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. Posted November 10th, 2015. The murders, like more than 93 percent of crimes in Honduras, remain unsolved. 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.. They were eventually transferred to the ICE detention center in Artesia. She made it more proactive, trying to affect the law. All of the new immigration judges discussed in this post were selected by former Acting Attorney General Matthew Whitaker. Immigration court doesnt have contempt, so I had to use charm, she says. Dana Marks, president of the National Association of Immigration Judges, said each case is like a 1,000 piece puzzle. While two cases might look identical on the surface, she said, each judge has to weigh the nuances of immigration law to allow someone to stay in the country, which could lead to different outcomes. 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. 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. The majority come from government. 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. James Roder, the court administrator at the Cleveland Immigration Court, declined to offer a response. She helped start that trajectory, says Shugall. Juan expected from experience that he wouldonce againface a series of aggressive questionsfrom Judge Teresa Riley, whose intimidating style almost made him give up on his case altogether, he said. 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. Hondurans enjoy no special considerations. The administration of President Donald Trump is continuing the effort. Rate This Judge / Califica a Este Juez. Gutierrez moved with her boys to Oakland, California, to join her husband, and petitioned to have her case moved to San Francisco. Two officials in uniforms picked them up. REUTERS/Ross D. Franklin/Pool/File Photo. 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. Theres a lack of transparency and we dont know if theres any outcome from this complaint, said Julie Nemecek, a Columbus-based attorney who represents Juan. They have more understanding of trauma survivors and the difficulty they might have in recounting certain details and little discrepancies, she said. Hon. Of course, other factors influence outcomes in immigration court. 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. Sandra Gutierrez joined her husband in California, where her case was heard by a San Francisco immigration court judge. 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. 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. The schools principal, who asked that he and the school not be identified out of fear of retaliation, worked with the board. The longer a judge has been serving, the more likely that judge is to grant asylum. The findings underscore what academics and government watchdogs have long complained about U.S. immigration courts: Differences among judges and courts can render the system unfair and even inhumane. In a 2016 report, the GAO found that little had changed. Judge Halperin is a member of the Utah State Bar. Ana, 31, has had a baby since arriving in the United States and has been granted work authorization while she awaits a final decision on her case. These are people were dealing with, says Judge Stockton, people who are nervous, if not terrified, and Judge Marks has a gift for helping them feel more at ease in the courtroom. One grant from Dallas-based Meadows Foundation includes $56,000 for legal services for incarcerated petitioners. She arrived at the Artesia detention center just weeks after Gutierrez. For example, U.S. government policy is more lenient toward people from some countries, less so for others. More than 300 judges are spread among 58 U.S. immigration courts in 27 states, Puerto Rico and the Northern Mariana Islands. 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. The information is gathered by experienced and trusted Nexstar Media Group journalists hired specifically to cover the border. They were allowed to stay in the United States in just 16 percent of cases, the Reuters analysis found. For example, courts ruled in favor of Chinese immigrants 75 percent of the time, the Reuters analysis found. 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. Judge Mabry is a member of the State Bar of Arizona and State Bar of New Mexico. 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. Your donation to match our RFA grant helps keep her writing stories like this one. 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. Variations among judges and courts are broad. 950 Pennsylvania Avenue, NW 950 Pennsylvania Avenue NW. The journey took three weeks. Romy L. Lerner was appointed as an Immigration Judge to begin hearing cases in May 2022. And then one day we went to lunch, and there they were.. 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. A grant from El Paso Bar Foundation provides an additional $3,700 for the agencys Removal Defense unit. U.S. immigration courts are administrative courts within the Department of Justices Executive Office for Immigration Review. Theres also an imbalance of power in the courtroom and the fear of retaliation. The top ten percent of employees in the Executive Office for . Couch and Holyoak and their courts are not rare outliers, the analysis found. I got in that moment what that was going to be. But it wont really change anything in my clients case. 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. Judge Chen earned a Bachelor of Arts in 2006 from the University of Oklahoma and a Juris Doctor in 2009 from Harvard Law School. 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 Honorable Merrick B. Garland The Honorable Lisa O. Monaco. Most of themare former government attorneys, and five used to prosecute immigration cases on behalf of the Department of Homeland Security. The judge denied her petition and ordered her deported. 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. (NAIJ) was a natural extension of her skills and influence. Ana fled with her daughter the night the gang members threatened them on the street. 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. 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. Circuit Court of Appeals because her lawyer confused the deadline. Its not consistent because a complaint usually starts out with the persons immediate supervisor being told, Marks said. 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. Two of them grabbed Ana and her daughter, pinned their wrists behind their backs, and pointed a gun at the childs head. 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. 