Judge Marks says her biggest success was seeingH.R. That experience, the Reuters analysis found, makes them 23 percent more likely to order deportation. WASHINGTON An immigration judge in the San Francisco court abruptly quit his post this week, issuing a scathing letter upon his retirement . Shuting Chen, Immigration Judge, San Francisco Immigration Court . 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. Oh, my goodness, says Donald Ungar, now retired, as he thinks back to his first impressions. The state court had plexiglass barriers, an air. They hoped that mothers working together could oust the violent gangs that plagued the campus. Riley stopped hearing cases for a few weeks in July and August, but returned shortly after, according to hearing schedules shared with the Dispatch. As has been true in earlier years, having representation greatly increases the odds of winning asylum or other relief, TRACs Oct. 28 report says. From 2015 to 2022, she was the Associate In late 2014, the two women were released on bond. I began to panic and shake, she said. The other 27 immigration judges will serve across the country on 19 immigration courts. Sep 2013 - Dec 20141 year 4 months. They speak of a woman who broke through barriers, applied the law fairly and compassionately, fought hard fights, and inspired others to join her. Also, immigration judges are bound by precedents established in the federal appeals court that covers their location. Men are more likely than women to order deportation, as are judges who have worked as ICE prosecutors. The Trump administration filled the openings and expanded the size of the bench,appointing 10 judges who currently make up the court. From 2012 to 2016, EOIR received 624 complaints against judges.The 138 complaints lodged in 2016 alone included allegations of bias, as well as concerns about due process and judges conduct within the courtroom. Its just that she forgets things.. Learn more about how to check your immigration court date and the status of your immigration case from here. The courts facedand continue to grapple witha crisis of backlogged cases. From 1994 to 1995, he served as a staff attorney with the New Mexico Court of Appeals. I didnt have to scare or browbeat people into my decisions, says Judge Marks. 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. 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. Immigration Court. The clients loved her, says Ungar. But complainants like Juan and their attorneys said they have beendisappointed that their efforts did not lead to any lasting changes and that there was little transparency in the investigation process. 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. 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. Demonstrates unlawful and inappropriate manifestations of bias in the courtroom. She remains active today as president emerita. Appearing in IJ Fords courtroom was a reminder that immigration courts are arenas ripe for traumatization and dehumanization, especially in the context of xenophobic administrations. Coincidence or not, denial rates have shot up more than 30% since Donald Trump became president. Two rival gangs the Barrio 18 and the Mara Salvatrucha, also known as MS-13 were operating brazenly in the neighborhood. IJ Ford felt empowered to shout at and accuse my client throughout the hearing, showing little regard for the fact that she was a human being in his courtroom, said Omar de la Cruz, immigration attorney at Centro Legal de la Raza. Please consider making a tax-deductible donation athttps://bit.ly/3fNsGaZ. The Reuters analysis used data from the Executive Office for Immigration Review (EOIR), the U.S. Justice Department unit that oversees immigration courts. This time, her lawyer included arguments about her membership in a particular social group. I saw the denial coming after seeing everything that Judge Riley was doing. 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. In the 1980s, AILA (American Immigration Lawyers Association) was very stodgy, a reactive organization, Judge Webber says. Judge Butler earned a Bachelor of Arts in 2003 from Cornell College and a Juris . She lost. Judge Marks led the union for a total of 18 years, serving seven two-year terms as president (not sequential) and four as executive vice president. The rules of evidence are [only] a guide, theres no pretrial discovery, she says. Rate This Judge / Califica a Este Juez. There are still good judges out there. The schools principal, who asked that he and the school not be identified out of fear of retaliation, worked with the board. The asylum appeal process is equally politicized, the group says. 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. 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. Those on the other side of the complaints the immigration judges also take issues with the EOIR discipline process. Judge Marks led the union for a total of 18 years, serving seven two-year terms as president (not sequential) and four as executive vice president. Some of those asylum seekers told Border Report recently they hope their chances will improve once Joe Biden takes over the White House. When Theodore Murphy, a former ICE prosecutor who now represents immigrants, has a client in a jurisdiction with a high deportation rate but near one with a lower rate, I tell them to move, he said. The union representing immigration judges is suing the Trump administration over a policy they say censors judges. 2018 or 2020, and 5% or . 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; . She was always kind and patient with people who came before her. Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. Because there is no TurboTax for immigration law.. I got in that moment what that was going to be. She helped create an inspiring model for how courtscanbe, says Ugarte, and Judge Webber states, simply, She inspires people all the time., While she has had some limelight in her career, the vast majority of her work has been thankless, says Judge King. 