(Neither Holyoak nor Couch worked as an ICE prosecutor, according to their EOIR biographies. Hesaid he was nervous and exhausted when he stepped into the court on Oct.16, 2020, for his fourth hearing. I am not going to risk my childs life. . Who is Judge Marks, and how did she positively influence and impact so many lives? The odds of being successful if unrepresented was much lower (17.7%) than for represented asylum seekers (31.1%) in fiscal year 2020.. She quickly discarded that notion. Sometimes after a court date, I would be so down that I would just say, Forget it, I should just leave.". Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. 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. 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. This time, her lawyer included arguments about her membership in a particular social group. Anas response to Couchs extensive questioning played a part in the decision. 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. 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* . 2020-03-20T04:49:42Z The information is gathered by experienced and trusted Nexstar Media Group journalists hired specifically to cover the border. 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. Judge Marks, in keeping with her upbeat character, reflects on the pluses of her role. About half the cases in the analysis were filed by asylum seekers like the two Honduran women. During his time as an Immigration Judge, Ford has consistently terrorized community members through his hostile and unprofessional treatment of those in his courtroom. Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. In Cleveland, there have been seven complaints filed against the judges in the past five years, according to records obtained from the Department of Justice through a public records request. The San Francisco immigration court doesn't have the kind of COVID-19 supplies that he saw in a Wisconsin courthouse in October 2020. Romy L. Lerner, Immigration Judge, Miami (Krome) Immigration Court. Three led to oral counseling. 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. Their stories illustrate what a Reuters analysis of thousands of court decisions found: The difference between residency and deportation depends largely on who hears the case, and where. Scott Bratton, president of AILA-Ohio, did not wish to comment on the complaint. They had early success, he said, when they persuaded police to provide officers to guard the school. Couch and Holyoak and their courts are not rare outliers, the analysis found. James Roder, the court administrator at the Cleveland Immigration Court, declined to offer a response. That experience, the Reuters analysis found, makes them 23 percent more likely to order deportation. But the patrols left after a few weeks, probably intimidated by the gangs. Were more productive if theyre comfortable, she says. Jeremy J. Butler, Immigration Judge, San Francisco Immigration Court. The case is currently in the appeal process. All of the new immigration judges discussed in this post were selected by former Acting Attorney General Matthew Whitaker. They were elected in 2013 to the board of the parent-teacher association at their children's school in the Honduran capital, Tegucigalpa. They said they would kill me and my children. 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. The administration of President Donald Trump is continuing the effort. This years 71.6% denial rate excludes those who didnt win asylum but were granted a stay of removal, otherwise itd be even higher. 6577, Real Courts, Rule of Law Act of 2022introduced in Congress byRepresentative Zoe Lofgrenand passed by the House Judiciary Committee in May of this year. On December 18, 2020, the EOIR announced the investiture of an additional 14 immigration judges. Some of those asylum seekers told Border Report recently they hope their chances will improve once Joe Biden takes over the White House. And three judges in San Francisco said yes to more than 90% of asylum seekers who came to their courts in 2020. She was our fearless leader in the union, says Judge King, who was Union site representative in San Francisco while Judge Marks was president. From 2001-2013, Judge Farrar-Crockett was an attorney with the Louisville Metro Public Defender Office. And according to the Department of Homeland Security, most of those coming across the border without authorization since are from Mexico. 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. It is unclear why the judge was absent. They said they knew I was involved in the parents association, Gutierrez said. Kathleen Guthrie Woods is a long-time contributor toSan Francisco Attorneymagazine. We had to jump over a wall, and I hurt my foot doing so, she said in an affidavit. 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. . We discussed cases together. In addition to helping her colleagues with the analysis of cases, Judge Marks was available for emotional support. The judge denied her petition and ordered her deported. Hon. Judge Marks says her biggest success was seeingH.R. WASHINGTON An immigration judge in the San Francisco court abruptly quit his post this week, issuing a scathing letter upon his retirement . 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. Within each court, cases are assigned to judges on a random, rotational basis. 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. Two rival gangs the Barrio 18 and the Mara Salvatrucha, also known as MS-13 were operating brazenly in the neighborhood. 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. Riley stopped hearing cases for a few weeks in July and August, but returned shortly after, according to hearing schedules shared with the Dispatch. 