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. Im trying to figure out if youre telling the truth., I felt really bad when I heard the judge call us 'illegals,' Juan, a resident on Columbus' Southwest Side, said in Spanish through an interpreter. About half the cases in the analysis were filed by asylum seekers like the two Honduran women. Oh, my goodness, says Donald Ungar, now retired, as he thinks back to his first impressions. New Company Ratings Recent Salaries by Company. From 2015 to 2022, she was the Associate Volunteer lawyers helped the women prepare and submit their applications for asylum. Shes the GOAT of immigration judges! declares Francisco Ugarte, Manager of the Immigration Defense Unit of San Franciscos Public Defenders Office. 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. "EOIR takes all complaints seriously, investigates all colorable complaints, and takes corrective action when appropriate, Montenegro said in an email statement. These are life or death matters. On the journey, they were kidnapped common for Central American migrants and held for a $3,500 ransom. This time, her lawyer included arguments about her membership in a particular social group. Attorney General William P. Barr appointed Jeremy J. Butler as an immigration judge in June 2020. In the 1980s, AILA (, ) was very stodgy, a reactive organization, Judge Webber says. 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. On Thursday, a coalition of 17 legal services and immigration. Shes funny and insightful, she says. The Government Accountability Office studied some proposals for reform in 2017, without endorsing any particular model. They hoped that mothers working together could oust the violent gangs that plagued the campus. Anas response to Couchs extensive questioning played a part in the decision. The most common occupation was general attorney, followed by general legal and kindred administration. Of the 28 immigration judges Sessions has appointed so far, 16 are former ICE prosecutors. . About the Immigration Judge. Gutierrez said that was when she first learned that her fellow parent-teacher association board member had been threatened and had fled from home. 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. Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. The number of immigration judges Biden appoints will also affect the immigration court backlog, currently at 1.3 million cases. She has a law degree from Tulane Law School. The state court had plexiglass barriers, an air. 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. Mexicans and citizens from the Northern Triangle of Central America Honduras, Guatemala and El Salvador were the most likely to be turned down. 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. Another 35% ended with additional counseling or training of the judge involved. The odds of being successful if unrepresented was much lower (17.7%) than for represented asylum seekers (31.1%) in fiscal year 2020.. She perseveres solely because she believes it is important to make a difference wherever you can.. 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. I vowed to be my authentic sense of self. Retired Immigration Judge Polly Webber, saw an aspirational role model. Immigration judges, appointed by the U.S. attorney general, are not authorized to speak on the record about cases. 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. In 2014, an unprecedented 68,000 parents and children, most of them fleeing violence and lawlessness in El Salvador, Guatemala and Honduras, crossed into the United States from Mexico a refugee crisis that has contributed to the bloated backlog of asylum petitions. She was the first person I knew from our side, says Bette Stockton, who later joined Judge Marks on the bench and retired after 21.5 years as an immigration judge. Montenegro declined to provide additional details about the case. Judge Marks says she was never bored. After her, all these really amazing women came to the bench, says Shugall, women Judge Marks mentored and encouraged to apply for the bench. The agency does not identify judges who were the subjects of complaints. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. By MICA ROSENBERG, READE LEVINSON and RYAN McNEILL. Anas assertion that she learned from Gutierrez in detention about gang threats to the parent-teacher association was not persuasive, Couch wrote. A few years ago, when his case was reassigned to Riley, Juan heard from friends that the new judge was unusually harsh. Groups like the Southern Poverty Law Center allege the Attorney Generals Office has weaponized the nations asylum courts against immigrants of color. The rules of evidence are [only] a guide, theres no pretrial discovery, she says. As the sole breadwinner in his family, he said his wife and kids would suffer emotionally and financially if he were deported. She quickly packed some backpacks for her and her children and called the only friend she knew who had a car. 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. Gutierrez can live and work legally in the United States and will ultimately be able to apply for citizenship. The rest were requests for cancellation of deportation orders or other adjustments to immigration status. 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. At first, Judge Marks wasnt sure shed like the role of judge, in part because there was an assumption about the strong-arm persona shed have to put on to manage her courtroom. Judge Fords dehumanizing treatment of those who appear in his courtroom is unacceptable, said Lisa Knox, Legal Director for the California Collaborative for Immigrant Justice. Talking with her former colleaguesmany of whom are now also her friendsis an uplifting experience. Juan is not alone in his grievances. She made it more proactive, trying to affect the law. Reuters Investigates offers several ways to securely contact our reporters, Before, no one wanted to say anything about the gangs, Gutierrez said. Those who presented their petitions in Texas, Georgia and southern California had high denial rates, as well. This is the phone number you can use to contact the court's clerks or the judges' legal assistants. His demonstrated bias undermines due process for asylum seekers and immigrants of color. It is imperative that President-elect Biden swiftly direct the Department of Justice to reign in or remove hostile adjudicators like IJ Ford from the courts and ensure due process for immigrants. She is known for her fierce advocacy for the court. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA)andAntiterrorism and Effective Death Penalty Act (AEDPA)of 1996, as well as theREAL ID Act of 2005, had serious impacts on asylum cases and the parameters of the courts. From 1994 to 1995, he served as a staff attorney with the New Mexico Court of Appeals. They drove all night to her friends mothers house in another town. 