Attorneys say Cassidys behavior should not have been a secret to the Justice Department. 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.. All correspondence mentioning "Pereira" to or from James McHenry or Print Maggard. Please let me know when I can expect to receive a response, or if further clarification is needed. 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. Subject: FW: status inquiry by MuckRock FOIA#2018-37357. 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 woman asked how long he was. like this one. 161 0 obj <>stream The Justice Department has long lacked a strong system for reporting and responding to sexual harassment and misconduct. Additionally, the court may have to unexpectedly close due to inclement weather or another emergency. Holidays and Emergencies: The immigration court is open Monday to Friday except for federal holidays. The Chronicle's detailed policy governing the use of such sources, including the use of pseudonyms, is available on SFChronicle.com. The woman did not acknowledge the joke, though someone else in the court laughed. 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. Only then, she argues, should he support legislation making the courts independent. But that leaves Biden with a problem, they add: Does he reform the system to be independent of political influence, or does he use his political control over it to clean it up? Otherwise, those responsive records will be sent via the method agreed upon with the FOIA processor. Sophia Genovese, an immigration attorney, says it was common for immigration judges in Atlanta to make inappropriate remarks. Please see the agencys Public Health Noticefor more information. Maggard, Print: 86-47.7: Other courts (by base city): Arlington: Crosland, David W. 184-31.0: Churchill, Joan V. 257: 75.9-Malphrus, Garry D. 322: The Justice Department said that without a written complaint, it could not comment on the allegation. Consistent with public health officials guidance, EOIR has implemented practices to help to protect all people working in and visiting EOIR spaces throughout the country. 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 AILALink puts an entire immigration law library at your fingertips! EOIR is committed to ensuring fairness in all of the cases it adjudicates. 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. Among the infractions that brought only counseling: a judge who said of an immigrant, She has no value or has demonstrated no value or service to the community but for a sexual service., Another judge was only reprimanded for what a Justice Department document described as inappropriate comments regarding rape victims and premarital sex.. 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. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not. 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. Contact the Webmaster to submit comments. Copyright 1995-2017 American Immigration LLC, ILW.COM. The requested documents will be made available to the general public, and this request is not being made for commercial purposes. Individuals who do not comply with any relevant laws or policies may be denied access to or asked to leave the building or facility. Copyright 1993-document.write(new Date().getFullYear()) The department does not tolerate complaints whose sole purpose is to harass, threaten, intimidate, or retaliate against its adjudicators based on their rulings.. Subject: Freedom of Information Act Request: McHenry and Maggard Correspondence and Calendars on Pereira. Try our Advanced Search for more refined results. Its quite literally a Sophies choice that should never happen in the American legal system.. But at the end of the day, I know how far a complaint could take me. The National Association of Immigration Judges said it supports an overhaul of the departments complaint process. 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.. %%EOF 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. 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. There is no parking available in the John E. Moss Federal Building for the general public. As director, McHenry oversees the hiring process for the board. Judge Daugherty is a member of the Ohio Bar. Please remember this while choosing to enter an elevator. A copy of documents responsive to the request. In the early 2010s, a womans complaint about Grants behavior caught the attention of then-President Barack Obamas director of the immigration courts, who opened an investigation. U.S. In the moment, you just know that you have to stay calm, said Sophia Genovese, who has been an immigration attorney for three years and worked in the field of immigration policy for five. The bulk of complaints that were sustained were met with corrective actions, including training or counseling. Elevator wait times may be significantly longer than usual for this reason. The Justice Department has long lacked a strong system for reporting and responding to sexual harassment and misconduct. EOIR's immigration judges conduct administrative court proceedings in immigration courts located throughout the nation. Please see our Privacy Policy. AILA Doc. million verified professionals across 35 million companies. SF Chief IJ Print Maggard will be the acting chief IJ for EOIR until replacement for departing Chief OLeary is found. 