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. The mass exodus from Central America was under way when Gutierrez and Ana were elected to the board of the parent-teacher association at their childrens school in spring 2013. 950 Pennsylvania Avenue, NW 950 Pennsylvania Avenue NW. 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. Immigration Judge Emily N. Farrar-Crockett began hearing cases at the Falls Church Adjudication Center in October 2018. Circuit Court of Appeals because her lawyer confused the deadline. Judge Marks faced daunting challenges during her tenure. 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. Threatened by gangs in Honduras, two women sought asylum in the United States. Three percentconcluded with retirement, resignation or termination, and none gave rise to other disciplinary actions like reprimand or suspension. Ill have to weigh my options and consider how bad it is before I stick my neck out there.. 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. Chinese nationals won asylum almost 77% of the time in 2020, followed by people from India (62%), Cameroon (61.6%), and Venezuela (54.3%). Juans application for cancellation of removal was denied in November 2020. Freedom for Immigrants is a 501(c)(3) non-profit based in California. Couch wrote in his opinion that Anas difficulty recounting the names of the women on the association board weighed against her credibility. 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.. I was the first to do the Families with Children Docket, which became known as rocket docket, Judge King recalls. Do you know the people? Denial Rate. 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 question of equality of treatment among judges has gained urgency as the number of cases in immigration court has ballooned to record highs. There is no training on the 2017 calendar. The analysis excluded immigrants who were in detention when their cases were heard because such cases are handleddifferently. The most common occupation was general attorney, followed by general legal and kindred administration. A collaborative court watch program run by NLG-SFBA, Freedom for Immigrants, Kehilla Community Synagogue, Interfaith Movement for Human Integrity, and other coalition organizations trains community members to attend and observe immigration hearings and to document what happens, including any failures of due process. She arrived at the Artesia detention center just weeks after Gutierrez. And then one day we went to lunch, and there they were.. 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; . Possible outcomes include asylum; adjustments of status; stay of deportation; and deportation. McFarland residents vow to keep organizing after court lets GEO expand immigration detention, look to incoming administration for support, After about 5 minutes of struggle, they forced my index finger on the paper: ICE Forcing More Asylum Seekers to Sign Deportation Paperwork as Another Deportation Flight to Cameroon Looms. One was closed because the judge in question had since retired. Treats immigrants, witnesses, and practitioners in an unprofessional and hostile manner. The womens lawyers framed their respective cases with some important differences. An immigrant was still four times as likely to be granted asylum by Holyoak in San Francisco as by Couch in Charlotte. 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. Before: Richard A. Paez and John B. Owens, Circuit Judges, and Morrison C. England, Jr., * Senior District Judge. 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. Individuals can sign up for a court watch training at bit.ly/courtwatch1. 2018 or 2020, and 5% or . I came here when I was very young. Couch and Holyoak and their courts. Its just that she forgets things.. The Reuters analysis also found that an immigration judges particular characteristics and situation can affect outcomes. Because there were no police here, (the gangs) did what they wanted," he said. 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. 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. 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. Rate This Judge / Califica a Este Juez. 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. She remains active today as president emerita. He jokes he decided to hire her the minute she insisted on paying her own fare. In immigration court, the asylum seeker is typically the only witness. After graduating law school at age 23, Judge Marks went into private practice at Simmons & Ungar. Dana Marks, president of the National Association of Immigration Judges, said each case is like a 1,000 piece puzzle. While two cases might look identical on the surface, she said, each judge has to weigh the nuances of immigration law to allow someone to stay in the country, which could lead to different outcomes. I am very worried about her, Gutierrez said. Having come from a country with one of the highest murder rates in the world may have helped establish credible fear. But the two women were already at a disadvantage precisely because they came from Honduras. Boston's immigration judges mentioned in the TRAC analysis were Maureen O'Sullivan, Leonard Shapiro, Paul Gagnon, Robin Feder, Brenda O'Malley, Matthew D'Angelo, Mario Sturla, Gwendylan, and Todd Masters. 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. From 2015 to 2022, she was the Associate Its not consistent because a complaint usually starts out with the persons immediate supervisor being told, Marks said. Former immigration judge Rebecca Jamil in Fremont, California, on Dec. 28, 2018. Anas assertion that she learned from Gutierrez in detention about gang threats to the parent-teacher association was not persuasive, Couch wrote. Click here for the news release. Judge Butler earned a Bachelor of Arts in 2003 from Cornell College and a Juris . Variations among judges and courts are broad. U.S. Department of Justice U.S. Department of Justice. 