Decisions. . Ana missed the deadline to appeal the BIA decision to the 4th U.S. San Francisco, CA. As has been true in earlier years, having representation greatly increases the odds of winning asylum or other relief, TRACs Oct. 28 report says. Immigration Judge Nicholas Ford is terrorizing the San Francisco immigrant community. Judge Marks says her biggest success was seeingH.R. Its an emotionally trying job. 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. She explains things well. Emmanuel Olawale, a Westerville-based immigration attorney, said he has faced this dilemma firsthand. U.S. Department of Justice U.S. Department of Justice. Yilun Cheng is a Report for America corps member andcovers immigration issues for the Dispatch. They had early success, he said, when they persuaded police to provide officers to guard the school. Volunteer lawyers helped the women prepare and submit their applications for asylum. 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. (She also refers to herself as a sit-down comedian.), Attorneys who appeared before Judge Marks were impressed by her complete command of her courtroom. I think about the hundreds of thousands of immigrants across the country who have been wronged by the misconducts of Trump-appointed judges, she said. She made it more proactive, trying to affect the law. Gutierrez hid for two months at her friends mothers house outside Tegucigalpa. From 2015 to 2022, she was the Associate Charles R. Davis. Of the 28 immigration judges Sessions has appointed so far, 16 are former ICE prosecutors. It is unclear why the judge was absent. Instead, they became targets. Immigration Judge Emily N. Farrar-Crockett began hearing cases at the Falls Church Adjudication Center in October 2018. He was invested on November 6 and will begin hearing cases this month. They were allowed to stay in the United States in just 16 percent of cases, the Reuters analysis found. She was our fearless leader in the union, says Judge King, who was Union site representative in San Francisco while Judge Marks was president. Copyright 2005-2023 The Bar Association of San Francisco |, Unpacking the Legacy of Judge Dana Leigh Marks, on December 31, 2021, Judge Dana Leigh Marks* had built an inspiring reputation as a leader, mentor, and advocate. In 2012, ICE agents arrested Juan at his home and put him in deportation proceedings. They must convince the court that they have well-founded fears of persecution in their country because of their race, religion, nationality, political opinions or membership in a particular social group. 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. TheCleveland Immigration Court, much like the rest of the country, saw dramatic personnel changes during Donald Trumps presidency. If someones a pretty virgin, is that a good reason for them to rape her in any context? Olawale said. Jeremy J. Butler, Immigration Judge, San Francisco Immigration Court. 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. ICE has not released their estimate of how many cases would be cleared under this plan. 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. Numerous legal providers and community members have expressed strong concerns about Fords racist history influencing his work in San Francisco. With these new judges and along with significant court policy changes, the asylum denial rate increased from 54.6% in fiscal year 2016 to 71.6% in fiscal year 2020. 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. 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. Two of them were dismissed. Denial Rate. Three led to oral counseling. 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. 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. 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. About the Immigration Judge. 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. Hon. I opened the first file, and there was a picture of the first respondent, probably less than a year old. Those on the other side of the complaints the immigration judges also take issues with the EOIR discipline process. Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. 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. 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. Because there is no TurboTax for immigration law., The firm made a wise choice. In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus of immigration judges. Administrative Law Judges Effective January 2021 . In the 1980s, AILA (American Immigration Lawyers Association) was very stodgy, a reactive organization, Judge Webber says. And three judges in San Francisco said yes to more than 90% of asylum seekers who came to their courts in 2020. How do I know this? 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. Judge Marks says she was never bored. 2 Reviews. 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. The number of immigration judges Biden appoints will also affect the immigration court backlog, currently at 1.3 million cases. The other women in the center told me that there was someone else from Honduras who I might know, but I wasnt sure who they were talking about, Gutierrez said. 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. Constanza Hevia H. / Special to The Chronicle 2020 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. In Atlanta, 89 percent of cases result in a deportation order. They were elected in 2013 to the board of the parent-teacher association at their children's school in the Honduran capital, Tegucigalpa. An immigrant was still four times as likely to be granted asylum by Holyoak in San Francisco as by Couch in Charlotte. 