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. AILAs Advocacy Action Center allows you to advocate for legislative and policy reforms consistent with AILAs principles and priorities. Window Filing Hours: 8 a.m. - 4:00 p.m. He basically said to me, Are you naturally a blonde maybe? Like, I dont get it because Im a blonde, not a brunette, said the attorney, who requested anonymity because she still practices before the Atlanta court and is concerned about the way sexual harassment victims are treated when they go public. From: Department of Justice, Executive Office for Immigration Review. The light rail train and buses stop on the 8th Street side of the building. American Immigration Lawyers Association. By Beth Winegarner (July 15, 2015, 7:25 PM EDT) -- Chief Immigration Judge Brian M. O'Leary is stepping down from his post after six years and will return to the bench in the Arlington Immigration Court, the U.S. Department of Justice announced Wednesday. Access to case data within articles (numbers, filings, courts, nature of suit, and more. The departments main objectives are to enforce the law and defend the interests of the U.S. according to the law; to ensure public safety against threats foreign and Find contact details for 700 million professionals. Official websites use .gov After the report was completed in November 2019, Maggard was demoted and reassigned to be an immigration judge in Sacramento. The changes take effect July 26.. Some of the appointments they have made up there have been some of the worst offenders.. For years, women working at the national headquarters of the immigration courts in Falls Church, Va., shared whispered warnings about Judge Edward R. Grant. See all files These records, covering 2008 to 2013, were made public by attorney Bryan Johnson and a coalition of immigration legal groups after they received them through a Freedom of Information Act lawsuit. After the report was completed in November 2019, Maggard was demoted and reassigned to be an immigration judge in Sacramento. 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.. 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. This is normally due to the referral being transferred to another agency (for example, EPA to Dept. It said the earlier complaints against Cassidy did not include allegations of harassment and showed no evidence he has engaged in serial misconduct.. 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. As the agency begins its search for a new chief immigration judge, Assistant Chief Immigration Judge Print Maggard will stand in, according to the DOJ. The confirmation came in a reply to immigration attorney Matthew Hoppocks request. RjK {02]s)c\P+P`7_pac ;a PE. Please review only once unless you have a new experience with this judge. In that moment, am I thinking that I might be perpetuating sexism in the system? It is not a system designed to protect complainants. Try our Advanced Search for more refined results. OFFICE OF THE CHIEF IMMIGRATION JUDGE . The 11 new judges, who were appointed by Attorney General Jeff . The judge ruled in her favor. The leading immigration law publisher - over 50000 pages of free information! Kopan has received other recognition from the California News Publishers Association, Atlanta Press Club, National Press Foundation, the National Academy of Television Arts and Sciences. 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 Many e-mail messages are redacted in part with the text "not a responsive record." That lewd expression refers to a womans pubic area. The request was for the entirety of each message that mentioned the word "Pereira." And when such behavior has come to its attention, the department has in some instances simply transferred the offenders elsewhere. Secure .gov websites use HTTPS The attorney general alone holds the power to fire immigration judges. News: The Department of Labor Publishes Final Rule Revising the Methodology Used to Determine the Adverse Effect Wage Rates for Non-Range Occupations in the H-2A Program, News: CRS Report on Constitutional Authority Statements: A Quick Guide, News: CRS Report on COVID-Related Travel Restrictions on Arriving Vaccinated and Unvaccinated Foreign Nationals with Valid Documents, News: CRS Report on Regulating Federal Law Enforcement: Considerations for Congress, News: USCIS Issues Clarifying Guidance for Individuals Authorized to Work Under Special Student Relief Provisions, News: DHS and DOJ Propose Rule to Incentivize Lawful Migration Processes. Without an independent court, said Mendez, the Catholic Legal Immigration Network advocate, there will never be accountability. Cassidy is frequently a target of ad hominem attacks, threats, and unsubstantiated accusations by commenters and advocacy organizations who simply disagree with the merits of his decisions, spokesperson Kathryn Mattingly said in a statement. AILA.org should not be relied upon as the exclusive source for your legal research. She added that the court system explicitly forbids retaliation.. 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. Grant did not respond to requests for comment. 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. Sexual harassment has been a recurring problem in the Justice Department itself. ( Its a problem that Bidens administration has inherited. 