San Francisco immigration judge begs officials to close her courtroom over coronavirus. The incident occurred on 13 February, and the San Francisco-based 9th US Circuit Court of Appeals has confirmed the probe. From 2000 to 2008, she served as a staff attorney for ASK Law Group, in Sherman Oaks, California. And three judges in San Francisco said yes to more than 90% of asylum seekers who came to their courts in 2020. Its not that she is lying. Sixty-one percent of all complaints closed in the fiscal year 2020 ended up being dismissed. Attorneyseven conservativesrespected her., Judge Marks explains it another way. And when there isnt an independent investigatorand you have people on the same team investigating each other, that isnt a fair way to undo the wrong that has been done.. But the bulk of asylum seekers who came during the 2018-2019 migrant surge were Central Americans. EOIR spokeswoman Kathryn Mattingly said the agency does not comment on external analyses of its data. Romy L. Lerner, Immigration Judge, Miami (Krome) Immigration Court. 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. They had confidence in her that she was doing everything she could for them. She demonstrated this on a national level in October of 1986 when Judge Marks (along with Bill O. Hing, Susan Lydon, and Kip Steinberg) argued on behalf of Luz Marina Cardoza-Fonseca before the US Supreme Court (INS v. Cardoza-Fonesca). Threatened by gangs in Honduras, two women sought asylum in the United States. By MICA ROSENBERG, READE LEVINSON and RYAN McNEILL. 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. Circuit Court of Appeals on Tuesday blasted its immigration. 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. They were eventually transferred to the ICE detention center in Artesia. They were elected in 2013 to the board of the parent-teacher association at their children's school in the Honduran capital, Tegucigalpa. 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. I thought, I have to go now. The appointments included former immigration judges who themselves ordered high rates of deportation on the bench, according to the Reuters analysis. One was closed because the judge in question had since retired. 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. We were the brave ones. We had to jump over a wall, and I hurt my foot doing so, she said in an affidavit. She was always there for me, emotionally and intellectually.. The top ten percent of employees in the Executive Office for . The average salary for an Immigration Judge is $72,811 per Year in the United States. Individuals can sign up for a court watch training at bit.ly/courtwatch1. I didnt have to scare or browbeat people into my decisions, says Judge Marks. 950 Pennsylvania Avenue, NW 950 Pennsylvania Avenue NW. He is especially unsuited to hear cases involving survivors of torture applying for asylum and other forms of immigration relief. She and her lawyers declined to share more detailed information about her situation because she remains fearful of the gangs in Honduras. Judge Dalin Holyoak, who heard Gutierrezs case in San Francisco, orders deportation in 43 percent of cases. On Thursday, a coalition of 17 legal services and immigration. 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. Sandra Gutierrez joined her husband in California, where her case was heard by a San Francisco immigration court judge. People familiar with the system are well aware of the difference. Shes the GOAT of immigration judges! declares Francisco Ugarte, Manager of the Immigration Defense Unit of San Franciscos Public Defenders Office. Individuals and organizations are encouraged to sign on to a public letter (bit.ly/removeford or bit.ly/fueraford) making the same request of EOIR and the DOJ. The definition of a particular social group has been subject to conflicting interpretations in the courts, but in general, such a group comprises people who share basic beliefs or traits that cant or shouldnt have to be changed. Reuters Investigates offers several ways to securely contact our reporters, Before, no one wanted to say anything about the gangs, Gutierrez said. It was a magic zone, says Ugarte, in part because when she made a decision, she bridged the gap in a politically charged environment. Judge. 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. We bought a bus pass to go to Guatemala and from Guatemala to Mexico and to the U.S.-Mexico border, according to her court testimony. Posted November 10th, 2015. . 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. 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. The San Francisco Immigration Court fast-tracked cases of immigrants who weren't getting their mail. 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. 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. Mexicans and citizens from the Northern Triangle of Central America Honduras, Guatemala and El Salvador were the most likely to be turned down. 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. 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.". 