Sometimes after a court date, I would be so down that I would just say, Forget it, I should just leave.". In the fall of 2020, Juan had trouble falling asleep whenever he thought about his upcoming court appearance in Cleveland, where the only immigration court in Ohio is located. With Riley, it felt like she just wanted me out. After hearing Anas case, Couch concluded in his written opinion that Ana was not eligible for asylum because she had not demonstrated a well-founded fear of future persecution on account of a statutorily protected ground. He wasnt convinced that she risked persecution in Honduras because of her political opinion. The year before, according to police records in Honduras, gang members killed a school security guard. The third pointed a gun at Anas head. She arrived at the Artesia detention center just weeks after Gutierrez. They have more understanding of trauma survivors and the difficulty they might have in recounting certain details and little discrepancies, she said. 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. She was so good to him. This was something Judge Marks had learned from her experience with her own clients. The advocates testified that, while asylum is granted in nearly half of cases nationwide, Charlotte judges granted asylum in just 13 percent of cases in 2015. By the time she retired fromSan Franciscos Immigration Courton December 31, 2021, Judge Dana Leigh Marks* had built an inspiring reputation as a leader, mentor, and advocate. Copyright 2023 Nexstar Media Inc. All rights reserved. Additionally, the coalition is calling on the community to help hold San Francisco Immigration Court accountable. Jan. 27, 2020 4 AM PT HOUSTON Immigration Judge Charles Honeyman was nearing retirement, but he vowed not to leave while Donald Trump was president and risk being replaced by an ideologue. Im not judging whether you employed illegals. . But I hope someone can help us.. Sep 2013 - Dec 20141 year 4 months. Having legal representation increases the chances of winning an asylum case five-fold, said Melissa M. Lopez, executive director of the El Paso-based nonprofit. Ana moved with her daughter to live with her daughters father and petitioned to have her case moved to Charlotte. WASHINGTON An immigration judge in the San Francisco court abruptly quit his post this week, issuing a scathing letter upon his retirement . She joined another woman and, with their children, they set out to cross Mexico. She has a law degree from Tulane Law School. 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. A 1996 law expanded the definition of political refugees to include people who are forced to abort a child or undergo sterilization, allowing Chinese women to claim persecution under Beijings coercive birth-control policies. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Antiterrorism and Effective Death Penalty Act (AEDPA). She is known for her fierce advocacy for the court. Couch is the toughest of Charlottes three immigration judges, according to the Reuters analysis. Gutierrez contacted relatives who wired the money. Unaware of each others plight, both fled with their children, making the dangerous trek across Mexico. 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." My client was seriously mentally ill, there were a lot of complexities in his case. Last February, a 50-year-old woman and her 29-year-old son who were selling food at the school Gutierrez and Anas children attended were kidnapped from their home and decapitated, according to police records. Lack of legal counsel handicaps asylum seekers, but judges also biased against migrants of color, advocates say. Further, Knox said, asylum seekers arent thinking about the finer points of U.S. asylum law when they are fleeing persecution. Shes funny and insightful, she says. Former immigration judge Rebecca Jamil in Fremont, California, on Dec. 28, 2018. 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. She helped create an inspiring model for how courtscanbe, says Ugarte, and Judge Webber states, simply, She inspires people all the time., While she has had some limelight in her career, the vast majority of her work has been thankless, says Judge King. ; On June 24, 2020 we collaborated with NLG-Los Angeles, National Immigration Project of the NLG, and the NLG National Office to provide a CLE on 'Fighting for the Release of Detained . The schools principal, who asked that he and the school not be identified out of fear of retaliation, worked with the board. Two rival gangs the Barrio 18 and the Mara Salvatrucha, also known as MS-13 were operating brazenly in the neighborhood. A Honduran migrant wears a sanitary mask while waiting in line to plead . 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. 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. Ana testified in her asylum hearing that she knew they were gang members because they were dressed in baggy clothing and they also had ugly tattoos all over their bodies and faces., Ana and her daughter ran home and then, fearing the gang would come after them, fled out the back door. She is known for her compassion and fairmindedness. Circuit Court of Appeals on Tuesday blasted its immigration. By the time she retired from San Francisco's Immigration Court on December 31, 2021, Judge Dana Leigh Marks* had built an inspiring reputation as a leader, mentor, and advocate. Decisions can be appealed to the Board of Immigration Appeals, an administrative body within the Department of Justice. In May2021, the Ohio chapter of theAmerican Immigration Lawyers Association submitted a group complaint against Riley to the Executive Office for Immigration Review (EOIR), an agency within the Department of Justice that oversees immigration courts. Scott Bratton, president of AILA-Ohio, did not wish to comment on the complaint. I saw the denial coming after seeing everything that Judge Riley was doing. For example, courts ruled in favor of Chinese immigrants 75 percent of the time, the Reuters analysis found. