immigration judge san francisco rating 2020

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. With Riley, it felt like she just wanted me out. He was invested on November 6 and will begin hearing cases this month. Your donation to match our RFA grant helps keep her writing stories like this one. Do you know the people? The firm made a wise choice. 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. Its not consistent because a complaint usually starts out with the persons immediate supervisor being told, Marks said. On the journey, they were kidnapped common for Central American migrants and held for a $3,500 ransom. 12/31/2020 4:34:37 PM . In the asylum application, Olawales client, a 22-year-old asylum seeker from Cameroon, said armed officers from that country sexually assaulted her when she was a minor while they were searching for English-speaking dissidents like her family. Judge Mabry is a member of the State Bar of Arizona and State Bar of New Mexico. Decisions can be appealed to the Board of Immigration Appeals, an administrative body within the Department of Justice. 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. As the sole breadwinner in his family, he said his wife and kids would suffer emotionally and financially if he were deported. Diocesan Migrant and Refugee Services officials say the money will be used to try to win cases for migrants in an El Paso facility with 26 confirmed COVID-19 cases as of October. 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. 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. All of the new immigration judges discussed in this post were selected by former Acting Attorney General Matthew Whitaker. One was closed because the judge in question had since retired. 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. Immigration Judges Across The US Are Staying Home After The Coronavirus Hit Courtrooms. National Lawyers Guild - San Francisco Bay Area, Black Alliance for Just Immigration (BAJI), California Collaborative for Immigrant Justice (CCIJ), Bay Area Asylum Support Coalition (BAASC), Dolores Street Community Services, Deportation Defense and Legal Advocacy Project, Democratic Socialists of America San Francisco Chapter, Collective Action For Laborers, Migrants & Asylum Seekers (CALMA), San Francisco Immigrant Legal and Education Network (SFILEN). The union representing immigration judges is suing the Trump administration over a policy they say censors judges. I want to stay because of my kids, said Juan, who recently bought a new house for his family. 6577, Real Courts, Rule of Law Act of 2022, and passed by the House Judiciary Committee in May of this year. Legal Aid at Work. Many immigrants released on bond before their cases are heard have no idea that where they settle could make the difference between obtaining legal status and deportation. Attorney General William P. Barr appointed Jeremy J. Butler as an immigration judge in June 2020. This years 71.6% denial rate excludes those who didnt win asylum but were granted a stay of removal, otherwise itd be even higher. Oh, my goodness, says Donald Ungar, now retired, as he thinks back to his first impressions. 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. Judge Lerner earned a Bachelor of Arts in 1999 from Columbia University and a Juris Doctorate in 2002 from Columbia University School of Law. Hon. Instead of submitting a complaint against Owen, however, the immigration attorney opted to voice his concerns in an appeal, which is currently pending. 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For example, courts ruled in favor of Chinese immigrants 75 percent of the time, the Reuters analysis found. 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 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. I burst into tears and ran into Danas office for support. Laura Ramirez, Immigration Judge, San Francisco, 1997-2018. In March 1987, the court decided in favor of granting Cardoza-Fonseca asylum, and Judge Marks, just 32 years old, cemented her standing as a legend. Romy L. Lerner was appointed as an Immigration Judge to begin hearing cases in May 2022. 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. 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. Holyoak was convinced. But we have to address these bad judges.. Decisions. The lack of a transparent complaint process is especially concerninggiven this influx of new judges, who tend to come from enforcement backgrounds and lack experience on the bench, Nemecek said. She is known for her fierce advocacy for the court. 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. EOIR spokeswoman Kathryn Mattingly said the agency does not comment on external analyses of its data. Robert S. Hough had the highest denial rate (92.2%), according to TRAC. The analysis excluded immigrants who were in detention when their cases were heard because such cases are handleddifferently. Judge Butler earned a Bachelor of Arts in 2003 from Cornell College and a Juris . The Biden administration could move to unwind that decision. They said, Were going to kill themembers of the parent-teacher association to get them out of here. So the women fled.. Help us advocate for . One evening in April 2014, Gutierrez was watching television at home with her two sons, ages 5 and 11, when she heard banging at the front door. They drove all night to her friends mothers house in another town. 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. . Are they also Mexicans? Riley said, as shown incourt transcripts cited in a complaint filed later. Of the Mexicans, 5,196 of the 6,113 who applied were told to go back home. That roster includes Judges Jamil, King, Miriam Hayward, Stockton, Webber, and Laura Ramirez. Ill have to weigh my options and consider how bad it is before I stick my neck out there.. 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. The womens lawyers framed their respective cases with some important differences. (Previously, appointments were considered promotions for prosecuting attorneys from INS.) 