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. Four of the 31 new immigration judges are assistant chief immigration judges who will oversee six immigration courts. 200 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. Sandra Gutierrez joined her husband in California, where her case was heard by a San Francisco immigration court 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. This material may not be published, broadcast, rewritten, or redistributed. I got in that moment what that was going to be. Gutierrez moved with her boys to Oakland, California, to join her husband, and petitioned to have her case moved to San Francisco. 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. Of the 28 immigration judges Sessions has appointed so far, 16 are former ICE prosecutors. 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 can't file a complaint one day against a judge and the next day come in with your client and expect the judge to treat them well. Robert S. Hough had the highest denial rate (92.2%), according to TRAC. I burst into tears and ran into Danas office for support. 2 Reviews. As the sole breadwinner in his family, he said his wife and kids would suffer emotionally and financially if he were deported. Now they had come to deliver a message to Gutierrez. Shuting Chen, Immigration Judge, San Francisco Immigration Court . 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. From 2020 to 2022, she served as a staff attorney in The Trump administration filled the openings and expanded the size of the bench,appointing 10 judges who currently make up the court. 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. EL PASO, Texas (Border Report) Asylum denial rates in America reached a record high 71.6% in the fiscal year 2020, an immigration think-tank reported. But it wont really change anything in my clients case. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. EOIR held a two-day training session last year. The appointments included former immigration judges who themselves ordered high rates of deportation on the bench, according to the Reuters analysis. Laura Ramirez, Immigration Judge, San Francisco, 1997-2018. Gutierrez contacted relatives who wired the money. The top ten percent of employees in the Executive Office for . . She was our fearless leader in the union, says Judge King, who was Union site representative in San Francisco while Judge Marks was president. Shes funny and insightful, she says. 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. Michael Short / Special to The Chronicle 2019. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. Additionally, the coalition is calling on the community to help hold San Francisco Immigration Court accountable. The union representing immigration judges is suing the Trump administration over a policy they say censors judges. Judge Monique Harris in Houston allows immigrants to stay in just four percent of cases. 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. 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. Numerous legal providers and community members have expressed strong concerns about Fords racist history influencing his work in San Francisco. Her older boy recognized the three armed and heavily tattooed young men on the stoop as the same ones who had thrown him to the ground earlier that day, telling him, not for the first time, that they wanted him to join their ranks. From 2013-2018, she worked as an immigration attorney. 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. 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. [ 72 FR 53677 , Sept. 20, 2007, as amended at 79 FR 39956 , July 11, 2014; 85 FR 81655 , 81750, Dec. 16, 2020] That roster includes Judges Jamil, King, Miriam Hayward, Stockton, Webber, and Laura Ramirez. She was always there for me, emotionally and intellectually.. 415-705-4415. Its not that she is lying. Coincidence or not, denial rates have shot up more than 30% since Donald Trump became president. Riley and Owens havedenied 89% and 96% asylum cases they were in charge of, respectively, since their appointment a few years ago. I really enjoyed working with journalists and legislators. She also describes her stint as NAIJs president as an incredible blessing because it allowed her to become friendly with immigration judges across the country. Ugarte says he felt elated when he learned he would appear before her, not because all cases were granted, but because you felt heard., Judge Markss generosity extended to her colleagues on the bench. Filing a complaint against the judge is something on the table, Olawale 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. The first judge I had, he was strict, but he seemed like a very capable judge and I felt really comfortable, Juan said. The rules of evidence are [only] a guide, theres no pretrial discovery, she says. From 2000 to 2008, she served as a staff attorney for ASK Law Group, in Sherman Oaks, California. On the journey, they were kidnapped common for Central American migrants and held for a $3,500 ransom. . The longer a judge has been serving, the more likely that judge is to grant asylum. She is known for her compassion and fairmindedness. Nationally, EOIR receives about 100 complaints against immigration judges every year, but most of them do not carry serious consequences, EOIR statistics show. Lt. Jonathan Scott Simpson '95 has been appointed Immigration Judge, San Francisco Immigration Court, by the Executive Office for Immigration Review. I thought, I have to go now. People familiar with the system are well aware of the difference. 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. 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