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. The 43-year-old father of three from Mexico,who asked to remain anonymous for fear of retaliation, had already gone through three hours-long hearings for his application to obtain permanent residency. Additional reporting by Gustavo Palencia and Kristina Cooke, By Mica Rosenberg in Oakland, California, and Reade Levinson and Ryan McNeill in New York, with additional reporting by Gustavo Palencia in Tegucigalpa, Honduras, and Kristina Cooke in San Francisco, Photo editing: Steve McKinley and Barbara Adhiya, Edited by Sue Horton, Janet Roberts and John Blanton. Judge Halperin is a member of the Utah State Bar. Add Photos. There they piled with another group of migrants into an inflatable raft and crossed the Rio Grande, the border between Mexico and the United States. Were more productive if theyre comfortable, she says. Filing a complaint against the judge is something on the table, Olawale said. There is a fine line between judges taking a harshstance on immigration and their exhibiting unprofessional behaviors, saidPaul Schmidt, aformer immigration judge based in Arlington, Virginia, who retired in 2016. Devin OMalley, a Department of Justice spokesman, challenged the Reuters analysis, citing "numerous conflicting statements, miscalculations, and other data errors," but declined to elaborate further. Demonstrates unlawful and inappropriate manifestations of bias in the courtroom. 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. 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. After graduating law school at age 23, Judge Marks went into private practice at Simmons & Ungar. Robert S. Hough had the highest denial rate (92.2%), according to TRAC. She is known for her fierce advocacy for the court. 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. Do you know the people? 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. Decisions can be appealed to the Board of Immigration Appeals, an administrative body within the Department of Justice. Theres also an imbalance of power in the courtroom and the fear of retaliation. Hanrahan's last day as assistant chief immigration judge was May 7, capping a 14-month tenure as the top manager overseeing the 25 immigration judges and dozens of staff at the San Francisco court. Gutierrez contacted relatives who wired the money. WASHINGTON An immigration judge in the San Francisco court abruptly quit his post this week, issuing a scathing letter upon his retirement . Combined, the nine judges in Boston decided 3,196 cases over the time period. 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. The court used to have only three judges, all of whom have since left their posts. There, they applied for asylum. Attorney General William P. Barr appointed Jeremy J. Butler as an immigration judge in June 2020. 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. Yilun Cheng is a Report for America corps member andcovers immigration issues for the Dispatch. Oh, my goodness, says Donald Ungar, now retired, as he thinks back to his first impressions. Sep 2013 - Dec 20141 year 4 months. Many of the migrants, including Gutierrez and Ana, convinced initial interviewers that they had a credible fear of returning home, the first step in filing an asylum claim. Unaware of each others plight, both fled with their children, making the dangerous trek across Mexico. Knowing that providing legal advice to asylum seekers can make a difference, one El Paso nonprofit applied for and got two private grants to provide these services. 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. Cynthia M. Nunez, Immigration Judge, San Francisco Immigration Court Cynthia M. Nunez was appointed as an Immigration Judge to begin hearing cases in May 2022. Help us advocate for . The firm made a wise choice. About half the cases in the analysis were filed by asylum seekers like the two Honduran women. For example, courts ruled in favor of Chinese immigrants 75 percent of the time, the Reuters analysis found. 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. The Charlotte court was singled out for displaying a particular bias against Central American gang and gender-related asylum claims.. Immigration courts in California and the Pacific Northwest fall under the 9th U.S. Judge-by-Judge Asylum Decisions in Immigration Courts. They have more understanding of trauma survivors and the difficulty they might have in recounting certain details and little discrepancies, she said. Gutierrez hid for two months at her friends mothers house outside Tegucigalpa. I saw the denial coming after seeing everything that Judge Riley was doing. *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). Anas response to Couchs extensive questioning played a part in the decision. 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. Mattingly, the EOIR spokeswoman, said the agency held training sessions for judges to address the disparities in 2008 and 2009. Instead, they became targets. I love the Wild West aspect of it., National Association of Immigration Judges. Opinion by Judge Owens * The Honorable Morrison C. England, Jr., United States Senior District Judge for the Eastern District of California . One grant from Dallas-based Meadows Foundation includes $56,000 for legal services for incarcerated petitioners. SAN FRANCISCO (BCN) It did not take U.S. Immigration Judge Nicholas Ford long to stir up controversy in San Francisco. Washington, DC 20530-0001 Washington, DC 20530-0001. Most of themare former government attorneys, and five used to prosecute immigration cases on behalf of the Department of Homeland Security. Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. Hondurans enjoy no special considerations. OAKLAND, California The two Honduran women told nearly identical stories to the immigration courts: Fear for their lives and for the lives of their children drove them to seek asylum in the United States. He jokes he decided to hire her the minute she insisted on paying her own fare. 