings. 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. 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). With Riley, it felt like she just wanted me out. 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. Judge Marks faced daunting challenges during her tenure. No one isanillegal in this country. Couch is the toughest of Charlottes three immigration judges, according to the Reuters analysis. Every story is individual, she says, and every person deserves to be heard. . Overwhelming evidence shows that the (AGs Office) has long allowed immigration judges to violate noncitizens rights in a systemic, pervasive manner that undermines the integrity of the court system, the SPLC said in a scathing June 2019 report. 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. Immigration courts in California and the Pacific Northwest fall under the 9th U.S. From 1994 to 1995, he served as a staff attorney with the New Mexico Court of Appeals. The question of equality of treatment among judges has gained urgency as the number of cases in immigration court has ballooned to record highs. Sandra Gutierrez joined her husband in California, where her case was heard by a San Francisco immigration court judge. Ana moved with her daughter to live with her daughters father and petitioned to have her case moved to Charlotte. They demanded that a payment of more than $5,000 be delivered in 24 hours, a huge sum for a woman who sold tortillas for a living. This years 71.6% denial rate excludes those who didnt win asylum but were granted a stay of removal, otherwise itd be even higher. "EOIR takes all complaints seriously, investigates all colorable complaints, and takes corrective action when appropriate, Montenegro said in an email statement. 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. Attorney General William P. Barr appointed Jeremy J. Butler as an immigration judge in June 2020. 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. Of the Mexicans, 5,196 of the 6,113 who applied were told to go back home. Shes funny and insightful, she says. Juans application for cancellation of removal was denied in November 2020. She is known for her compassion and fairmindedness. 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. It then created a system for the public to file complaints against immigration judges. Possible outcomes include asylum; adjustments of status; stay of deportation; and deportation. Judge Monique Harris in Houston allows immigrants to stay in just four percent of cases. The other women in the center told me that there was someone else from Honduras who I might know, but I wasnt sure who they were talking about, Gutierrez said. 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. When he turned 16, he left his hometown and crossed the border by himself in search for a better life, settling in Columbus. But it wont really change anything in my clients case. For example, courts ruled in favor of Chinese immigrants 75 percent of the time, the Reuters analysis found. In 2020, of the 30,173 individuals from the Northern Triangle that received a decision on asylum claims 27,020 were denied. The agency does not identify judges who were the subjects of complaints. 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. 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. Because there is no TurboTax for immigration law.. The longer a judge has been serving, the more likely that judge is to grant asylum. 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. As a result, credibility is really the key factor. Lt. Jonathan Scott Simpson '95 has been appointed Immigration Judge, San Francisco Immigration Court, by the Executive Office for Immigration Review. 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. 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. Please consider making a tax-deductible donation athttps://bit.ly/3fNsGaZ. From 2015 to 2022, she was the Associate The clients loved her, says Ungar. The count of deportations included cases in which judges allowed immigrants to leave the country voluntarily. 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 jokes he decided to hire her the minute she insisted on paying her own fare. 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 murders, like more than 93 percent of crimes in Honduras, remain unsolved. Hon. Two of them were dismissed. Rate This Judge / Califica a Este Juez. The 43-year-old, who worked as a nurse in Honduras, lives in a small one-bedroom apartment with her husband, her two sons now 15 and 8 her adult daughter and her grandson. 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). Freedom for Immigrants is a 501(c)(3) non-profit based in California. 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.. Shuting Chen was appointed as an Immigration Judge to begin hearing cases in October 2022. Talking with her former colleaguesmany of whom are now also her friendsis an uplifting experience. 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. These are life or death matters. My client was seriously mentally ill, there were a lot of complexities in his case. In a 2016 report, the GAO found that little had changed. I vowed to be my authentic sense of self. Retired Immigration Judge Polly Webber, saw an aspirational role model. About half the cases in the analysis were filed by asylum seekers like the two Honduran women. However, the women said their reasons for seeking asylum were the same: Gangs had targeted them because of their involvement in the parent-teacher association, and for that, they and their families had been threatened. Earlier this month, the Justice Department announced 28 new immigration judges, bringing the number of such judges to more than 465, a record high. John W. Richardson, Immigration Judge, Phoenix, 1990-2018. . Mexicans and citizens from the Northern Triangle of Central America Honduras, Guatemala and El Salvador were the most likely to be turned down. 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. 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. Theres also an imbalance of power in the courtroom and the fear of retaliation. 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. A grant from El Paso Bar Foundation provides an additional $3,700 for the agencys Removal Defense unit. 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. She made it more proactive, trying to affect the law. Constanza Hevia H. / Special to The Chronicle 2020 She works as an office janitor and is taking English classes. 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. If someones a pretty virgin, is that a good reason for them to rape her in any context? Olawale said. 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. How do I know this? 12/31/2020 4:34:37 PM . Jan. 27, 2020 4 AM PT HOUSTON Immigration Judge Charles Honeyman was nearing retirement, but he vowed not to leave while Donald Trump was president and risk being replaced by an ideologue. She has a law degree from Tulane Law School. . Mattingly, the EOIR spokeswoman, said the agency held training sessions for judges to address the disparities in 2008 and 2009. When she started, she was one of few women. . 950 Pennsylvania Avenue, NW 950 Pennsylvania Avenue NW. More Reuters investigations and long-form narratives, Got a confidential news tip? Three led to oral counseling. 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. Legal Aid at Work. She joined another woman and, with their children, they set out to cross Mexico. 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. You really get those Perry Mason moments in immigration court. 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. The most common occupation was general attorney, followed by general legal and kindred administration. 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. Treats immigrants, witnesses, and practitioners in an unprofessional and hostile manner. The Biden administration could move to unwind that decision. Immigration judges, appointed by the U.S. attorney general, are not authorized to speak on the record about cases. Immigration Judge Nicholas Ford is terrorizing the San Francisco immigrant community. It is clearly troubling when you have these kinds of gross disparities, said Karen Musalo, director of the Center for Gender & Refugee Studies at the University of California Hastings School of the Law in San Francisco. In response to the rising criticism, the Executive Office for Immigration Review began tracking decisions to identify judges with unusually high or low rates of granting asylum. 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. Judge-by-Judge Asylum Decisions in Immigration Courts. 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. 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. I began to panic and shake, she said. Shes the GOAT of immigration judges! declares Francisco Ugarte, Manager of the Immigration Defense Unit of San Franciscos Public Defenders Office. The rules of evidence are [only] a guide, theres no pretrial discovery, she says. She made it more proactive, trying to affect the law. 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. She showed us all how to be fierce advocates for justicefor what is true and right and justwithout crossing over lines, says Judge King. Two of them grabbed Ana and her daughter, pinned their wrists behind their backs, and pointed a gun at the childs head.