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This is normally due to the consultation being transferred to another agency (for example, EPA to Dept. Law360 may contact you in your professional capacity with information about our other products, services and events that we believe may be of interest.Youll be able to update your communication preferences via the unsubscribe link provided within our communications.We take your privacy seriously. An immigration judge might retaliate against the advocate by punishing her clients and these are people fleeing persecution, rape and even death, Mendez said. No, Im thinking I just need to get through this., She added, If all you have to do is force a smile so that your client is not deported, the answer is obvious what practitioners are going to do.. Biden has proposed legislation that would expand training for judges and give them more discretion to grant protections to immigrants. Interviews with dozens of attorneys across the country and current and former government officials, as well as internal documents obtained by The Chronicle, show the problems have festered for years. She said the Trump administration further chilled those who would complain about judges behavior with its choices of which judges to promote. Denise Slavin, who served as an immigration judge from 1995 to 2019, is president emerita of the union that represents immigration judges and still advises the organization. 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. The changes take effect July 26.. Share sensitive information only on official, secure websites. In another instance, an attorney told The Chronicle she was reviewing a case file in the court offices when Cassidy walked up and began chatting with her. 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. It is an ever-present buzz. These new immigration judges, along with their 19 colleagues who were invested in June, strengthen our immigration judge corps and will help our agency work towards decreasing our current backlog of more than 450,000 pending cases., Daniel J. Daugherty, Immigration Judge, Las Vegas Immigration Court. 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. See all files In one instance, captured on courtroom audio, Cassidy had just granted relief from deportation in 2019 to a green card holder from Germany. Robert Print Maggard's 2021 pay is 22% higher than the average General Attorney across all agencies. The complaints are not made public. H\ d100Ag Special Work Opportunity - New Immigration Judge Training - September 22, 2017 Deadline.pdf. endstream endobj 134 0 obj <>/Metadata 13 0 R/PageLayout/OneColumn/Pages 131 0 R/StructTreeRoot 17 0 R/Type/Catalog>> endobj 135 0 obj <>/ExtGState<>/Font<>/XObject<>>>/Rotate 0/StructParents 0/Type/Page>> endobj 136 0 obj <>stream The National Association of Immigration Judges said it supports an overhaul of the departments complaint process. See all files. If you have an account in FOIAonline, you may access those records by . Otherwise, those responsive records will be sent via the method agreed upon with the FOIA processor. Visitors will pass through a metal detector machine and are subject to additional screening if deemed necessary. Additional details for this referral are as follows: * Old Tracking Number: DOJ-2018-007915 * New Tracking Number: DOJ-2018-007915 * Requester Name: Matthew Hoppock * Date Submitted: 08/29/2018 * Long Description: foia referral EOIR. Judge Simpson received a Bachelor of Arts degree in 1995 from Wabash College and a Juris Doctor in 1998 from Seton Hall University. H|TQo0~W= cTUjVjRHPv~wp||g>9Y7uQpr}Qn{XE-FY+ J8-LXm+.:r)vhPA];H,X#ABWu0(%(@iDc0m? In the response regarding the board member that The Chronicle identified as Grant, the departments Freedom of Information Act counsel confirmed that one complaint of misbehavior resulted in the Board member being banned from entering into the building. The counsels office refused to share the original claim against Grant or the disciplinary letter with Hoppock, citing the individuals privacy protections. She said the situation improved in recent years as more supervising judges were placed in the regions they oversee. hb```l|aB o~a UjB X HRHx6J;-rq# `u3p/d 148 0 obj <>/Filter/FlateDecode/ID[<3549AA37C8F46F47AE7517178E7B1A60>]/Index[133 29]/Info 132 0 R/Length 79/Prev 39710/Root 134 0 R/Size 162/Type/XRef/W[1 2 1]>>stream In those roles, he appeared in numerous cases before Cassidy. He and his colleagues are the next-to-last hope for immigrants. Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE) are part of the Department of Homeland Security (DHS) and are therefore separate from the Executive Office for Immigration Review (EOIR). Official websites use .gov Six of the 11 complaints resulted in no consequences, either because managers couldnt substantiate the allegations after reviewing the record or the issues raised were matters to be decided in the appeals process. ), Create custom alerts for specific article and case topics and, I took a free trial but didn't get a verification email. Judge Maggard received a . I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not. It said substantiated allegations will be treated seriously and consistently result in formal discipline up to dismissal.. The attorney general alone holds the power to fire immigration judges. All times are GMT-5. None complained in writing to the Justice Department, saying they feared it would result only in the judge being angry at them and taking that anger out on their clients. A copy of documents responsive to the request. Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE), ICE Enforcement and Removal Operations Field Office, EOIRs Programs to Fight Fraud, Abuse, and Ineffective Representation in Immigration Proceedings. Hoppock, who practices in Kansas City, Mo., frequently files requests for information from immigration agencies, which he then makes public. He was demoted and transferred to a courtroom in Sacramento. Immigration Court Backlog and Reprioritization, AILAs Immigration Law Practice & Procedure Manual, EOIR Announces that Chief Immigration Judge Is Stepping Down. But investigators wrote in the full report that they substantiated such allegations against Maggard and other supervisors. You had assigned it reference number #2018-37357. Sign up for a free account. immigration judge grants denials burgess, abraham l. 0 1 burke, david 43 157 burkhart, margaret d. 9 12 burman, lawrence o. The time to act is really now. 