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.. Three led to oral counseling. Denial Rate. And then one day we went to lunch, and there they were.. That experience, the Reuters analysis found, makes them 23 percent more likely to order deportation. 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. . Judge Stuart Couch, who heard Anas case in Charlotte, orders immigrants deported 89 percent of the time, according to a Reuters analysis of more than 370,000 cases heard in all 58 U.S. immigration courts over the past 10 years. She made it more proactive, trying to affect the law. 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. To then have to stand by as a judge, a member of the same government these clients are seeking protection from, belittles and demonizes their every word, treats them as though they have no dignity, and fails to acknowledge their humanity, its too much. While unfair and antagonistic judges are nothing new to immigrants, Fords misconduct is part of a larger, documented effort by the Trump administration to politicize immigration courts and encourage biased decisions. It has also been politically charged, as immigration courts fall under the jurisdiction of theUS Department of Justice (DOJ), Executive Office for Immigration Review (EOIR). The October announcement explained that " [s]ince Jan. 20, 2017, the [Department of Justice] has increased EOIR's immigration judge corps from 306 to 520 adjudicators an increase of nearly 70 percent." The Honorable Merrick B. Garland The Honorable Lisa O. Monaco. 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. Youre hearing stories of trauma and torture all day long, says Carol King, also a retired immigration judge, and the judge must then make decisions about peoples futures. Circuit Court of Appeals because her lawyer confused the deadline. Two officials in uniforms picked them up. The previous president was a man, so we thought, We are women, they wont do anything to us. . I have nothing in Mexico. Shes funny and insightful, she says. Immigration Judge Nicholas Ford is terrorizing the San Francisco immigrant community. Within each court, cases are assigned to judges on a random, rotational basis. Michael Short / Special to The Chronicle 2019. Judge Monique Harris in Houston allows immigrants to stay in just four percent of cases. Knight Institute Calls on DOJ's Exe cutive Office for Immigration Review to Suspend Policy Silencing Immigration Judges, (Jan. 6, 2020), https: . My client was seriously mentally ill, there were a lot of complexities in his case. 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. A few years ago, when his case was reassigned to Riley, Juan heard from friends that the new judge was unusually harsh. Close to half the complaints were dismissed. There is no training on the 2017 calendar. Another 35% ended with additional counseling or training of the judge involved. Judge Marks says she was never bored. It then created a system for the public to file complaints against immigration judges. The courts facedand continue to grapple witha crisis of backlogged cases. Couch wrote in his opinion that Anas difficulty recounting the names of the women on the association board weighed against her credibility. . She remains active today as president emerita. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. 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. Nationality and filing a case with the right judge played a role in cases were asylum was granted, according to the data. Immigration judges, appointed by the U.S. attorney general, are not authorized to speak on the record about cases. How do I know this? She works as an office janitor and is taking English classes. The Trump administration filled the openings and expanded the size of the bench,appointing 10 judges who currently make up the court. Because there were no police here, (the gangs) did what they wanted," he said. And according to the Department of Homeland Security, most of those coming across the border without authorization since are from Mexico. She perseveres solely because she believes it is important to make a difference wherever you can.. People show up in our office (and) they have no idea why someone wants to kill them. Gail Montenegro, EOIRs Midwest regional public information officer, declined to comment on the allegations against Riley but said the agency has a well-established process for handling complaints against immigration judges. 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. As a result, credibility is really the key factor. But we have to address these bad judges.. 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. Riley and Owens havedenied 89% and 96% asylum cases they were in charge of, respectively, since their appointment a few years ago. 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. So far, it hasn't. Likewise, the Biden administration last month said it would seek a 21 percent increase to the budget for immigration courts, good enough to hire 100 new immigration judges to begin to ease the courts' massive backlog. The Biden administration could move to unwind that decision. Now they had come to deliver a message to Gutierrez. Hesaid he was nervous and exhausted when he stepped into the court on Oct.16, 2020, for his fourth hearing. 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