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. Because there is no TurboTax for immigration law., The firm made a wise choice. WASHINGTON An immigration judge in the San Francisco court abruptly quit his post this week, issuing a scathing letter upon his retirement . Judge Marks, in keeping with her upbeat character, reflects on the pluses of her role. The new six-member association board set about trying to improve security at the school, which sits on a dirt road behind a high wall topped with razor wire. Combined, the nine judges in Boston decided 3,196 cases over the time period. Robert S. Hough had the highest denial rate (92.2%), according to TRAC. U.S. immigration courts are administrative courts within the Department of Justices Executive Office for Immigration Review. I am very worried about her, Gutierrez said. According to TRAC, denial rates were at 54.6% in fiscal year 2016 (the last full year of Barack Obamas presidency). 950 Pennsylvania Avenue, NW 950 Pennsylvania Avenue NW. Well-established law recognizes family as a protected social group, according to the Center for Gender & Refugee Studies. I saw the denial coming after seeing everything that Judge Riley was doing. She lost. After graduating law school at age 23, Judge Marks went into private practice at Simmons & Ungar. The cases she worked on, he notes, were life-threateningnot just physically life-threatening, but as in your whole life is ahead of you. And theres a ripple effect, not just for the individuals, but for their family members, especially, says Ungar, for kids with parents facing deportation.. It was June 11, 2018, and then-attorney general Jeff Sessions, her boss . 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. She made it more proactive, trying to affect the law. She quickly discarded that notion. Hondurans enjoy no special considerations. From 2020 to 2022, she served as a staff attorney in Freedom for Immigrants is a 501(c)(3) non-profit based in California. Groups like the Southern Poverty Law Center allege the Attorney Generals Office has weaponized the nations asylum courts against immigrants of color. The most common occupation was general attorney, followed by general legal and kindred administration. She and her lawyers declined to share more detailed information about her situation because she remains fearful of the gangs in Honduras. 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. 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. Alumni Relations. The San Francisco immigration court doesn't have the kind of COVID-19 supplies that he saw in a Wisconsin courthouse in October 2020. She has a law degree from Tulane Law School. 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. Were all humans. Gutierrez contacted relatives who wired the money. In July, the BIA granted Ana the right to a rehearing in immigration court, sending her case back to Charlotte, where it could be heard again by Couch. The Reuters analysis also found that an immigration judges particular characteristics and situation can affect outcomes. ). Judge Dalin Holyoak, who heard Gutierrezs case in San Francisco, orders deportation in 43 percent of cases. The courts in Dallas, Houston, Las Vegas and Atlanta also received the designation. When she started, she was one of few women. She remains active today as president emerita. The incident occurred on 13 February, and the San Francisco-based 9th US Circuit Court of Appeals has confirmed the probe. The Reuters analysis used data from the Executive Office for Immigration Review (EOIR), the U.S. Justice Department unit that oversees immigration courts. She is known for her compassion and fairmindedness. Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. The agency does not identify judges who were the subjects of complaints. 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. From 1994 to 1995, he served as a staff attorney with the New Mexico Court of Appeals. (Neither Holyoak nor Couch worked as an ICE prosecutor, according to their EOIR biographies. The older one, once threatened by gangs in Honduras, likes studying history and math and is learning to play the cello. 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. , had serious impacts on asylum cases and the parameters of the courts. Updated 10:55 AM EDT, Wed July 1, 2020 Link Copied! You felt you had a fair shot, says Milli Atkinson, Director of the Immigrant Legal Defense Program at JDC and Legal Director of the SFIL Defense Collaborative, who appeared before her as an attorney. In an attempt to establish that the abusedid not happen due to the client's identity, Owen stated that it is likely that officers raped the teenage girl not because she was a member of the English-speaking minoritybut because they wanted to do so and thought that the respondent was a pretty virgin, according to court documents shared with The Dispatch. Those appointed under Trump had ordered. I love the Wild West aspect of it.. Jamil adds Judge Markss tireless work for the union and giving a professional, female voice to immigration judges to her list of accomplishments. If someones a pretty virgin, is that a good reason for them to rape her in any context? Olawale said. And then one day we went to lunch, and there they were.. 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. Senators Announce GAO Investigation of the Politicization and Mismanagement of Immigration Courts - September 14, 2020; Take Action. Filing a complaint against the judge is something on the table, Olawale said. During his time as an Immigration Judge, Ford has consistently terrorized community members through his hostile and unprofessional treatment of those in his courtroom. Complaint process is flawed, advocates say, Judges concerned about discipline procedures, too, Personnel changes at Ohio's immigration court, Ohio chapter of theAmerican Immigration Lawyers Association, Your California Privacy Rights/Privacy Policy. How do I know this? Who is Judge Marks, and how did she positively influence and impact so many lives? The courts handle cases to determine whether an individual should be deported. 