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. 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. 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. 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 Monique Harris in Houston allows immigrants to stay in just four percent of cases. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. Reviews Deals In the 1980s, AILA (, ) was very stodgy, a reactive organization, Judge Webber says. Shuting Chen was appointed as an Immigration Judge to begin hearing cases in October 2022. 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. Unlike federal court judges, whose authority stems from the U.S. Constitutions establishment of an independent judicial branch, immigration judges fall under the executive branch and thus are hired, and can be fired, by the attorney general. In a 2016 report, the GAO found that little had changed. They had early success, he said, when they persuaded police to provide officers to guard the school. Juans case was initially assigned to Judge Thomas Janas, an immigration judge in Cleveland who has since retired. Hon. The journey took three weeks. In October 2020, when he received a notice from the Cleveland Immigration Court that the asylum case of one ofhis clientswas denied, he was disturbed by the language that Judge Jonathan Owens used in the decision. Men are more likely than women to order deportation, as are judges who have worked as ICE prosecutors. 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. (Neither Holyoak nor Couch worked as an ICE prosecutor, according to their EOIR biographies. They must convince the court that they have well-founded fears of persecution in their country because of their race, religion, nationality, political opinions or membership in a particular social group. Having come from a country with one of the highest murder rates in the world may have helped establish credible fear. But the two women were already at a disadvantage precisely because they came from Honduras. Who is Judge Marks, and how did she positively influence and impact so many lives? 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. The longer a judge has been serving, the more likely that judge is to grant asylum. The most common payscale is General Schedule. 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.. The kidnappers released her and her two sons near the U.S. border. From there, cases can be appealed to federal appeals court. 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. Immigration Judge Nicholas Ford is terrorizing the San Francisco immigrant community. Groups like the Southern Poverty Law Center allege the Attorney Generals Office has weaponized the nations asylum courts against immigrants of color. 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. 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. She helped start that trajectory, says Shugall. They were elected in 2013 to the board of the parent-teacher association at their children's school in the Honduran capital, Tegucigalpa. Immigration judges, appointed by the U.S. attorney general, are not authorized to speak on the record about cases. I think about the hundreds of thousands of immigrants across the country who have been wronged by the misconducts of Trump-appointed judges, she said. 2020-03-20T04:49:42Z On December 18, 2020, the EOIR announced the investiture of an additional 14 immigration judges. She quickly packed some backpacks for her and her children and called the only friend she knew who had a car. One grant from Dallas-based Meadows Foundation includes $56,000 for legal services for incarcerated petitioners. This material may not be published, broadcast, rewritten, or redistributed. The new lawyers argued that her previous representation had been ineffective. 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. Hon. 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. Volunteer lawyers helped the women prepare and submit their applications for asylum. She made it more proactive, trying to affect the law. This years 71.6% denial rate excludes those who didnt win asylum but were granted a stay of removal, otherwise itd be even higher. The clients loved her, says Ungar. But multiple attorneys familiar with the matter said no one received clear information from EOIR on the investigation outcome, as is often the case with these complaints. I vowed to be my authentic sense of self. Retired Immigration Judge Polly Webber, saw an aspirational role model. She explains things well. Judge Butler earned a Bachelor of Arts in 2003 from Cornell College and a Juris . The count of deportations included cases in which judges allowed immigrants to leave the country voluntarily. As the sole breadwinner in his family, he said his wife and kids would suffer emotionally and financially if he were deported. The courts facedand continue to grapple witha crisis of backlogged cases. The situation in our country is getting worse and worse.. 