Reuters Investigates offers several ways to securely contact our reporters, Before, no one wanted to say anything about the gangs, Gutierrez said. Its not that she is lying. 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 average salary for an Immigration Judge is $72,811 per Year in the United States. They were eventually transferred to the ICE detention center in Artesia. 0% San Francisco; 0% Denver; 0% Dallas, TX; 0% Boston; 0% Los Angeles; 0% Atlanta; Salary Ranges for Immigration Judges. The Reuters analysis used data from the Executive Office for Immigration Review (EOIR), the U.S. Justice Department unit that oversees immigration courts. To then have to stand by as a judge, a member of the same government these clients are seeking protection from, belittles and demonizes their every word, treats them as though they have no dignity, and fails to acknowledge their humanity, its too much. While unfair and antagonistic judges are nothing new to immigrants, Fords misconduct is part of a larger, documented effort by the Trump administration to politicize immigration courts and encourage biased decisions. Immigration courts in California and the Pacific Northwest fall under the 9th U.S. I vowed to be my authentic sense of self. Retired Immigration Judge Polly Webber, saw an aspirational role model. Judge Marks also thrived in this arena because she saw beyond the expectation that her role was solely to facilitate deportations; she saw the humanity inherent in the proceedings. EOIR spokeswoman Kathryn Mattingly said the agency does not comment on external analyses of its data. Administrative Law Judges Effective January 2021 . 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. Individually reported data submitted by users of our website Base Salary $65,625 $72,811 Medium $84,735 Highest Paying Cities for Immigration Judge in the United States Immigration Judge salaries in the United States will pay differently by cities. She was so good to him. This was something Judge Marks had learned from her experience with her own clients. Your donation to match our RFA grant helps keep her writing stories like this one. Reviews Deals Judge Halperin is a member of the Utah State Bar. 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), . From 1994 to 1995, he served as a staff attorney with the New Mexico Court of Appeals. For example, U.S. government policy is more lenient toward people from some countries, less so for others. They landed near Hidalgo, Texas. About half the cases in the analysis were filed by asylum seekers like the two Honduran women. He jokes he decided to hire her the minute she insisted on paying her own fare. Riley and Owens have. Hon. 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. The average annual salary for Immigration Judges in the US is $121,299. Hon. 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. By MICA ROSENBERG, READE LEVINSON and RYAN McNEILL. She was our fearless leader in the union, says Judge King, who was Union site representative in San Francisco while Judge Marks was president. I opened the first file, and there was a picture of the first respondent, probably less than a year old. 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 San Francisco Immigration Court fast-tracked cases of immigrants who weren't getting their mail. Kathleen Guthrie Woods is a long-time contributor toSan Francisco Attorneymagazine. Filed December 16, 2020 . More than 300 judges are spread among 58 U.S. immigration courts in 27 states, Puerto Rico and the Northern Mariana Islands. 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. 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. 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 My client was seriously mentally ill, there were a lot of complexities in his case. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Antiterrorism and Effective Death Penalty Act (AEDPA). 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. Some of those asylum seekers told Border Report recently they hope their chances will improve once Joe Biden takes over the White House. "EOIR takes all complaints seriously, investigates all colorable complaints, and takes corrective action when appropriate, Montenegro said in an email statement. 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. . Ana missed the deadline to appeal the BIA decision to the 4th U.S. It is painfully apparent how much the clients we serve have overcome throughout their lives, says Roxana Moussavian, immigration attorney at Pangea Legal Services. 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. Former immigration judge Rebecca Jamil in Fremont, California, on Dec. 28, 2018. Were more productive if theyre comfortable, she says. Groups like the Southern Poverty Law Center allege the Attorney Generals Office has weaponized the nations asylum courts against immigrants of color. One grant from Dallas-based Meadows Foundation includes $56,000 for legal services for incarcerated petitioners. Judge Mabry is a member of the State Bar of Arizona and State Bar of New Mexico. 6577, Real Courts, Rule of Law Act of 2022, and passed by the House Judiciary Committee in May of this year. When Theodore Murphy, a former ICE prosecutor who now represents immigrants, has a client in a jurisdiction with a high deportation rate but near one with a lower rate, I tell them to move, he said. Gutierrez can live and work legally in the United States and will ultimately be able to apply for citizenship. I got in that moment what that was going to be. On the journey, they were kidnapped common for Central American migrants and held for a $3,500 ransom. Under President Barack Obama, the courts began efforts to hire more immigration judges to reduce the systems burgeoning backlog, which now stands at more than 620,000 cases, nearly 100,000 of them added since last December. I am not going to risk my childs life. . We were the brave ones. But we have to address these bad judges.. 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. You felt you had a fair shot, says Milli Atkinson, Director of the Immigrant Legal Defense Program at JDC and Legal Director of the SFIL Defense Collaborative, who appeared before her as an attorney. 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. Click here for the news release. 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. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. During his time as an Immigration Judge, Ford has consistently terrorized community members through his hostile and unprofessional treatment of those in his courtroom. With the seventh and latest complaint the one led by AILA-Ohio against Riley information regarding the investigation outcome was redacted by the Department of Justice. Theres also an imbalance of power in the courtroom and the fear of retaliation. 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. 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. This is the phone number you can use to contact the court's clerks or the judges' legal assistants. Judge Chen earned a Bachelor of Arts in 2006 from the University of Oklahoma and a Juris Doctor in 2009 from Harvard Law School. 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. Couch is the toughest of Charlottes three immigration judges, according to the Reuters analysis. [ 72 FR 53677 , Sept. 20, 2007, as amended at 79 FR 39956 , July 11, 2014; 85 FR 81655 , 81750, Dec. 16, 2020] She quickly discarded that notion. Those who presented their petitions in Texas, Georgia and southern California had high denial rates, as well. It is unclear why the judge was absent. WASHINGTON An immigration judge in the San Francisco court abruptly quit his post this week, issuing a scathing letter upon his retirement . Freedom for Immigrants is a 501(c)(3) non-profit based in California. 