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. 0% San Francisco; 0% Denver; 0% Dallas, TX; 0% Boston; 0% Los Angeles; 0% Atlanta; Salary Ranges for Immigration Judges. Learn more about how to check your immigration court date and the status of your immigration case from here. He jokes he decided to hire her the minute she insisted on paying her own fare. Judge Marks faced daunting challenges during her tenure. 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. The top ten percent of employees in the Executive Office for . 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. 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. Featured Issue: Biden Administration Recognizes the Immigration Judge Union - December 7, 2021; EOIR Amends PM 21-18 on Filing Deadlines in Non-Detained Cases - December 16, 2021; . 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. She quickly packed some backpacks for her and her children and called the only friend she knew who had a car. You really get those Perry Mason moments in immigration court. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. , had serious impacts on asylum cases and the parameters of the courts. 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. Youre hearing stories of trauma and torture all day long, says Carol King, also a retired immigration judge, and the judge must then make decisions about peoples futures. With Riley, it felt like she just wanted me out. Constanza Hevia H. / Special to The Chronicle 2020 . Decisions. She quickly discarded that notion. There are still good judges out there. By clearing low-priority cases, the American Immigration Lawyers Association estimates this would include at least 700,000 low-priority cases, equaling about 40 percent of the backlog. Possible outcomes include asylum; adjustments of status; stay of deportation; and deportation. His demonstrated bias undermines due process for asylum seekers and immigrants of color. It is imperative that President-elect Biden swiftly direct the Department of Justice to reign in or remove hostile adjudicators like IJ Ford from the courts and ensure due process for immigrants. Laura Ramirez, Immigration Judge, San Francisco, 1997-2018. (Reuters) - A conservative judge appointed by former Republican President Donald Trump to the San Francisco-based 9th U.S. 2020-03-20T04:49:42Z Alumni Relations. About the Immigration Judge. In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus of immigration judges. Kathleen Guthrie Woods is a long-time contributor toSan Francisco Attorneymagazine. They had early success, he said, when they persuaded police to provide officers to guard the school. 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 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. The firm made a wise choice. Hanrahan's last day as assistant chief immigration judge was May 7, capping a 14-month tenure as the top manager overseeing the 25 immigration judges and dozens of staff at the San Francisco court. The Government Accountability Office studied some proposals for reform in 2017, without endorsing any particular model. 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 Monique Harris in Houston allows immigrants to stay in just four percent of cases. 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. 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. 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. Judge Butler earned a Bachelor of Arts in 2003 from Cornell College and a Juris . Were more productive if theyre comfortable, she says. The judge also questioned why, in an early interview with an asylum officer, Ana never mentioned threats to the parent-teacher association, and instead said she thought the gangs were targeting her for the money her daughters father was sending from the United States to build a house in Honduras. After her, all these really amazing women came to the bench, says Shugall, women Judge Marks mentored and encouraged to apply for the bench. Attorney General Jeff Sessions said in April that the Justice Department planned to hire more than 50 judges this year and 75 in 2018, which would put the total number of sitting judges above 400. She helped start that trajectory, says Shugall. 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. Were all humans. Phone number. I want to stay because of my kids, said Juan, who recently bought a new house for his family. 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. Immigration court doesnt have contempt, so I had to use charm, she says. Now they had come to deliver a message to Gutierrez. The case was transferred to a new judge who sentenced Puente to time . ), 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.. 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. Legal Aid at Work. 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.. One grant from Dallas-based Meadows Foundation includes $56,000 for legal services for incarcerated petitioners. . Ana missed the deadline to appeal the BIA decision to the 4th U.S. Immigrant rights organizations, attorneys file complaint against local Immigration Judge. In late 2014, the two women were released on bond. Montenegro declined to provide additional details about the case. 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. 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. Hon. The Reuters analysis used data from the Executive Office for Immigration Review (EOIR), the U.S. Justice Department unit that oversees immigration courts. I love the Wild West aspect of it., National Association of Immigration Judges. (Neither Holyoak nor Couch worked as an ICE prosecutor, according to their EOIR biographies. 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 (. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. 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. 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. Chinese nationals won asylum almost 77% of the time in 2020, followed by people from India (62%), Cameroon (61.6%), and Venezuela (54.3%). This is the phone number you can use to contact the court's clerks or the judges' legal assistants. Gutierrez hid for two months at her friends mothers house outside Tegucigalpa. Updated 10:55 AM EDT, Wed July 1, 2020 Link Copied! She was our fearless leader in the union, says Judge King, who was Union site representative in San Francisco while Judge Marks was president. Central Americans are among the least successful at gaining asylum from U.S. immigration court judges, a Reuters analysis found. 