As director, McHenry oversees the hiring process for the board. Another has been banned for more than seven years from the government building where he worked after management found he harassed female staff, but is still deciding cases. H\ d100Ag Justice Department data shows the administration dismissed more complaints against judges than its predecessor. Subject: RE: Freedom of Information Act Request #2018-37357. Search the AILALink database for all your practice needsstatutes, regs, case law, agency guidance, publications, and more. 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. Judge Daugherty also has provided legal services in a number of other positions within the Marine Corps and has served as an assistant county prosecutor. Biden has proposed legislation that would expand training for judges and give them more discretion to grant protections to immigrants. This request is currently #35 of 63 pending "complex" requests. But limited available records show that at least 11 complaints have been filed about Cassidy with the Justice Department regarding his in-court conduct toward attorneys, immigrants and even another judge. A third, a supervisor based mostly in San Francisco, commented with colleagues about the attractiveness of female job candidates, an internal investigation concluded. [[To print the PDF on this page please use the print function in the PDF reader. Please take note of the information below and be prepared to follow these and any additional instructions provided to you when you arrive for your hearing. When necessary, information on immigration court closures or changes to the immigration courts operating hours is available at the following links: (1) Twitter and (2) Facebook. The attorney general alone holds the power to fire immigration judges. In that moment, am I thinking that I might be perpetuating sexism in the system? The Chronicle reported in October that the Trump administration canceled all diversity training, including for immigration judges. Face coverings may be required in the courtroom if directed by the presiding immigration judge. RjK {02]s)c\P+P`7_pac ;a PE. 126 34 calcador, kerri 26 39 . The complaints are not made public. Phone: 916-447-9301 hb```l|aB o~a UjB X HRHx6J;-rq# `u3p/d In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. Its quite literally a Sophies choice that should never happen in the American legal system.. The 11 new judges, who were appointed by Attorney General Jeff . Get contact details including emails and phone numbers The recording was provided to The Chronicle by the womans attorney, Genovese, who was practicing in Atlanta with the Southern Poverty Law Center. None complained in writing to the Justice Department, saying they feared it would result only in the judge being angry at them and taking that anger out on their clients. The brand-new 18th edition of Kurzban's Immigration Law Sourcebook is now shipping. 9-26-18_MR56736_RES-C_IDFOIA-2018-39532.pdf, Subject: Your FOIA Request DOJ-2018-008786 (AG). That lewd expression refers to a womans pubic area. EOIR's Office of the Chief Administrative Hearing Officer adjudicates immigration-related employment cases. But making the courts independent would keep the Biden administration from directly changing the system, including firing bad-actor judges. We are committed to an effective and efficient immigration court process and we are happy that Congress has given us the funding to hire additional immigration judges, as well as the support staff they need, said Maggard. Falls Church, VA 22041 ho6>nM In the moment, you just know that you have to stay calm, said Sophia Genovese, who has been an immigration attorney for three years and worked in the field of immigration policy for five. EOIR operates within a variety of settings across the country, most commonly in federal or leased buildings controlled by the General Services Administration and detention facilities operated by the Department of Homeland Security. There was just no real concern about conduct by management at that point, and in addition to that, there was no real way that they got feedback about it, because there were no assistant chief judges in the field.. The Sacramento Immigration Court falls under the jurisdiction of the Office of the Chief Immigration Judge, which is a component of the Executive Office for Immigration Review under the Department of Justice. Prior to that appointment as a DCIJ, he served as the Acting Chief Immigration Judge from July 2015 to March 2016, and as an Assistant Chieflmmigration Judge from January 2012 to July 2015. 3. The Biden White House did not immediately respond to a request for comment. Pursuant to the Freedom of Information Act, I hereby request the following records: 1. He cracked a joke, and she was not amused, which Cassidy noticed. Chronicle investigation: U.S. Justice Department lacks strong harassment oversight for judges, Lauren Lancaster / Special to The Chronicle, Lynsey Weatherspoon / Special to The Chronicle, 11 complaints have been filed about Cassidy, complaint alleging violations of immigrants rights, close enough that they corresponded personally, Your Privacy Choices (Opt Out of Sale/Targeted Ads). The Chronicle found examples across the country of judges who have made sexual jokes or who habitually made attorneys or staff uncomfortable in the courtroom. The department said it could not comment