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. Sexual harassment cannot be tolerated or condoned in our nations immigration courts, said the groups executive vice president and president emeritus, Judge Dana Leigh Marks, who works in the San Francisco immigration court. AILA Doc. The agency will soon begin recruiting a new Chief 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.. No. A joint initiative between the American Immigration Council and AILA seeks to change the playing field for immigrants facing deportation. About the Court | Contact the Court | Public Health | Immigration Court Procedures | Helpful Links, Internet-Based Hearings Access Information. Another complaint alleging violations of immigrants rights by Cassidy and other Atlanta judges was filed in 2018 and made public by the Southern Poverty Law Center, which advocates for immigrants and civil rights. She joined the newsroom in 2018 after covering D.C. politics, immigration policy, justice and national security, cybersecurity and other hot-button issues for CNN Politics and Politico. 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. 2. It never really got me anywhere, and it created enemies.. Email: tal.kopan@sfchronicle.com Twitter: @talkopan. A 2018 memo by then-Deputy Attorney General Rod Rosenstein in response to that report defines sexual harassment as conduct including unwelcome advances or other behavior that creates an intimidating, hostile, or offensive work environment. That includes telling sexually oriented jokes and making sexually offensive remarks., The memo said the term sexual misconduct includes on- and off-duty behavior. Security officers may inspect electronic equipment and conduct additional screening if deemed necessary or instructed to do so by the court. Washington, DC 20005. He improperly provided sample questions to a job candidate in advance of the persons interview and escorted a friend to another interview, an impermissible boost to her job application, investigators said. The actions did not constitute sexual harassment under Justice Department policy, the report said, because the subjects of the comments were unaware of them and the policy requires that the conduct be unwelcome. Maggard was joking with willing colleagues, the report said. Under delegated authority from the Attorney General, immigration judges and the Board of Immigration Appeals interpret and adjudicate immigration cases according to United States immigration laws. The agency will soon begin recruiting a new Chief Immigration Judge. FALLS CHURCH, VA - The Executive Office for Immigration Review (EOIR) today announced the investiture of two immigration judges. Judge Daugherty is a member of the Ohio Bar. Please use the download button to access the PDF. Attached is this Office's response to the above-referenced request. If they lose before the board, their only hope of avoiding deportation is a long-shot case in federal appellate courts. The Chronicle found examples across the country of judges who have made sexual jokes or who habitually made attorneys or staff uncomfortable in the courtroom. There is no parking available in the John E. Moss Federal Building for the general public. McCloskey did not respond to requests for comment. The agency expects parties and stakeholders to raise legitimate concerns about conduct, rather than simply make ad hominem attacks against adjudicators or express disagreement with the outcome of a particular case, McHenry wrote. A 2017 inspector generals report that detailed the departments mishandling of sexual harassment in the civil division, a separate division of the agency, prompted a new set of agencywide policies and definitions on harassment and misconduct. As Cassidy stood over her, the woman said, the judge added, Are you basically telling me that the carpet doesnt match the drapes?. The judges behavior appears to violate the departments conduct policies and raises questions about the immigration courts ability to function fairly. The bulk of complaints that were sustained were met with corrective actions, including training or counseling. Acting Chief Immigration Judge Print Maggard presided over the investiture during a ceremony held Nov. 6, 2015, at the U.S. Court of Appeals for the Armed Forces in Washington D.C. After a thorough application process, then-Attorney General Eric H. Holder Jr. appointed Daniel J. Daugherty to his new position, and Attorney General Loretta E. Lynch appointed Jonathan S. Simpson to his new position. Thanks for your help, and let me know if further clarification is needed. An official website of the United States government. But The Chronicles reporting showed little sign of improvement in practice. The George Washington University Law School, University of the Pacific - McGeorge School of Law, {{ userNotificationState.getAlertCount('bell') }}. You know if you do anything to piss him off, thats going to ruin your reputation in his eyes. 102 Petty France, London, Greater London SW1H 9AJ, GB, View It called the current system difficult to use for complainants and judges alike. 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. Attorneys who have been the victims of harassment say they fear that if they try to hold judges accountable, they risk severe consequences, not only for themselves but for vulnerable clients. ], American Immigration Lawyers Association Search over 700 The Office of the Chief Immigration Judge (OCIJ) is headed by the Chief Immigration . However, the documents from 2008 to 2013 revealed through the Freedom of Information Act request show a process in which many complaints are given only cursory investigation by the supervising managers, and in which consequences are usually limited to verbal counseling. Maggard was a supervisor from 2012 to 2019, mostly based in San Francisco, and for a year during the Obama administration was acting chief of all immigration judges, working in the headquarters building in Falls Church. Judge Print also served as an Immigration Judge at the San Francisco Immigration Court from May 2009 to December 2011. 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). Be prepared have a mask available. I dont want my daughter to grow up to become a professional and still have to suffer that kind of thing in this environment, Truslow said. Password (at least 8 characters required). I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on June 24, 2018. Remember that the immigration court may limit entry. This page was generated at 07:58 AM. All correspondence mentioning "Pereira" to or from James McHenry or Print Maggard. Similar Profiles. But sources familiar with the situation confirmed it was Grant and that the complaint involved sexual harassment. From July 2006 . Law360 provides the intelligence you need to remain an expert and beat the competition. For more information about those DHS offices, please see the following links: News Media/Congressional Inquiries: News media and congressional inquiries regarding the immigration court must be directed to the EOIR Communications and Legislative Affairs Division (CLAD): Communications and Legislative Affairs Division Attorneys say Cassidys behavior should not have been a secret to the Justice Department. (business & personal). 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