15071511 | Dated July 15, 2015 | File Size: 467 K. EOIR announcement that Brian M. OLeary is returning to the Arlington Immigration Court as an immigration judge. EOIR announcement that Brian M. O'Leary is returning to the Arlington Immigration Court as an immigration judge. Oh, men never answer that question, Cassidy said. Kopan started her journalism career in Chicago newsrooms, where she supported local coverage on a variety of fronts, including politics, crime, sports and weather. ]], [This functionality does not work on your device. Five led to counseling by Cassidys bosses on how he should conduct himself. Phones and electronic devices must be silenced in the court lobby. Data for the latter two years was posted online after The Chronicle inquired why reporting had stopped after 2018. Search the AILALink database for all your practice needsstatutes, regs, case law, agency guidance, publications, and more. You have to know whats happening with clients, competitors, practice areas, and industries. He also warned attorneys not to make baseless complaints designed to harass, threaten, intimidate, or retaliate against judges. ), Create custom alerts for specific article and case topics and, I took a free trial but didn't get a verification email. The department said all hiring for immigration courts and the Board of Immigration Appeals follows an open, merit-based process. The agency will soon begin recruiting a new Chief Immigration Judge. Its my hope that this hearing will be a first step toward negotiating a bipartisan, workable solution to what is really a crisis in our immigration courts., In her statement, Marks of the National Association of Immigration Judges called an independent court system the only sustainable solution to check against the politics that has plagued the immigration courts over the years.. 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. She said the situation improved in recent years as more supervising judges were placed in the regions they oversee. Remember that the immigration court may limit entry. Other judges may have been fired, but the department does not separate firings from retirements or resignations in its data. As Cassidy stood over her, the woman said, the judge added, Are you basically telling me that the carpet doesnt match the drapes?. Pursuant to the Freedom of Information Act, I hereby request the following records: 1. Building Access and Security Screening Process: All visitors to the John E. Moss Federal Building must undergo a security screening in the building lobby area. Presenting information from an anonymous source occurs extremely rarely, and only when that information is considered crucially important and all other on-the-record options have been exhausted. 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. 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. My assistant chief immigration judge once told me, You would have to murder someone, with an ax, with your robe on and nothing on underneath, in court to get disciplined, Slavin said. Washington, DC 20005. 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. 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. immigration judge grants denials burgess, abraham l. 0 1 burke, david 43 157 burkhart, margaret d. 9 12 burman, lawrence o. 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. Please allow for additional time to go through the security screening process. Visitors must not bring any cameras, video or recording equipment. Learn how to tackle challenges like finding and retaining affordable staff, working better in a hybrid or remote environment, when and how to raise fees, and much more. 650 Capitol Mall, Suite 4-200 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. An analysis of those records by Mendezs group, the Catholic Legal Immigration Network, showed only a handful of instances in which judges were suspended. Truslow, who said it was her first hearing on the job, was furious. 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. And if someone says, No, no, you have to identify it, and you cannot, they say, Well, it doesnt exist., Atlanta immigration attorney Hiba Ghalib says of a judges comments: There was never anything so direct that it was anything I could file a complaint on it was just uncomfortable and annoying., Hiba Ghalib, an attorney who practices in Atlanta, said of Cassidys behavior: There was never anything so direct that it was anything I could file a complaint on it was just uncomfortable and annoying. Email: tal.kopan@sfchronicle.com Twitter: @talkopan. Please do not bring people with you into EOIR space unless they are required to be present for your hearing. In the Atlanta immigration courthouse, attorneys were dismayed when the Trump administration promoted Judge William Cassidy in 2019 to serve on the Board of Immigration Appeals. Judge Daugherty also has provided legal services in a number of other positions within the Marine Corps and has served as an assistant county prosecutor. A Freedom of Information Act request made public by Johnson revealed they grew close enough that they corresponded personally years later, with Cassidy wishing McHenry a happy Christmas and Easter in emails in 2018 and 2019, the year former Attorney General William Barr named Cassidy to the Board of Immigration Appeals. Your honest review allows judges to receive an assessment of their work, and to hopefully make adjustments so that at the end of the day, we have a more uniform application of the laws and regulations, with fairness, courtesy and compassion in all our immigration courts across the United States. Any materials or objects of any kind that could be used as a weapon are prohibited. Rate Your Immigration Judge is an important source of information for other immigrants and their attorneys, but also for the immigration judges. Any records referencing phone conferences regarding the Supreme Court's decision in Pereira v. . Thank you,-----------------------------------------Initial Request StaffOffice of Information PolicyU.S. 