0% San Francisco; 0% Denver; 0% Dallas, TX; 0% Boston; 0% Los Angeles; 0% Atlanta; Salary Ranges for Immigration Judges. SAS Output. The average annual salary for Immigration Judges in the US is $121,299. By MICA ROSENBERG, READE LEVINSON and RYAN McNEILL. No one isanillegal in this country. 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 SAN FRANCISCO Rebecca Jamil was sitting in a nondescript hotel ballroom in suburban Virginia when she realized that her dream job being an immigration judge was no longer tenable. Judge Marks faced daunting challenges during her tenure. Immigration judges in New York and San Francisco stayed home from work Tuesday, and their union announced a judge in Denver had COVID-19 symptoms and an Atlanta attorney tested positive. By clearing low-priority cases, the American Immigration Lawyers Association estimates this would include at least 700,000 low-priority cases, equaling about 40 percent of the backlog. 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.. Cases are assigned to an immigration court based on where the immigrant lives. She was always there for me, emotionally and intellectually.. Updated 10:55 AM EDT, Wed July 1, 2020 Link Copied! Of course, other factors influence outcomes in immigration court. 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. In Charlotte, immigrants are ordered deported in 84 percent of cases, more than twice the rate in San Francisco, where 36 percent of cases end in deportation. Well-established law recognizes family as a protected social group, according to the Center for Gender & Refugee Studies. The information is gathered by experienced and trusted Nexstar Media Group journalists hired specifically to cover the border. 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. Help us advocate for . The Transactional Records Access Clearinghouse, a research organization at Syracuse University in New York, first sounded the alarmabout disparities in immigration court decisions in 2006. Within each court, cases are assigned to judges on a random, rotational basis. Asylum applicants cannot gain legal U.S. residency because they fled their countries in mortal fear of civil strife or rampant crime or a natural disaster. The courts facedand continue to grapple witha crisis of backlogged cases. 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. Becoming involved with and leading theNational Association of Immigration Judges(NAIJ) was a natural extension of her skills and influence. Constanza Hevia H. / Special to The Chronicle 2020 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. In Mexico, she hired a coyote a smuggler to help them cross into the United States and then turned herself in to Border Patrol agents near Hidalgo. [ 72 FR 53677 , Sept. 20, 2007, as amended at 79 FR 39956 , July 11, 2014; 85 FR 81655 , 81750, Dec. 16, 2020] Sixty-one percent of all complaints closed in the fiscal year 2020 ended up being dismissed. The Biden administration could move to unwind that decision. 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. Lisa Knox, the lawyer who represented Gutierrez, said judges where she practices tend to give applicants the benefit of the doubt. Shortly after, he applied for an immigration benefit called cancellation of removal to adjust his status, arguing that his removal would cause hardship to his three U.S. citizen children, aged 12, 15 and 16. Because there is no TurboTax for immigration law.. 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. 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. And whether the individual fleeing gang violence in San Pedro Sula or official oppression in Venezuela had legal representation also made a big difference in the outcome of his or her case, according to research from the Transactional Records Access Clearinghouse at Syracuse University. 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. The Honorable Merrick B. Garland The Honorable Lisa O. Monaco. Anas response to Couchs extensive questioning played a part in the decision. Every story is individual, she says, and every person deserves to be heard. 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. Judge Mabry is a member of the State Bar of Arizona and State Bar of New Mexico. Decisions. Administrative Law Judges Effective January 2021 . 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. 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 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., When that does happen, it certainly will be part of her legacy, but just one part of a stellar career. 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. Both were taken into custody near Hidalgo, Texas, and ended up finding each other in the same U.S. Immigration and Customs Enforcement (ICE) detention center in Artesia, New Mexico. 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. Visit theBorderReport.com homepagefor the latest exclusive stories and breaking news about issues along the United States-Mexico border. They hoped that mothers working together could oust the violent gangs that plagued the campus. 950 Pennsylvania Avenue, NW 950 Pennsylvania Avenue NW. From 2015 to 2022, she was the Associate In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus of immigration judges. Juans application for cancellation of removal was denied in November 2020. The rest were requests for cancellation of deportation orders or other adjustments to immigration status. 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