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. I love the Wild West aspect of it.. The Trump administration filled the openings and expanded the size of the bench,appointing 10 judges who currently make up the court. Couch and Holyoak and their courts are not rare outliers, the analysis found. One was closed because the judge in question had since retired. During his time as an Immigration Judge, Ford has consistently terrorized community members through his hostile and unprofessional treatment of those in his courtroom. WASHINGTON An immigration judge in the San Francisco court abruptly quit his post this week, issuing a scathing letter upon his retirement . 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. Gutierrez said that was when she first learned that her fellow parent-teacher association board member had been threatened and had fled from home. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. I have nothing in Mexico. The clients loved her, says Ungar. Those appointed under Trump had ordered. On December 18, 2020, the EOIR announced the investiture of an additional 14 immigration judges. On Thursday, a coalition of 17 legal services and immigration. Two months later, according to court documents, Ana was walking her 7-year-old daughter home from school when three members of a rival gang confronted them. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. 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. 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. Ana moved with her daughter to live with her daughters father and petitioned to have her case moved to Charlotte. 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.". William L. Abbott decided the largest number of cases (344) in fiscal year 2020 and denied 89.2% of them (307). 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), . These are life or death matters. In 2020, of the 30,173 individuals from the Northern Triangle that received a decision on asylum claims 27,020 were denied. New Company Ratings Recent Salaries by Company. How do I know this? Who is Judge Marks, and how did she positively influence and impact so many lives? 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. *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). The courts facedand continue to grapple witha crisis of backlogged cases. She showed us all how to be fierce advocates for justicefor what is true and right and justwithout crossing over lines, says Judge King. The year before, according to police records in Honduras, gang members killed a school security guard. I saw the denial coming after seeing everything that Judge Riley was doing. Hon. 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. 6577, Real Courts, Rule of Law Act of 2022, and passed by the House Judiciary Committee in May of this year. 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. 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. From 2013-2018, she worked as an immigration attorney. Legal Aid at Work. 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. Sandra Gutierrez joined her husband in California, where her case was heard by a San Francisco immigration court judge. Earlier this month, the Justice Department announced 28 new immigration judges, bringing the number of such judges to more than 465, a record high. . May 19, 2021. 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. She perseveres solely because she believes it is important to make a difference wherever you can.. Sixty-one percent of all complaints closed in the fiscal year 2020 ended up being dismissed. Combined, the nine judges in Boston decided 3,196 cases over the time period. The court used to have only three judges, all of whom have since left their posts. Oh, my goodness, says Donald Ungar, now retired, as he thinks back to his first impressions. . 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. The older one, once threatened by gangs in Honduras, likes studying history and math and is learning to play the cello. Through her lawyers, she asked that her full name not be used because of her uncertain status and her fear that Honduran gangs could find her. 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. This years 71.6% denial rate excludes those who didnt win asylum but were granted a stay of removal, otherwise itd be even higher. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. 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.. She deeply cared about due process, says Ugarte. Kathleen Guthrie Woods is a long-time contributor toSan Francisco Attorneymagazine. Holyoak was convinced. 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. Some of those asylum seekers told Border Report recently they hope their chances will improve once Joe Biden takes over the White House. But we have to address these bad judges.. The judges in San Francisco, where I served, were told we could not schedule any cases in 2022 until our calendars showed that three cases were scheduled every day through the end of 2021. Immigrant rights organizations, attorneys file complaint against local Immigration Judge. One grant from Dallas-based Meadows Foundation includes $56,000 for legal services for incarcerated petitioners. In response to the rising criticism, the Executive Office for Immigration Review began tracking decisions to identify judges with unusually high or low rates of granting asylum. In the Charlotte court, Anas lawyer focused more narrowly on her political opinion, arguing that she was at risk of persecution for her opposition to gangs in her position on the parent-teacher association board. Attorney General William P. Barr appointed Jeremy J. Butler as an immigration judge in June 2020. Its just that she forgets things.. The Chief Immigration Judge shall ensure that each temporary immigration judge has received a suitable level of training to enable the temporary immigration judge to carry out the duties assigned. 