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 The U.S. Department of Justice is the department responsible for the enforcement of the law and administration of justice in the U.S. 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. Security officers may inspect electronic equipment and conduct additional screening if deemed necessary or instructed to do so by the court. Judge Daugherty received a Bachelor of Science degree in 1984 from Defiance College and a Juris Doctor in 1987 from the University of Toledo, College of Law. Please take note of the information below and be prepared to follow these and any additional instructions provided to you when you arrive for your hearing. Slavin said Bidens first priority should be hiring new judges to deal with a backlog of cases and to counterbalance Trumps hundreds of hires who she said favor deportation, and that he should rescind many of the Trump administrations immigration policy changes. You can have a judge that has three or four complaints against them, and action is being taken, but if no one knows, the judge can hide it and no one knows the complaints are doing anything. Cassidy said he weighed just 3 pounds at birth. 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. Anonymous sources: The Chronicle strives to attribute all information we report to credible, reliable, identifiable sources. H\ d100Ag 126 34 calcador, kerri 26 39 . endstream endobj startxref 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. Please see Google Maps for a map and directions to the immigration court. A joint initiative between the American Immigration Council and AILA seeks to change the playing field for immigrants facing deportation. She said the agency takes allegations of misconduct seriously and that anyone with a valid complaint should file it. In those roles, he appeared in numerous cases before Cassidy. The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice. 5107 Leesburg Pike, Suite 1800 Print Maggard was appointed as an ACIJ in January 2012. WASHINGTON One judge made a joke about genitalia during a court proceeding and was later promoted. 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. All Rights Reserved, Review and comment based on your own experience. 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. 9-26-18_MR56736_RES-C_IDFOIA-2018-39532.pdf, Subject: Your FOIA Request DOJ-2018-008786 (AG). 8YXADK#UwGhJ:"wO ]2)!L( OE-? g4,3idh0qnjS?0 eC7b8,VE5/&LQb:aS]L/`/uss;[ z=>5ZU\yaJesz|{b:&9]W7EaW?jQ-jQzzyTf]7OF9/.j>,53)=7uG\>M}_=rz=Uk>$M[-1 rbJisgHflgo Pr)v!A`>H9)!\5F 12|l6IWjcbe+39=)|OB|>569n;`uW#v4$D=((q -niYtBhTh j/ iK26>lf@p~Jm32Vx{=.{ 8W The immigration court has put into place procedures to implement the guidance of public health officials. 3. But investigators wrote in the full report that they substantiated such allegations against Maggard and other supervisors. Democrats and many of the groups that represent immigration attorneys and judges have argued that the courts should be removed from the Justice Department and reimagined as a stand-alone court system, resembling systems like the bankruptcy courts. As the woman sniffled audibly, Cassidy told her he had bonded with her over the story, as he also was born prematurely. Print Maggard Immigration Judge at U.S. Department of Justice, Executive Office for Immigration Review San Francisco Bay Area 506 followers 500 connections Join to view profile U.S.. Maggard did not respond to requests for comment. The department did not take away Grants responsibilities or six-figure salary. And yes, objectively, I know its a sexist comment, and also its just so commonplace with immigration judges to make inappropriate comments like this and theres just no accountability for it.. Share sensitive information only on official, secure websites. S;yNm!>C5dRj'@>qTBz/l}QyE]m)N}-UB3PUYYP'dd}*;D<36k1/1st:_ *P The complaints are not made public. The department said it could not comment on the incidents raised to The Chronicle because the attorneys involved did not file complaints. In the legal profession, information is the key to success. FALLS CHURCH, VA - The Executive Office for Immigration Review (EOIR) today announced the investiture of two immigration judges. The recording was provided to The Chronicle by the womans attorney, Genovese, who was practicing in Atlanta with the Southern Poverty Law Center. ) is an important source of information for other immigrants and their attorneys, also. Of the cases it adjudicates please do not comply with any relevant laws policies. 'S detailed policy governing the use of such sources, including training or counseling be in... With any relevant laws or policies may be significantly longer than usual for reason... 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