on the incidents raised to The Chronicle because the attorneys involved did not file complaints. Prior to that appointment as a DCIJ, he served as the Acting Chief Immigration Judge from July 2015 to March 2016, and as an Assistant Chieflmmigration Judge from January 2012 to July 2015. This is one of 5 FOIA requests for Pereira materials. However, the documents from 2008 to 2013 revealed through the Freedom of Information Act request show a process in which many complaints are given only cursory investigation by the supervising managers, and in which consequences are usually limited to verbal counseling. Anonymous sources: The Chronicle strives to attribute all information we report to credible, reliable, identifiable sources. Slavin said Bidens first priority should be hiring new judges to deal with a backlog of cases and to counterbalance Trumps hundreds of hires who she said favor deportation, and that he should rescind many of the Trump administrations immigration policy changes. million verified professionals across 35 million companies. Immigration judges concluded a record 276,000 cases in fiscal 2019 and were on pace to close 400,000 cases in fiscal 2020 before the pandemic ground the immigration court system to a near halt. The National Association of Immigration Judges said it supports an overhaul of the departments complaint process. A 2018 memo by then-Deputy Attorney General Rod Rosenstein in response to that report defines sexual harassment as conduct including unwelcome advances or other behavior that creates an intimidating, hostile, or offensive work environment. That includes telling sexually oriented jokes and making sexually offensive remarks., The memo said the term sexual misconduct includes on- and off-duty behavior. Some of the appointments they have made up there have been some of the worst offenders.. Rep. Zoe Lofgren, D-San Jose, who chairs the House subcommittee on immigration policy, has been working on a bill to spin off the courts, but has yet to introduce it. Additional details for this consultation are as follows: * Old Tracking Number: DOJ-2018-007740 * New Tracking Number: DOJ-2018-007740 * Requester Name: Matthew Hoppock * Date Submitted: 08/22/2018 * Long Description: foia consult eoir, Subject: FOIA Tracking Number Change for referral DOJ-2018-007915 (to DOJ-2018-007915), The FOIA referral DOJ-2018-007915 has had its Tracking Number changed to DOJ-2018-007915. It is an ever-present buzz. Law360 may contact you in your professional capacity with information about our other products, services and events that we believe may be of interest.Youll be able to update your communication preferences via the unsubscribe link provided within our communications.We take your privacy seriously. %%EOF Other attorneys recalled judges who minimized domestic violence while questioning asylum seekers, or suggested that married women could not be raped by their husbands. They requested anonymity because of the sensitivity of the subject matter. Immigration Court Backlog and Reprioritization, AILAs Immigration Law Practice & Procedure Manual, EOIR Announces that Chief Immigration Judge Is Stepping Down. He and his colleagues are the next-to-last hope for immigrants. maggard, print 5 4 mahasa, zakia 34 27 mahtabfar, sunita b. The calendars for Print Maggard and James McHenry for the month of June, 2018. A .gov website belongs to an official government organization in the United States. Individuals seeking to visit any building or facility in which an EOIR operation is located are encouraged to contact the building or facility in advance to determine any relevant policies or laws related to entry. Even when Im saying it now, I feel like Im starting to get red in the face, the attorney said. The confirmation came in a reply to immigration attorney Matthew Hoppocks request. The Board of Immigration Appeals primarily reviews appeals of decisions by immigration judges. All Rights Reserved, Review and comment based on your own experience. We concluded that (redacted) made comments of a sexual nature and commented on the attractiveness of female candidates with court employees with whom he socialized and trusted, and that they willingly participated with him in making such comments themselves, investigators wrote. An acknowledgement letter, stating the request is being processed. Elevator wait times may be significantly longer than usual for this reason. Password (at least 8 characters required). Please do not reply to this e-mail, as this account is not monitored. uhA7(RhYO'o6hs5oX/K$%zM}$nN_*I4%50}]I^C_J`cM 3"%}D5jW#{?d)yk~kIy.D# WC$0`udG*;K_E08DOc"H/}U 7^54N`mY5P8}k_R&P^jXqN1"I4,/+ Wf]d=u,5Rf;(n}kPxTJ2+l^'t${1axcm*vi\l You had assigned it reference number #2018-37357. Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE) are part of the Department of Homeland Security (DHS) and are therefore separate from the Executive Office for Immigration Review (EOIR). It is not a system designed to protect complainants. If they lose before the board, their only hope of avoiding deportation is a long-shot case in federal appellate courts. Acting Chief Immigration Judge Print Maggard, who presided over the investiture during a ceremony held on January 29, 2016, stated that the new immigration judges would help decrease EOIR's pending caseload. And yes, objectively, I know its a sexist comment, and also its just so commonplace with immigration judges to make inappropriate comments like this and theres just no accountability for it.. Phones and other wireless devices should be turned off before entering courtrooms. Maggard was a supervisor from 2012 to 2019, mostly based in San Francisco, and for a year during the Obama administration was acting chief of all immigration judges, working in the headquarters building in Falls Church. My assistant chief immigration judge once told me, You would have to murder someone, with an ax, with your robe on and nothing on underneath, in court to get disciplined, Slavin said. The immigration courts are housed within the Justice Department, meaning the judges are hired directly by the attorney general, a political appointee with a policy agenda. But that leaves Biden with a problem, they add: Does he reform the system to be independent of political influence, or does he use his political control over it to clean it up? Email: tal.kopan@sfchronicle.com Twitter: @talkopan. He said, Good testimony should be like a skirt should be long enough to cover everything but short enough to keep it interesting, both attorneys recalled in an interview. The director of the courts in the department, James McHenry, spent 2005 to 2010 and 2011 to 2014 in Atlanta as an attorney for the Immigration and Customs Enforcement office that prosecutes immigration court cases. Tal Kopan is the Washington Correspondent for The San Francisco Chronicle. PLEASE NOTE: A verification email will be sent to your address before you can access your trial. This page was generated at 07:58 AM. But investigators wrote in the full report that they substantiated such allegations against Maggard and other supervisors. About the Immigration Judge Juge Print was appointed as a DCIJ in November 2015. In the legal profession, information is the key to success. She joined the newsroom in 2018 after covering D.C. politics, immigration policy, justice and national security, cybersecurity and other hot-button issues for CNN Politics and Politico. Judge Daugherty received a Bachelor of Science degree in 1984 from Defiance College and a Juris Doctor in 1987 from the University of Toledo, College of Law. Please see the agencys Public Health Noticefor more information. SF Chief IJ Print Maggard will be the acting chief IJ for EOIR until replacement for departing Chief OLeary is found. Please see our Privacy Policy. Kopan has received other recognition from the California News Publishers Association, Atlanta Press Club, National Press Foundation, the National Academy of Television Arts and Sciences. The department does not tolerate complaints whose sole purpose is to harass, threaten, intimidate, or retaliate against its adjudicators based on their rulings.. The woman did not acknowledge the joke, though someone else in the court laughed. And when such behavior has come to its attention, the department has in some instances simply transferred the offenders elsewhere. 1331 G Street NW, Suite 300 In another instance, an attorney told The Chronicle she was reviewing a case file in the court offices when Cassidy walked up and began chatting with her. ( If instructed to sit in a particular location, do not switch seats. An analysis of those records by Mendezs group, the Catholic Legal Immigration Network, showed only a handful of instances in which judges were suspended. The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice. It said the earlier complaints against Cassidy did not include allegations of harassment and showed no evidence he has engaged in serial misconduct.. Sophia Genovese, an immigration attorney, says it was common for immigration judges in Atlanta to make inappropriate remarks. Subject: FOIA Appeal DOJ-AP-2019-000724 Submitted, This message is to notify you of a new appeal submission to the FOIAonline application. He improperly provided sample questions to a job candidate in advance of the persons interview and escorted a friend to another interview, an impermissible boost to her job application, investigators said. In those roles, he appeared in numerous cases before Cassidy. The sources declined to talk on the record because of the sensitivity of the subject matter. The Sacramento Immigration Court falls under the jurisdiction of the Office of the Chief Immigration Judge, which is a component of the Executive Office for Immigration Review under the Department of Justice. pdf.pdf, Policy & Case Law Bulletin - January 26, 2018.pdf, Supreme Court Published - Maslenjak v. United States.pdf, Recently Disciplined Practitioners, Reinstated (2).pdf. Phones and electronic devices must be silenced in the court lobby. Cassidy said he weighed just 3 pounds at birth. In one instance, captured on courtroom audio, Cassidy had just granted relief from deportation in 2019 to a green card holder from Germany. In an interview, Slavin said the Justice Departments immigration courts division has long had a problem with discipline because it doesnt make policing judges conduct a priority, and because of a workplace culture that has at times been unfriendly toward women. Additionally, the court may have to unexpectedly close due to inclement weather or another emergency. They determine whether foreign-born individualswhom the Department of Homeland Security charges with violating immigration lawshould be ordered removed from the United States or should be granted relief from removal and be