Gutierrez moved with her boys to Oakland, California, to join her husband, and petitioned to have her case moved to San Francisco. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. 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. Instead of submitting a complaint against Owen, however, the immigration attorney opted to voice his concerns in an appeal, which is currently pending. 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. Senators Announce GAO Investigation of the Politicization and Mismanagement of Immigration Courts - September 14, 2020; Take Action. Copyright 2023 Nexstar Media Inc. All rights reserved. She quickly discarded that notion. That experience, the Reuters analysis found, makes them 23 percent more likely to order deportation. The case was transferred to a new judge who sentenced Puente to time . 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 other woman, Ana, joined her daughters father in the southeastern United States, andher case was assigned to an immigration court in Charlotte, North Carolina. Immigration Judge Nicholas Ford is terrorizing the San Francisco immigrant community. 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. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. She is known for her intelligence and wit, having coined oft-repeated, appropriate zingers that help people better understand the challenges of immigration court, including Immigration judges do death penalty cases in a traffic court setting and Immigration is more complicated than tax law. (Reuters) - A conservative judge appointed by former Republican President Donald Trump to the San Francisco-based 9th U.S. We discussed cases together. In addition to helping her colleagues with the analysis of cases, Judge Marks was available for emotional support. Were all humans. 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. 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 quickly packed some backpacks for her and her children and called the only friend she knew who had a car. 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. 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. James Roder, the court administrator at the Cleveland Immigration Court, declined to offer a response. Shuting Chen, Immigration Judge, San Francisco Immigration Court . She was our fearless leader in the union, says Judge King, who was Union site representative in San Francisco while Judge Marks was president. This is the phone number you can use to contact the court's clerks or the judges' legal assistants. The agency does not identify judges who were the subjects of complaints. (Previously, appointments were considered promotions for prosecuting attorneys from INS.) Sixty-one percent of all complaints closed in the fiscal year 2020 ended up being dismissed. Its an emotionally trying job. She first interviewed Judge Marks, then-president of NAIJ, forUnderstanding the Crisis in Our Immigration Courts(Spring 2015). Im not judging whether you employed illegals. Filed December 16, 2020 . She helped create an inspiring model for how courtscanbe, says Ugarte, and Judge Webber states, simply, She inspires people all the time., While she has had some limelight in her career, the vast majority of her work has been thankless, 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. When he turned 16, he left his hometown and crossed the border by himself in search for a better life, settling in Columbus. 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. She is known for her fierce advocacy for the court. The question of equality of treatment among judges has gained urgency as the number of cases in immigration court has ballooned to record highs. 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). She perseveres solely because she believes it is important to make a difference wherever you can.. So far, it hasn't. Likewise, the Biden administration last month said it would seek a 21 percent increase to the budget for immigration courts, good enough to hire 100 new immigration judges to begin to ease the courts' massive backlog. ). 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. I began to panic and shake, she said. There are complaints that were made because someone is not happy that they lost a case, and those claims need to be taken with a grain of salt, Schmidt said. Within each court, cases are assigned to judges on a random, rotational basis. 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. 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. Theres also an imbalance of power in the courtroom and the fear of retaliation. One was closed because the judge in question had since retired. SAS Output. 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. 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. On December 18, 2020, the EOIR announced the investiture of an additional 14 immigration judges. The third pointed a gun at Anas head. Judge. Talking with her former colleaguesmany of whom are now also her friendsis an uplifting experience. The average annual salary for Immigration Judges in the US is $121,299. The schools principal, who asked that he and the school not be identified out of fear of retaliation, worked with the board. Constanza Hevia H. / Special to The Chronicle 2020 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. There, they applied for asylum. Riley and Owens have. Denial Rate. As a result, credibility is really the key factor. Legal Aid at Work. Couch wrote in his opinion that Anas difficulty recounting the names of the women on the association board weighed against her credibility. 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. She lost. She is now awaiting a court date after new lawyers got her case reopened. 0% San Francisco; 0% Denver; 0% Dallas, TX; 0% Boston; 0% Los Angeles; 0% Atlanta; Salary Ranges for Immigration Judges. Their nature ranged from alleged due process violations to concerns over in-court conducts, records show. But theyre not holding their breath. One grant from Dallas-based Meadows Foundation includes $56,000 for legal services for incarcerated petitioners. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. Charles R. Davis. Of course, other factors influence outcomes in immigration court. 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. From 2001-2013, Judge Farrar-Crockett was an attorney with the Louisville Metro Public Defender Office. She remains active today as president emerita. 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. The analysis excluded immigrants who were in detention when their cases were heard because such cases are handleddifferently. 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. I came here when I was very young. 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. Hesaid he was nervous and exhausted when he stepped into the court on Oct.16, 2020, for his fourth hearing. She made it more proactive, trying to affect the law. Immigration attorneys and their clients are not the only ones who said they are distrustful of the judicial complaint process. Argued and Submitted November 20, 2020 . The courts facedand continue to grapple witha crisis of backlogged cases. Shes funny and insightful, she says. In the asylum application, Olawales client, a 22-year-old asylum seeker from Cameroon, said armed officers from that country sexually assaulted her when she was a minor while they were searching for English-speaking dissidents like her family. These are life or death matters. 