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. Who is Judge Marks, and how did she positively influence and impact so many lives? She is now awaiting a court date after new lawyers got her case reopened. 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. Combined, the nine judges in Boston decided 3,196 cases over the time period. There are still good judges out there. She was always kind and patient with people who came before her. Theres a lack of transparency and we dont know if theres any outcome from this complaint, said Julie Nemecek, a Columbus-based attorney who represents Juan. STEP 1: Arrive in the U.S. At first, Judge Marks wasnt sure shed like the role of judge, in part because there was an assumption about the strong-arm persona shed have to put on to manage her courtroom. Judge. 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. 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. Its an emotionally trying job. Robert S. Hough had the highest denial rate (92.2%), according to TRAC. The state court had plexiglass barriers, an air. People show up in our office (and) they have no idea why someone wants to kill them. Riley and Owens havedenied 89% and 96% asylum cases they were in charge of, respectively, since their appointment a few years ago. Of the 102 complaints that had been resolved when the data were published, only three resulted in discipline, defined as reprimand or suspension of the judge. The Honorable Merrick B. Garland The Honorable Lisa O. Monaco. James Roder, the court administrator at the Cleveland Immigration Court, declined to offer a response. She remains active today as president emerita. This time, her lawyer included arguments about her membership in a particular social group. 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. 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. 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. Disregards basic legal rules, causing undue prejudice and wasting public resources. But it still astounded him when Riley calledMexican immigrants illegals while cross-examining his wife about the subcontractors that Juan employed at his construction business. The situation in our country is getting worse and worse.. She joined another woman and, with their children, they set out to cross Mexico. Their nature ranged from alleged due process violations to concerns over in-court conducts, records show. The most common occupation was general attorney, followed by general legal and kindred administration. 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. From there, cases can be appealed to federal appeals court. Also, immigration judges are bound by precedents established in the federal appeals court that covers their location. Add Photos. Updated 10:55 AM EDT, Wed July 1, 2020 Link Copied! In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus of immigration judges. 2018 or 2020, and 5% or . It feels like the judge has no compassion for us and doesnt like Latinos.. They said they would kill me and my children. Nationality and filing a case with the right judge played a role in cases were asylum was granted, according to the data. She is known for her fierce advocacy for the court. Gutierrez also said her friend is very forgetful. Despite having no immigration law experience, Ford was appointed as a San Francisco Immigration Judge by Attorney General William Barr in 2019 after retiring from his judgeship in Cook County, Illinois. She perseveres solely because she believes it is important to make a difference wherever you can.. I didnt have to scare or browbeat people into my decisions, says Judge Marks. Before: Richard A. Paez and John B. Owens, Circuit Judges, and Morrison C. England, Jr., * Senior District Judge. She explains things well. I thought, I have to go now. Talking with her former colleaguesmany of whom are now also her friendsis an uplifting experience. 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. Of the 28 immigration judges Sessions has appointed so far, 16 are former ICE prosecutors. This years 71.6% denial rate excludes those who didnt win asylum but were granted a stay of removal, otherwise itd be even higher. 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. 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 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. Jeremy J. Butler, Immigration Judge, San Francisco Immigration Court. She helped start that trajectory, says Shugall. A grant from El Paso Bar Foundation provides an additional $3,700 for the agencys Removal Defense unit. 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. In immigration court, the asylum seeker is typically the only witness. Ana moved with her daughter to live with her daughters father and petitioned to have her case moved to Charlotte. On Thursday, a coalition of 17 legal services and immigration. 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. Judge Marks says her biggest success was seeing, H.R. 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. Immigration court doesnt have contempt, so I had to use charm, she says. And then one day we went to lunch, and there they were.. She was always there for me, emotionally and intellectually.. The Executive Office for Immigration Review had 2,383 employees in 2015 with an average pay (base salary + bonus) of $118,095.97. 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 arrived at the Artesia detention center just weeks after Gutierrez. The most common payscale is General Schedule. She is known for her fierce advocacy for the court. He is especially unsuited to hear cases involving survivors of torture applying for asylum and other forms of immigration relief. The San Francisco immigration court doesn't have the kind of COVID-19 supplies that he saw in a Wisconsin courthouse in October 2020. 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. 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. Samuel Y. Kim, Immigration Judge, San Francisco Immigration Court Attorney General William P. Barr appointed Samuel Y. Kim to begin hearing cases in December 2020. Yilun Cheng is a Report for America corps member andcovers immigration issues for the Dispatch. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. She quickly discarded that notion. 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 judge denied her petition and ordered her deported. I came here when I was very young. 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. She is known for her compassion and fairmindedness. She was our fearless leader in the union, says Judge King, who was Union site representative in San Francisco while Judge Marks was president. 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. 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. The top ten percent of employees in the Executive Office for . Shes funny and insightful, she says. Ana, 31, has had a baby since arriving in the United States and has been granted work authorization while she awaits a final decision on her case. 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. That statement is misogynistic and very shocking to me.. In 2020, of the 30,173 individuals from the Northern Triangle that received a decision on asylum claims 27,020 were denied. 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. It was June 11, 2018, and then-attorney general Jeff Sessions, her boss . How do I know this? The courts facedand continue to grapple witha crisis of backlogged cases. 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. Charles R. Davis. Decisions. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. 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. From 2013-2018, she worked as an immigration attorney. Circuit Court of Appeals because her lawyer confused the deadline. Pasadena, California . 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