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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. No credit card required. The Southern Poverty Law Center and another nonprofit group, the Innovation Law Lab, compiled several examples from focus groups of attorneys they held, which were included in a report criticizing the immigration court system. To maintain appropriate social distancing and best facilitate hearings, you may be asked to move or leave a particular area. Only then, she argues, should he support legislation making the courts independent. Already a subscriber? The immigration court has put into place procedures to implement the guidance of public health officials. He was allowed to keep his job, and still has it to this day, though he remains barred from working in the appeals courts headquarters unless his presence is unavoidable, such as in rare instances when the board hears oral arguments. I just remember feeling kind of enraged that I was wanted (by him) to laugh, she said. Some complaints are never shared in detail with the judge, and those who file them are not told the outcome. In the interim, Assistant Chief Immigration Judge Print Maggard will serve as the Acting Chief Immigration Judge. Secure .gov websites use HTTPS It said the earlier complaints against Cassidy did not include allegations of harassment and showed no evidence he has engaged in serial misconduct.. 17, 2017).pdf, Recently Disciplined Attorneys and Updated List(1).pdf, There are too many files to display on this communication. In such cases, The Chronicle has complete knowledge of the unnamed person's identity and of how that person is in position to know the information. Visitors will pass through a metal detector machine and are subject to additional screening if deemed necessary. For years, women working at the national headquarters of the immigration courts in Falls Church, Va., shared whispered warnings about Judge Edward R. Grant. The attorneys were not identified by name in the report. Law360 takes your privacy seriously. 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. [[To print the PDF on this page please use the print function in the PDF reader. Email: tal.kopan@sfchronicle.com Twitter: @talkopan. Any records referencing phone conferences regarding the Supreme Court's decision in Pereira v. Sessions from June 21, 2018 to the date this FOIA request is processed. Print Maggard was appointed as an ACIJ in January 2012. 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. Attorney General Loretta E. Lynch appointed Judge Simpson to begin hearing cases in November 2015. Jeff Sessions, U.S. attorney general from 2017 to 2018, addresses incoming immigration judges in Falls Church, Va., in September 2018. An official website of the United States government. Truslow, who said it was her first hearing on the job, was furious. Subject: RE: Freedom of Information Act Request #2018-37357. Five led to counseling by Cassidys bosses on how he should conduct himself. 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. The department said all hiring for immigration courts and the Board of Immigration Appeals follows an open, merit-based process. Removing judges who commit misconduct from the courts will be no easy task for Biden, as the system itself is part of the problem, experts say. The brand-new 18th edition of Kurzban's Immigration Law Sourcebook is now shipping. The Chronicles investigation revealed that inappropriate behavior by judges was far from uncommon in immigration courts around the country, and that the comments made by the Atlanta attorneys echoed sentiments voiced by their peers nationwide. 5107 Leesburg Pike, Suite 1800 In EOIR space, staff or signs may direct you to a seat. The Board of Immigration Appeals primarily reviews appeals of decisions by immigration judges. Under the Trump administration, the number of complaints dismissed jumped from roughly 40% in 2015 and 2016 to 60% in 2017, 2018, 2019 and 2020. 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. A third, a supervisor based mostly in San Francisco, commented with colleagues about the attractiveness of female job candidates, an internal investigation concluded. 0 Jonathan S. Simpson, Immigration Judge, San Francisco Immigration Court. Pursuant to the Freedom of Information Act, I hereby request the following records: 1. Robert Print Maggard's 2021 pay is 22% higher than the average General Attorney across all agencies. Falls Church, VA 22041 The immigration courts do have a system for reporting complaints. The department said all of its employees complete mandatory sexual harassment and misconduct awareness training. ], American Immigration Lawyers Association 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. She said the agency takes allegations of misconduct seriously and that anyone with a valid complaint should file it. Please see the agencys Public Health Noticefor more information. Maggard did not respond to requests for comment. The complaint process doesnt effectively serve management, doesnt effectively serve the judges or employees of (the agency), and it certainly doesnt effectively serve the public.. 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. But, she said, he was in front of him., Atlanta immigration attorney Carolina Antonini says one judges inappropriate comments about women are so cumulative that it becomes like background noise., The Justice Department and McHenry declined to comment on McHenrys relationship to Cassidy or his role in promoting him. 