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. 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. The San Francisco Immigration Court fast-tracked cases of immigrants who weren't getting their mail. The money will be used in partnership with the Loretto Volunteer Project to help migrants, including those sent to Juarez, Mexico under U.S. Customs and Border Protections Migrant Protection Protocols, or MPP, program. U.S. immigration courts are administrative courts within the Department of Justices Executive Office for Immigration Review. Immigration Judges Across The US Are Staying Home After The Coronavirus Hit Courtrooms. I didnt have to scare or browbeat people into my decisions, says Judge Marks. Rate This Judge / Califica a Este Juez. Those who presented their petitions in Texas, Georgia and southern California had high denial rates, as well. 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. The Biden administration could move to unwind that decision. Ana declined to be interviewed for this article. Pasadena, California . There is no training on the 2017 calendar. The top ten percent of employees in the Executive Office for . 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. 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. While in Cook County, Ford was accused of complicity in a Chicago police torture scandal that targeted Black people and used torture to coerce criminal confessions for over two decades. Disregards basic legal rules, causing undue prejudice and wasting public resources. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Antiterrorism and Effective Death Penalty Act (AEDPA). Add Photos. In Mexico, she hired a coyote a smuggler to help them cross into the United States and then turned herself in to Border Patrol agents near Hidalgo. 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. From 2020 to 2022, she served as a staff attorney in These are life or death matters. Couch is the toughest of Charlottes three immigration judges, according to the Reuters analysis. 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. 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. Its not consistent because a complaint usually starts out with the persons immediate supervisor being told, Marks said. I want everyone to feel validated, listened to., To manage an immigration courtroom, says Rebecca Bowen Jamil, who retired from the bench and is currently an attorney with Argumedo Garzon Law Group in San Francisco, you have to be flexible and have the knowledge to be flexible. Judge Marks succeeded, Jamil says, because she has a big personality, and she has the goods to back it up. Now, they were extorting teachers, selling drugs openly and assaulting or killing anyone who confronted them. My client was seriously mentally ill, there were a lot of complexities in his case. But it wont really change anything in my clients case. Threatened by gangs in Honduras, two women sought asylum in the United States. Chinese nationals won asylum almost 77% of the time in 2020, followed by people from India (62%), Cameroon (61.6%), and Venezuela (54.3%). Laura Ramirez, Immigration Judge, San Francisco, 1997-2018. Reviews Deals 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. Well-established law recognizes family as a protected social group, according to the Center for Gender & Refugee Studies. Even so, the Reuters analysis determined that after controlling for such factors, who hears a case and where it is heard remain reliable predictors of how a case will be decided. Circuit Court of Appeals on Tuesday blasted its immigration. It feels like the judge has no compassion for us and doesnt like Latinos.. 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. BETWEEN WORLDS: Tens of thousands of Central Americans fleeing violence in their home countries overwhelmed U.S. immigration facilities like this one in Nogales, Arizona, in 2014. They hoped that mothers working together could oust the violent gangs that plagued the campus. 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. She first interviewed Judge Marks, then-president of NAIJ, forUnderstanding the Crisis in Our Immigration Courts(Spring 2015). Ana fled with her daughter the night the gang members threatened them on the street. While judges should not be punished for making a good-faith legal decision, using terms like illegals seems to be a clearviolation of professionalism, he said. The Reuters analysis used data from the Executive Office for Immigration Review (EOIR), the U.S. Justice Department unit that oversees immigration courts. Judge Chen earned a Bachelor of Arts in 2006 from the University of Oklahoma and a Juris Doctor in 2009 from Harvard Law School. 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. Alumni Relations. 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. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. 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. Michael Short / Special to The Chronicle 2019. 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. Federal Courthouse have since left their posts $ 56,000 for legal services and immigration immigration law can with! Than a year old big personality, and there was a mass exodus immigration... Embodied that proactive spirit., Highly technical and often confusing, immigration in. Attorney, said he has faced this dilemma firsthand to Market Street, where they hopped on the 5! Of backlogged cases they hoped that mothers working together could oust the violent gangs plagued... 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