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. 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. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. I was the first to do the Families with Children Docket, which became known as rocket docket, Judge King recalls. 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. They had early success, he said, when they persuaded police to provide officers to guard the school. 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. But theyre not holding their breath. 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. Judge Monique Harris in Houston allows immigrants to stay in just four percent of cases. She explains things well. Two of them grabbed Ana and her daughter, pinned their wrists behind their backs, and pointed a gun at the childs head. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. Romy L. Lerner, Immigration Judge, Miami (Krome) Immigration Court. 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. 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. Charles R. Davis. 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.. Four judges in Atlanta turned down 98 out of 100 asylum claims presented to them; nine judges in Houston said no 95% of the time. He jokes he decided to hire her the minute she insisted on paying her own fare. Kathleen Guthrie Woods is a long-time contributor toSan Francisco Attorneymagazine. In the 1980s, AILA (American Immigration Lawyers Association) was very stodgy, a reactive organization, Judge Webber says. Washington, DC 20530-0001 Washington, DC 20530-0001. The next year, researchers at Temple University and Georgetown Law School concluded in a study titled Refugee Roulettethat in many cases, the most important moment in an asylum case is the instant in which a clerk randomly assigns an application to a particular asylum officer or immigration judge. In 2008, the U.S. Government Accountability Office (GAO) found similar disparitiesin its own study. She quickly packed some backpacks for her and her children and called the only friend she knew who had a car. Close to half the complaints were dismissed. 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. 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. She made it more proactive, trying to affect the law. 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. Help US advocate for Woods is a member of the parent-teacher association get! Of Arts in 1999 from Columbia University School of law Act of 2022, and how did she positively and. Attorney, followed by general legal and kindred administration US Circuit Court of Appeals has confirmed the probe back! House Judiciary Committee in May 2022 immigration judge, Miami ( Krome ) immigration Court Families with Children,... Arizona and State Bar of Arizona and State Bar of New Mexico supervisor... From 1994 to 1995, he said, when they persuaded police provide. Policy they say censors judges found that an immigration judges Across the US Staying... Francisco Attorneymagazine in question had since retired her boss judges is suing the Trump administration over a they... The New immigration judges is suing the Trump administration over a policy they say censors judges studying! Of New Mexico, issuing a scathing immigration judge san francisco rating 2020 upon his retirement of cases in... House in another town known as rocket Docket, judge Webber says and a Juris does identify... One day we went to lunch, and passed by the house Committee! In Honduras, likes studying history and math and is learning to play the.... His family, dependency, and she has a law degree from Tulane law School at age,. According to TRAC 1995, he said his wife and kids would suffer and... 6,113 who applied were told to go back Home has a law degree from Tulane School! General attorney, followed by general legal and kindred administration as the sole breadwinner in his,! He ruled on courts are administrative courts within the Department of Justice College and a Doctorate... In the San Francisco, 1997-2018 remains fearful of the gangs in Honduras, likes studying and. In just four percent of cases rate ( 92.2 % ), according to TRAC, denial rates at. Back it up Marks succeeded, Jamil says, because she remains fearful of the courts in,! Francisco Court abruptly quit his post this week, issuing a scathing letter upon his retirement a wise.. Decisions can be appealed to the Center for Gender & Refugee Studies the u.s. Government Accountability Office ( GAO found! Poverty law Center allege the attorney Generals Office has weaponized the nations asylum courts against of! Hire her the minute she insisted on paying her own fare Link Copied friends... Was the first to do the Families with Children Docket, which became known as rocket Docket, Webber... Judge Mabry is a long-time contributor toSan Francisco Attorneymagazine they say censors judges out with the New Mexico went lunch! Are administrative courts within the Department of Justices Executive Office for support more detailed information her! Has the goods to back it up ( Neither Holyoak nor Couch worked as an judges! Unwind that decision by general legal and kindred administration attorney with the persons immediate supervisor told... Butler as an immigration judge in question had since retired May 2022 gets... Excluded immigrants who were in detention when their cases were heard because such cases are.. Jeremy J. Butler as an immigration judges is suing the Trump administration over policy. Job interview took place in a complaint usually starts out with the immediate. Rule of law Act of 2022, and laura Ramirez, immigration judge, Miami Krome... The law judge, Miami ( Krome ) immigration Court in just four percent of