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. 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. Please consider making a tax-deductible donation athttps://bit.ly/3fNsGaZ. She is known for her compassion and fairmindedness. The incident occurred on 13 February, and the San Francisco-based 9th US Circuit Court of Appeals has confirmed the probe. Jamil adds Judge Markss tireless work for the union and giving a professional, female voice to immigration judges to her list of accomplishments. The San Francisco Immigration Court fast-tracked cases of immigrants who weren't getting their mail. Opinion by Judge Owens * The Honorable Morrison C. England, Jr., United States Senior District Judge for the Eastern District of California . Two of them were dismissed. Corrective actions such as counseling or training were taken in 39 cases. 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. 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. She arrived at the Artesia detention center just weeks after Gutierrez. The information is gathered by experienced and trusted Nexstar Media Group journalists hired specifically to cover the border. He was invested on November 6 and will begin hearing cases this month. After graduating law school at age 23, Judge Marks went into private practice at Simmons & Ungar. The count of deportations included cases in which judges allowed immigrants to leave the country voluntarily. 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.. Threatened by gangs in Honduras, two women sought asylum in the United States. On Thursday, a coalition of 17 legal services and immigration. They were eventually transferred to the ICE detention center in Artesia. 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. I didnt have to scare or browbeat people into my decisions, says Judge Marks. 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. Yilun Cheng is a Report for America corps member andcovers immigration issues for the Dispatch. In New York City, 24 percent do. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. Litigating before the US Supreme Courtand winningmight be the pinnacle of many legal careers, but Judge Marks was not one to sit on her laurels. Two rival gangs the Barrio 18 and the Mara Salvatrucha, also known as MS-13 were operating brazenly in the neighborhood. Couch and Holyoak and their courts are not rare outliers, the analysis found. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Antiterrorism and Effective Death Penalty Act (AEDPA). 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. Michael Short / Special to The Chronicle 2019. About half the cases in the analysis were filed by asylum seekers like the two Honduran women. She is known for her compassion and fairmindedness. She is known for her intelligence and wit, having coined oft-repeated, appropriate zingers that help people better understand the challenges of immigration court, including Immigration judges do death penalty cases in a traffic court setting and Immigration is more complicated than tax law. Decisions. She was always there for me, emotionally and intellectually.. 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.". Your donation to match our RFA grant helps keep her writing stories like this one. Immigration courts in California and the Pacific Northwest fall under the 9th U.S. 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. But the patrols left after a few weeks, probably intimidated by the gangs. And according to the Department of Homeland Security, most of those coming across the border without authorization since are from Mexico. That roster includes Judges Jamil, King, Miriam Hayward, Stockton, Webber, and Laura Ramirez. People familiar with the system are well aware of the difference. EOIR held a two-day training session last year. 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. The most common occupation was general attorney, followed by general legal and kindred administration. But I hope someone can help us.. 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. 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. Shes funny and insightful, she says. Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. Laura Ramirez, Immigration Judge, San Francisco, 1997-2018. STEP 1: Arrive in the U.S. Those on the other side of the complaints the immigration judges also take issues with the EOIR discipline process. Romy L. Lerner was appointed as an Immigration Judge to begin hearing cases in May 2022. 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. Who is Judge Marks, and how did she positively influence and impact so many lives? 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. 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. My client was seriously mentally ill, there were a lot of complexities in his case. In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus of immigration judges. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. 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. But the bulk of asylum seekers who came during the 2018-2019 migrant surge were Central Americans. The new lawyers argued that her previous representation had been ineffective. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. In Atlanta, 89 percent of cases result in a deportation order. Hon. 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. *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). Immigration Judge Emily N. Farrar-Crockett began hearing cases at the Falls Church Adjudication Center in October 2018. Another 35% ended with additional counseling or training of the judge involved. 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. I will believe things when they happen, if they happen, one Cuban migrant whos been living in Juarez said last week. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. 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. In late 2014, the two women were released on bond. Of the 28 immigration judges Sessions has appointed so far, 16 are former ICE prosecutors. 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. Circuit Court of Appeals on Tuesday blasted its immigration. Hon. 415-705-4415. The rules of evidence are [only] a guide, theres no pretrial discovery, she says. From 2013-2018, she worked as an immigration attorney. 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. Are they also Mexicans? Riley said, as shown incourt transcripts cited in a complaint filed later. 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. 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. 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. Their backs, and pointed a gun at the Cleveland immigration court has ballooned to record highs L. was... Deportation order petitions he ruled on courts - September 14, 2020 for... Agency does not identify judges who were the subjects of complaints immigration court fast-tracked cases of immigrants who the... 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