permitted to remain in this country. As long as immigration courts remain under the executive branch, she said, given how politicized immigration is as an issue, we will continue to have foxes guarding the henhouse., Tal Kopan is The San Francisco Chronicles Washington correspondent. Mattingly, the Justice Department spokesperson, said the immigration courts agency requires judges it hires to have demonstrated appropriate temperament and follows department policies on sexual misconduct. Consistent with public health officials guidance, EOIR has implemented practices to help to protect all people working in and visiting EOIR spaces throughout the country. From 2006 through September 2015, Judge Simpson served as assistant chief counsel, U.S. Immigration and Customs Enforcement, Department of Homeland Security, in Los Angeles and San Diego, Calif. From 1997 through 2006, both domestically and abroad, Judge Simpson served in various capacities as a member of the U.S. Navys Judge Advocate Generals Corps, including branch chief, officer in charge, and attorney. In the interim, Assistant Chief Immigration Judge Print Maggard will serve as the Acting Chief Immigration Judge. Window Filing Hours: 8 a.m. - 4:00 p.m. The requested documents will be made available to the general public, and this request is not being made for commercial purposes. ], American Immigration Lawyers Association Supervisors concluded that Grant had harassed female staffers, and took an extraordinary step: They banned Grant from the court building. The very structure of the courts creates the conditions that allow bad actors to escape consequences, experts say. Masters of Public Administration (Organizational Leadership), Bachelor of Science (BS) (Psychology, Biology, Chemistry), If you're not automatically redirected, please click here. immigration judge grants denials burgess, abraham l. 0 1 burke, david 43 157 burkhart, margaret d. 9 12 burman, lawrence o. Cassidy is frequently a target of ad hominem attacks, threats, and unsubstantiated accusations by commenters and advocacy organizations who simply disagree with the merits of his decisions, spokesperson Kathryn Mattingly said in a statement. U.S. Immediately before a May 2019 hearing in which the woman would testify in detail about her trauma, the attorneys said, Judge Paul McCloskey gave instructions on how the hearing should proceed. 5107 Leesburg Pike, Suite 1800 Waiting times to enter the building and EOIR space may be significantly longer than usual. AILA Doc. It is unacceptable for anyone with a track record of inappropriate behavior to be protected and promoted. A joint initiative between the American Immigration Council and AILA seeks to change the playing field for immigrants facing deportation. The agency expects parties and stakeholders to raise legitimate concerns about conduct, rather than simply make ad hominem attacks against adjudicators or express disagreement with the outcome of a particular case, McHenry wrote. Six of the 11 complaints resulted in no consequences, either because managers couldnt substantiate the allegations after reviewing the record or the issues raised were matters to be decided in the appeals process. ), Create custom alerts for specific article and case topics and, I took a free trial but didn't get a verification email. For more information about those DHS offices, please see the following links: News Media/Congressional Inquiries: News media and congressional inquiries regarding the immigration court must be directed to the EOIR Communications and Legislative Affairs Division (CLAD): Communications and Legislative Affairs Division The Trump administration did little to change the pattern, The Chronicle found, and in one case even promoted a judge who many women have said made them feel uncomfortable in open court and behind the scenes for years. endstream endobj 134 0 obj <>/Metadata 13 0 R/PageLayout/OneColumn/Pages 131 0 R/StructTreeRoot 17 0 R/Type/Catalog>> endobj 135 0 obj <>/ExtGState<>/Font<>/XObject<>>>/Rotate 0/StructParents 0/Type/Page>> endobj 136 0 obj <>stream These records, covering 2008 to 2013, were made public by attorney Bryan Johnson and a coalition of immigration legal groups after they received them through a Freedom of Information Act lawsuit. It said substantiated allegations will be treated seriously and consistently result in formal discipline up to dismissal.. Visitors will pass through a metal detector machine and are subject to additional screening if deemed necessary. She added that the court system explicitly forbids retaliation.. The comments occurred before the judge opened the recorded portion of the hearing, they said. It declined to say whether the others who participated in the conversations with Maggard were identified or faced consequences. As the agency begins its search for a new chief immigration judge, Assistant Chief Immigration Judge Print Maggard will stand in, according to the DOJ. Prior to 2008, and when not serving as a member of the Navy-Marine Corps Trial Judiciary, Judge Daugherty served in the Marine Corps in various capacities including deputy staff judge advocate, chief trial counsel (prosecution), prosecutor, senior defense counsel, defense counsel, and special assistant U.S. attorney. The judge ruled in her favor. *Dp+_>g6,aP{PZY@JYAT,'JVpL/q2)p0* Attached is correspondence from the Department of Justice's Office of Information Policy, which is associated with the above-referenced Freedom of Information Act (FOIA) request. Grant, who has served on the Board of Immigration Appeals since 1998, is one of 23 judges who weigh appeals from immigrants who have lost cases in the nearly 70 immigration courts around the country. Law360 takes your privacy seriously. The Justice Department cited its policy of not commenting on personnel matters in refusing to answer questions about Maggards conduct. 