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. Reuters Investigates offers several ways to securely contact our reporters, Before, no one wanted to say anything about the gangs, Gutierrez said. That roster includes Judges Jamil, King, Miriam Hayward, Stockton, Webber, and Laura Ramirez. Shuting Chen was appointed as an Immigration Judge to begin hearing cases in October 2022. Jamil adds Judge Markss tireless work for the union and giving a professional, female voice to immigration judges to her list of accomplishments. She can look back with satisfaction at the mass of people whose lives she helped, says Ungar. Ana declined to be interviewed for this article. 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. There, they applied for asylum. Those appointed under Trump had ordered. Citing the experience of six anonymous immigrants, including Juan, the complaint accuses Riley of biases against Latino immigrants, bullying and hostile questioning,a lack of professional competence and other alleged misconducts. Yilun Cheng is a Report for America corps member andcovers immigration issues for the Dispatch. Judge Halperin is a member of the Utah State Bar. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. 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. 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. In the 1980s, AILA (, ) was very stodgy, a reactive organization, Judge Webber says. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. 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. Gutierrez contacted relatives who wired the money. One was closed because the judge in question had since retired. The case was transferred to a new judge who sentenced Puente to time . The average salary for an Immigration Judge is $72,811 per Year in the United States. Groups like the Southern Poverty Law Center allege the Attorney Generals Office has weaponized the nations asylum courts against immigrants of color. 0% San Francisco; 0% Denver; 0% Dallas, TX; 0% Boston; 0% Los Angeles; 0% Atlanta; Salary Ranges for Immigration Judges. Three led to oral counseling. I love the Wild West aspect of it.. There is no training on the 2017 calendar. 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. 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), . Freedom for Immigrants is a 501(c)(3) non-profit based in California. It feels like the judge has no compassion for us and doesnt like Latinos.. I want to stay because of my kids, said Juan, who recently bought a new house for his family. For example, U.S. government policy is more lenient toward people from some countries, less so for others. On December 18, 2020, the EOIR announced the investiture of an additional 14 immigration judges. 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. 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. This material may not be published, broadcast, rewritten, or redistributed. 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. Add Photos. 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. 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. 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. 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* . 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. Of course, other factors influence outcomes in immigration court. 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. 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. 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. 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. Circuit Court of Appeals on Tuesday blasted its immigration. William L. Abbott decided the largest number of cases (344) in fiscal year 2020 and denied 89.2% of them (307). Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. No one isanillegal in this country. ). 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. 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. 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. 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. The firm made a wise choice. It then created a system for the public to file complaints against immigration judges. Well-established law recognizes family as a protected social group, according to the Center for Gender & Refugee Studies. Her boys are in school. Gutierrez can live and work legally in the United States and will ultimately be able to apply for citizenship. Now, they were extorting teachers, selling drugs openly and assaulting or killing anyone who confronted them. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. Judges fail to apply binding legal standards, make decisions based on illegally invented rules, engage in abusive treatment of noncitizens and their counsel and even decide cases before holding hearings.. 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. Corrective actions such as counseling or training were taken in 39 cases. And three judges in San Francisco said yes to more than 90% of asylum seekers who came to their courts in 2020. A 1996 law expanded the definition of political refugees to include people who are forced to abort a child or undergo sterilization, allowing Chinese women to claim persecution under Beijings coercive birth-control policies. Phone number. Theres just a real lack of systematic accountability.. Shes funny and insightful, she says. "EOIR takes all complaints seriously, investigates all colorable complaints, and takes corrective action when appropriate, Montenegro said in an email statement. Central Americans are among the least successful at gaining asylum from U.S. immigration court judges, a Reuters analysis found. 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. She is known for her compassion and fairmindedness. Hon. Michael Short / Special to The Chronicle 2019. As the sole breadwinner in his family, he said his wife and kids would suffer emotionally and financially if he were deported. On Thursday, a coalition of 17 legal services and immigration. She was so good to him. This was something Judge Marks had learned from her experience with her own clients. . 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. 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