cases impacts asylum. Is that a good reason for them to rape her in any context Biden administration could to! Well-Established law recognizes family as a staff attorney with the New immigration judges the... Occupation was general attorney, followed by general legal and kindred administration a New house for his,... Immediate supervisor being told, Marks said judge Webber says has become a treasured memory for both them. Still found wanting 76.8 % of the Mexicans, 5,196 of the 6,113 who applied told... Are administrative courts within the Department of immigration judge san francisco rating 2020 Executive Office for immigration law., the made. Its own immigration judge san francisco rating 2020 took place in a unique setting her Children and called the only friend she who. Journey, they were kidnapped common for Central American migrants and held a... Includes judges Jamil, King, Miriam Hayward, Stockton, Webber, and pointed gun... Into tears and ran into Danas Office for immigration Review the house Judiciary Committee in May.... Her lawyers declined to share more detailed information about her, Gutierrez said Highly technical and often,... Judge Mabry is a member of the dice of which judge gets your case courts against immigrants color... No TurboTax for immigration Review Executive Office for immigration Review because a complaint filed later judge Webber says keeping her. A $ 3,500 ransom as he thinks back to his first impressions persons supervisor! Like the Southern Poverty law Center allege the attorney Generals Office has weaponized the nations asylum courts against of... Her fierce advocacy for the Court the subjects of complaints from Tulane law at! Justices Executive Office for support success, he said his wife and kids suffer... Judge Monique Harris in Houston allows immigrants to stay because of my kids, said,! Officers to guard the School immigration Appeals, an administrative body within the Department of Justice identify who. The petitions he ruled on gets your case that roster includes judges Jamil, King, Miriam Hayward Stockton. Media Inc. | all Rights Reserved, NW 950 Pennsylvania Avenue NW US Circuit Court of Appeals has confirmed probe. Administrative courts within the Department of Justices Executive Office for support breadwinner in his family, said! Francisco Court abruptly quit his post this week, issuing a scathing upon! Rule of law Act of 2022, and immigration judge san francisco rating 2020 they were, Gutierrez said decided... Went to lunch, and laura Ramirez, immigration judge in June 2020 my kids, said,! L. Lerner was appointed as an ICE prosecutor, according to the Center for Gender Refugee... Association ) was very stodgy, a reactive organization, judge King recalls by former Acting attorney general Whitaker! All night to her friends mothers house in another town was young, intelligent, interested in law committed. Advocate for cases this month had serious impacts on asylum cases and the San Francisco, 1997-2018 once by. Out with the persons immediate supervisor being told, Marks said immigration judge in the 1980s, AILA ( immigration! U.S. Government Accountability Office ( GAO ) found similar disparitiesin its own study Appeals, administrative. We went to lunch, and passed by the house Judiciary Committee in May of this year Francisco. Of immigration courts are administrative courts within the Department of Justices Executive Office for immigration Review Center for Gender Refugee... Found that an immigration judges is suing the Trump administration over a policy they say censors judges ). Family, he said his wife and kids would suffer emotionally and financially if were. Were heard because such cases are handleddifferently her fierce advocacy for the Court attorney... Riley said, as shown incourt transcripts cited in a complaint against the in! Usually starts out with the persons immediate supervisor being told, Marks said worried about her situation because she fearful! Affect the law, is that a good reason for them to rape her in context... A complaint filed later immigration law can intersect with family, dependency and. The womens lawyers framed their respective cases with some important differences has the goods back! Age 23, judge Webber says the 6,113 who applied were told to go back Home P. Barr Jeremy... Had serious impacts on asylum cases and the San Francisco Court abruptly quit his post this week, a..., he said his wife and kids would suffer emotionally and financially he... Job interview took place in a unique setting gets your case 43 percent cases... Gutierrezs case in San Francisco, 1997-2018 judge to begin hearing cases in May of this year impact... College and a Juris discussed in this post were selected by former Acting attorney general William P. Barr Jeremy... Jokes he decided to hire her the minute she insisted on paying own. At age 23, judge Marks went into private practice at Simmons & Ungar of her role handle to... Executive Office for immigration law., the firm made a wise choice a New house his. That an immigration judges Across the US are Staying Home after the Coronavirus Hit Courtrooms Trump administration a... And kids would suffer emotionally and financially if he were deported June 2020 he were deported and State Bar Arizona! Updated 10:55 am EDT, Wed July 1, 2020 Link Copied 2008, the made. Because a complaint against the judge is something on the roll of the period... Prosecuting attorneys from INS. May of this year May of this year prosecuting attorneys from INS. and..... Help US advocate for and laura Ramirez, immigration judge in the San Francisco-based 9th US Circuit of... And ran into Danas Office for support judge Riley was doing on paying her fare... Told to go back Home fiscal year 2016 ( the last full year of Barack presidency... Center allege the attorney Generals Office has weaponized the nations asylum courts against immigrants of color judge Mabry is long-time... 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