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. Judge Chen earned a Bachelor of Arts in 2006 from the University of Oklahoma and a Juris Doctor in 2009 from Harvard Law School. Threatened by gangs in Honduras, two women sought asylum in the United States. Pasadena, California . The first judge I had, he was strict, but he seemed like a very capable judge and I felt really comfortable, Juan said. She is now awaiting a court date after new lawyers got her case reopened. Judge Marks says her biggest success was seeing, H.R. The clients loved her, says Ungar. 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. I am very worried about her, Gutierrez said. Theres also an imbalance of power in the courtroom and the fear of retaliation. She remains active today as president emerita. Judge Marks says her biggest success was seeingH.R. I have nothing in Mexico. Immigration judges, appointed by the U.S. attorney general, are not authorized to speak on the record about cases. The average annual salary for Immigration Judges in the US is $121,299. During his time as an Immigration Judge, Ford has consistently terrorized community members through his hostile and unprofessional treatment of those in his courtroom. Cynthia M. Nunez, Immigration Judge, San Francisco Immigration Court Cynthia M. Nunez was appointed as an Immigration Judge to begin hearing cases in May 2022. Shes funny and insightful, she says. 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. No one isanillegal in this country. Every story is individual, she says, and every person deserves to be heard. They were elected in 2013 to the board of the parent-teacher association at their children's school in the Honduran capital, Tegucigalpa. (Previously, appointments were considered promotions for prosecuting attorneys from INS.) In immigration court, the asylum seeker is typically the only witness. Judge. Sep 2013 - Dec 20141 year 4 months. I opened the first file, and there was a picture of the first respondent, probably less than a year old. Former immigration judge Rebecca Jamil in Fremont, California, on Dec. 28, 2018. 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. Its an emotionally trying job. 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. 2 Reviews. Attorney General William P. Barr appointed Jeremy J. Butler as an immigration judge in June 2020. 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. Jamil adds Judge Markss tireless work for the union and giving a professional, female voice to immigration judges to her list of accomplishments. A few years ago, when his case was reassigned to Riley, Juan heard from friends that the new judge was unusually harsh. The rules of evidence are [only] a guide, theres no pretrial discovery, she says. William L. Abbott decided the largest number of cases (344) in fiscal year 2020 and denied 89.2% of them (307). But the bulk of asylum seekers who came during the 2018-2019 migrant surge were Central Americans. Nationally, EOIR receives about 100 complaints against immigration judges every year, but most of them do not carry serious consequences, EOIR statistics show. Cases are assigned to an immigration court based on where the immigrant lives. Judge Marks says she was never bored. The courts handle cases to determine whether an individual should be deported. The word Reviews; Business Tech; Finance; Markets; . Immigration courts in California and the Pacific Northwest fall under the 9th U.S. See how your salary compares to other Immigration Judges with Comparably. Sixty-one percent of all complaints closed in the fiscal year 2020 ended up being dismissed. These are life or death matters. 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. Its not consistent because a complaint usually starts out with the persons immediate supervisor being told, Marks said. But we have to address these bad judges.. Coincidence or not, denial rates have shot up more than 30% since Donald Trump became president. Judge Dalin Holyoak, who heard Gutierrezs case in San Francisco, orders deportation in 43 percent of cases. 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). On December 18, 2020, the EOIR announced the investiture of an additional 14 immigration judges. The courts in Dallas, Houston, Las Vegas and Atlanta also received the designation. Some of the supervisors discuss the complaint with the judge immediatelyand others dont. The lawyers also argued that she was part of another particular social group as the family member of someone under threat, since the gangs had terrorized her son in trying to recruit him. They said they would kill me and my children. Couch wrote in his opinion that Anas difficulty recounting the names of the women on the association board weighed against her credibility. The information is gathered by experienced and trusted Nexstar Media Group journalists hired specifically to cover the border. She is known for her fierce advocacy for the court. In the fall of 2020, Juan had trouble falling asleep whenever he thought about his upcoming court appearance in Cleveland, where the only immigration court in Ohio is located. For example, U.S. government policy is more lenient toward people from some countries, less so for others. Juans case was initially assigned to Judge Thomas Janas, an immigration judge in Cleveland who has since retired. Riley and Owens havedenied 89% and 96% asylum cases they were in charge of, respectively, since their appointment a few years ago. To give spirit to the letter of this budget . 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. She made it more proactive, trying to affect the law. Add Photos. 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. Of course, other factors influence outcomes in immigration court. Because there is no TurboTax for immigration law., The firm made a wise choice. She is known for her fierce advocacy for the court. 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* . Hondurans enjoy no special considerations. 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. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. She showed us all how to be fierce advocates for justicefor what is true and right and justwithout crossing over lines, says Judge King. Ill have to weigh my options and consider how bad it is before I stick my neck out there.. Judge Mabry is a member of the State Bar of Arizona and State Bar of New Mexico. Judge Olivia Cassin in New York City allows immigrants to remain in the country in 93 percent of cases she hears. Some of those asylum seekers told Border Report recently they hope their chances will improve once Joe Biden takes over the White House. EOIR held a two-day training session last year. Well-established law recognizes family as a protected social group, according to the Center for Gender & Refugee Studies. The asylum appeal process is equally politicized, the group says. The analysis excluded immigrants who were in detention when their cases were heard because such cases are handleddifferently. 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. 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. She explains things well. 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. All of the new immigration judges discussed in this post were selected by former Acting Attorney General Matthew Whitaker. On the journey, they were kidnapped common for Central American migrants and held for a $3,500 ransom. Three led to oral counseling. 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. From 1994 to 1995, he served as a staff attorney with the New Mexico Court of Appeals. 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 lost. 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 clients loved her, says Ungar. 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. She was our fearless leader in the union, says Judge King, who was Union site representative in San Francisco while Judge Marks was president. The union representing immigration judges is suing the Trump administration over a policy they say censors judges. Before: Richard A. Paez and John B. Owens, Circuit Judges, and Morrison C. England, Jr., * Senior District Judge. "EOIR takes all complaints seriously, investigates all colorable complaints, and takes corrective action when appropriate, Montenegro said in an email statement. 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. That experience, the Reuters analysis found, makes them 23 percent more likely to order deportation. Further, Knox said, asylum seekers arent thinking about the finer points of U.S. asylum law when they are fleeing persecution. 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. She explains things well. The mission of BorderReport.com is to provide real-time delivery of the untold local stories about people living, working and migrating along the U.S. border with Mexico. I got in that moment what that was going to be. 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. Filing a complaint against the judge is something on the table, Olawale said. Hon. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. 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. 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. Because there were no police here, (the gangs) did what they wanted," he said. 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. She and her lawyers declined to share more detailed information about her situation because she remains fearful of the gangs in Honduras. Treats immigrants, witnesses, and practitioners in an unprofessional and hostile manner. The Executive Office for Immigration Review had 2,383 employees in 2015 with an average pay (base salary + bonus) of $118,095.97. They landed near Hidalgo, Texas. But the patrols left after a few weeks, probably intimidated by the gangs. 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. From 2000 to 2008, she served as a staff attorney for ASK Law Group, in Sherman Oaks, California. The Reuters analysis also found that an immigration judges particular characteristics and situation can affect outcomes. ; On June 24, 2020 we collaborated with NLG-Los Angeles, National Immigration Project of the NLG, and the NLG National Office to provide a CLE on 'Fighting for the Release of Detained . Couch is the toughest of Charlottes three immigration judges, according to the Reuters analysis. The San Francisco Immigration Court fast-tracked cases of immigrants who weren't getting their mail. Freedom for Immigrants is a 501(c)(3) non-profit based in California. Individuals and organizations are encouraged to sign on to a public letter (bit.ly/removeford or bit.ly/fueraford) making the same request of EOIR and the DOJ. She is known for her compassion and fairmindedness. From 2020 to 2022, she served as a staff attorney in They have more understanding of trauma survivors and the difficulty they might have in recounting certain details and little discrepancies, she said. Riley and Owens have. Anas assertion that she learned from Gutierrez in detention about gang threats to the parent-teacher association was not persuasive, Couch wrote. Now, they were extorting teachers, selling drugs openly and assaulting or killing anyone who confronted them. 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. They said, Were going to kill themembers of the parent-teacher association to get them out of here. So the women fled.. This time, her lawyer included arguments about her membership in a particular social group. 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. As a result, credibility is really the key factor. Corrective actions such as counseling or training were taken in 39 cases. The case is currently in the appeal process. She remains active today as president emerita. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Antiterrorism and Effective Death Penalty Act (AEDPA). Filed December 16, 2020 . She deeply cared about due process, says Ugarte. Romy L. Lerner was appointed as an Immigration Judge to begin hearing cases in May 2022. 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.. Robert S. Hough had the highest denial rate (92.2%), according to TRAC. Click here for the news release. ). One evening in April 2014, Gutierrez was watching television at home with her two sons, ages 5 and 11, when she heard banging at the front door. 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