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. Instead, the report concluded that Maggard exhibited poor judgment and should have avoided such behavior. None of those deals with sexist or sexually inappropriate behavior, instead focusing on improper handling of the judicial process. These judges behavior toward women is not an isolated phenomenon in the immigration courts system. It is an ever-present buzz. Because the immigration courts are part of a law enforcement agency, politics too often plays a role in the promotion and retention practices in the immigration court system., McHenry, the Justice Department courts director, issued a memo in August 2019 on allegations of misconduct, saying judges are expected to adhere to the highest standards of ethical conduct and professionalism and to maintain impartiality.. 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 Make arrangements to arrive in advance of your hearing so you arrive to the courtroom on time. The U.S. Department of Justice is the department responsible for the enforcement of the law and administration of justice in the U.S. Antonini, who also knows McHenry, said he should have been well aware of Cassidys in-court behavior. Supervisors of judges have also engaged in behavior that could give rise to harassment or misconduct claims, according to a 2019 Justice Department inspector generals report obtained by The Chronicle. Sign up for a free account. EOIR announcement that Brian M. O'Leary is returning to the Arlington Immigration Court as an immigration judge. 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.. In those roles, he appeared in numerous cases before Cassidy. Grant did not respond to requests for comment. Wr/Joseph R. SchaafChief Counsel, Administrative LawExecutive Office for Immigration Review, Subject: FOIA Tracking Number Change for consultation DOJ-2018-007740 (to DOJ-2018-007740), The FOIA consultation DOJ-2018-007740 has had its Tracking Number changed to DOJ-2018-007740. I remember feeling very, very embarrassed and shaking, and I went completely red. An acknowledgement letter, stating the request is being processed. Its a problem that Bidens administration has inherited. Judge-by-Judge Asylum Decisions in Immigration Courts Before and After the Attorney General's Directive : Denial Rate : Immigration Court: . of Commerce) or to a sub-agency to process it. But she said the Trump administration focused on different priorities namely, speeding up deportation cases and limiting immigrants ability to win asylum. 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. Robert Print Maggard's 2021 pay is 29% higher than the average pay of an IJ employee at the Executive Office for Immigration Review . ]], [This functionality does not work on your device. From 2008 through 2015 and 2002 through 2005, Judge Daugherty was a member of the Navy-Marine Corps Trial Judiciary, serving in capacities including chief trial judge and circuit judge. 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. The new immigration judges were appointed by U.S. Attorney General Loretta E. Lynch. The leading immigration law publisher - over 50000 pages of free information! But in practice, there is little to prevent judges from retaliating against someone who complains, attorneys say. If the allegations are specific, it takes little effort for a judge to figure out who filed the complaint, and attorneys describe instances of judges retaliating without consequences. 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. 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. If instructed to sit in a particular location, do not switch seats. The U.S. Genovese and other attorneys in Atlanta say such behavior was routine for Cassidy. 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. She said the situation improved in recent years as more supervising judges were placed in the regions they oversee. Any records referencing phone conferences regarding the Supreme Court's decision in Pereira v. . Click here to login, 2023, Portfolio Media, Inc. | About | Contact Us | Legal Jobs | Advertise with Law360 | Careers at Law360 | Terms | Privacy Policy | Cookie Settings | Help | Site Map, Enter your details below and select your area(s) of interest to stay ahead of the curve and receive Law360's daily newsletters, Email (NOTE: Free email domains not supported). 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. Phones and electronic devices must be silenced in the court lobby. 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. She said the Trump administration further chilled those who would complain about judges behavior with its choices of which judges to promote. He and his colleagues are the next-to-last hope for immigrants. Law360 provides the intelligence you need to remain an expert and beat the competition. Case documents are sent to and from Grants home, multiple sources familiar with the situation told The Chronicle. Security officers may inspect electronic equipment and conduct additional screening if deemed necessary or instructed to do so by the court. Without an independent court, said Mendez, the Catholic Legal Immigration Network advocate, there will never be accountability. The request was for the entirety of each message that mentioned the word "Pereira." There are too many files to display on the request page. Please remember this while choosing to enter an elevator. 133 0 obj <> endobj Michelle Mendez of the Catholic Legal Immigration Network, which provides legal representation to immigrants and helps attorneys report allegations of judicial misconduct, said lawyers face tremendous pressure not to call out judges bad behavior, even though they know ignoring it means it is likely to continue. All items will pass through an x-ray machine and are subject to manual inspection if deemed necessary. She had lived in the U.S. most of her life and began using marijuana after suffering multiple miscarriages, leading to criminal convictions that made her subject to deportation. pdf.pdf, Policy & Case Law Bulletin - January 26, 2018.pdf, Supreme Court Published - Maslenjak v. United States.pdf, Recently Disciplined Practitioners, Reinstated (2).pdf. 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