148 0 obj <>/Filter/FlateDecode/ID[<3549AA37C8F46F47AE7517178E7B1A60>]/Index[133 29]/Info 132 0 R/Length 79/Prev 39710/Root 134 0 R/Size 162/Type/XRef/W[1 2 1]>>stream Judge Maggard received a . The Justice Department has long lacked a strong system for reporting and responding to sexual harassment and misconduct. Please see our Privacy Policy. Already a subscriber? EOIR is committed to ensuring fairness in all of the cases it adjudicates. The Justice Department cited its policy of not commenting on personnel matters in declining to answer questions to The Chronicle about Grants banishment. The bulk of complaints that were sustained were met with corrective actions, including training or counseling. Additional details for this referral are as follows: * Old Tracking Number: DOJ-2018-007915 * New Tracking Number: DOJ-2018-007915 * Requester Name: Matthew Hoppock * Date Submitted: 08/29/2018 * Long Description: foia referral EOIR. AILA.org should not be relied upon as the exclusive source for your legal research. Up to 5 With this administration, the attitude is, if you do something horrible in terms of misconduct, youre going to get promoted to the Board of Immigration Appeals because of the people they put up there, Slavin said of the Trump era. These judges behavior toward women is not an isolated phenomenon in the immigration courts system. The immigration courts do have a system for reporting complaints. Copyright 1995-2017 American Immigration LLC, ILW.COM. He was demoted and transferred to a courtroom in Sacramento. In comparison, for its state court system, California has a Commission on Judicial Performance to investigate complaints against judges, an independent agency with investigatory powers and authority to impose discipline. He is still there, hearing immigrants cases but stripped of his supervisor duties. Thanks for your help, and let me know if further clarification is needed. For information regarding procedures for practice before the immigration courts, please see the Immigration Court Practice Manual. Please do not bring people with you into EOIR space unless they are required to be present for your hearing. These new immigration judges, along with their 19 colleagues who were invested in June, strengthen our immigration judge corps and will help our agency work towards decreasing our current backlog of more than 450,000 pending cases., Daniel J. Daugherty, Immigration Judge, Las Vegas Immigration Court. Department of Justice, 202-514-3642 (Main Line)202-514-1009 (Fax), Subject: Final Disposition, Request DOJ-AP-2019-000724, DOJ-AP-2019-000724 has been processed with the following final disposition: Partially Affirmed & Partially Reversed/Remanded. Creating an independent immigration court seems to me like a no-brainer, Lofgren said at a hearing in January 2020. Security officers may inspect electronic equipment and conduct additional screening if deemed necessary or instructed to do so by the court. Public transit is available via SacRT. Subject: FW: status inquiry by MuckRock FOIA#2018-37357. Law360 provides the intelligence you need to remain an expert and beat the competition. EOIR says: The Executive Office for Immigration Review today announced that, following more than six years of service with distinction as Chief Immigration Judge, Brian M. O'Leary has decided to return to the immigration bench as an immigration judge at the Arlington . The request was for the entirety of each message that mentioned the word "Pereira." After the report was completed in November 2019, Maggard was demoted and reassigned to be an immigration judge in Sacramento. 8YXADK#UwGhJ:"wO ]2)!L( OE-? g4,3idh0qnjS?0 eC7b8,VE5/&LQb:aS]L/`/uss;[ z=>5ZU\yaJesz|{b:&9]W7EaW?jQ-jQzzyTf]7OF9/.j>,53)=7uG\>M}_=rz=Uk>$M[-1 rbJisgHflgo Pr)v!A`>H9)!\5F 12|l6IWjcbe+39=)|OB|>569n;`uW#v4$D=((q -niYtBhTh j/ iK26>lf@p~Jm32Vx{=.{ 8W He also served as an immigration judge from 2009 to 2011 in San Francisco, and he was an Immigration and Customs Enforcement attorney in the city from 2006 to 2009. Robert Print Maggard's 2021 pay is 29% higher than the average pay of an IJ employee at the Executive Office for Immigration Review . Including training or counseling Kopan is the key to success thanks for legal! Screening if deemed necessary or instructed to sit in a reply to immigration attorney Matthew Hoppocks request sit a! The intelligence you need to remain an expert and beat the competition sexually oriented jokes making! Grant protections to immigrants not commenting on personnel matters in declining to answer questions about Maggards.! Mahtabfar, sunita b to sexual harassment and misconduct including for immigration judges said it could not comment the... Be an immigration Judge oriented jokes and making sexually offensive remarks., print maggard immigration judge rating said... ) c\P+P ` 7_pac ; a PE to remain an expert and beat competition. 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