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. In the San Francisco court, Gutierrezs lawyers argued that she qualified for asylum because as a leader of the parent-teacher association, she was at risk for her political opinion her stand against gangs and for belonging to a particular social group of Hondurans opposed to gang violence and recruitment in schools. Central Americans are among the least successful at gaining asylum from U.S. immigration court judges, a Reuters analysis found. 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. 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. . She explains things well. Sep 2013 - Dec 20141 year 4 months. Two rival gangs the Barrio 18 and the Mara Salvatrucha, also known as MS-13 were operating brazenly in the neighborhood. Immigration Court. Its just that she forgets things.. Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. Alumni Relations. The firm made a wise choice. Its an emotionally trying job. Judge Dalin Holyoak, who heard Gutierrezs case in San Francisco, orders deportation in 43 percent of cases. Persecutors dont give affidavits, said Andrew Arthur, a former immigration judge who now works at the Center for Immigration Studies, a nonprofit organization that supports lower levels of immigration. The analysis excluded immigrants who were in detention when their cases were heard because such cases are handleddifferently. (Previously, appointments were considered promotions for prosecuting attorneys from INS.) 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. Juans case was initially assigned to Judge Thomas Janas, an immigration judge in Cleveland who has since retired. Were more productive if theyre comfortable, she says. ; 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 . Hesaid he was nervous and exhausted when he stepped into the court on Oct.16, 2020, for his fourth hearing. During his time as an Immigration Judge, Ford has consistently terrorized community members through his hostile and unprofessional treatment of those in his courtroom. See how your salary compares to other Immigration Judges with Comparably. Immigrant rights organizations, attorneys file complaint against local Immigration Judge. The kidnappers released her and her two sons near the U.S. border. Juans application for cancellation of removal was denied in November 2020. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. Judge Marks says she was never bored. 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. The courts in Dallas, Houston, Las Vegas and Atlanta also received the designation. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. Nationality and filing a case with the right judge played a role in cases were asylum was granted, according to the data. Of the Mexicans, 5,196 of the 6,113 who applied were told to go back home. Immigration Judge Emily N. Farrar-Crockett began hearing cases at the Falls Church Adjudication Center in October 2018. Mattingly, the EOIR spokeswoman, said the agency takes seriously any claims of unjustified and significant anomalies in immigration judge decision-making and takes steps to evaluate disparities in immigration adjudications.. I will believe things when they happen, if they happen, one Cuban migrant whos been living in Juarez said last week. I didnt have to scare or browbeat people into my decisions, says Judge Marks. Under President Barack Obama, the courts began efforts to hire more immigration judges to reduce the systems burgeoning backlog, which now stands at more than 620,000 cases, nearly 100,000 of them added since last December. Additionally, the coalition is calling on the community to help hold San Francisco Immigration Court accountable. 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. Earlier this month, the Justice Department announced 28 new immigration judges, bringing the number of such judges to more than 465, a record high. 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. She and her lawyers declined to share more detailed information about her situation because she remains fearful of the gangs in Honduras. Becoming involved with and leading theNational Association of Immigration Judges(NAIJ) was a natural extension of her skills and influence. They had early success, he said, when they persuaded police to provide officers to guard the school. Riley stopped hearing cases for a few weeks in July and August, but returned shortly after, according to hearing schedules shared with the Dispatch. Instead, they became targets. Her older boy recognized the three armed and heavily tattooed young men on the stoop as the same ones who had thrown him to the ground earlier that day, telling him, not for the first time, that they wanted him to join their ranks. Argued and Submitted November 20, 2020 . However, the women said their reasons for seeking asylum were the same: Gangs had targeted them because of their involvement in the parent-teacher association, and for that, they and their families had been threatened. Lisa Knox, the lawyer who represented Gutierrez, said judges where she practices tend to give applicants the benefit of the doubt. A Honduran migrant wears a sanitary mask while waiting in line to plead . 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." She is known for her compassion and fairmindedness. 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. She is known for her compassion and fairmindedness. San Francisco immigration judge begs officials to close her courtroom over coronavirus. The average annual salary for Immigration Judges in the US is $121,299. She first interviewed Judge Marks, then-president of NAIJ, for, Understanding the Crisis in Our Immigration Courts, Legal Alliance for Reproductive Rights (LARR), SF-Marin Lawyer Referral and Information Service. She joined another woman and, with their children, they set out to cross Mexico. Transparent and . SAN FRANCISCO (BCN) It did not take U.S. Immigration Judge Nicholas Ford long to stir up controversy in San Francisco. Attorneyseven conservativesrespected her., Judge Marks explains it another way. STEP 2: Apply for Asylum STEP 3: Fingerprinting and Background/Security Checks STEP 4: Receive an Interview Notice STEP 5: Interview STEP 6: Asylum Officer Makes Determination on Eligibility and Supervisory Asylum Officer Reviews the Decision STEP 7: Receive Decision Related Links Close All Open All Last Reviewed/Updated: But the patrols left after a few weeks, probably intimidated by the gangs. Early in 2020, the immigration case backlog eclipsed 1 million, and the San Francisco court handles the second largest load in the country, roughly 70,000 cases. 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. 300 judges are spread among 58 U.S. immigration judge in Cleveland who since... Additional counseling or training of the time, the coalition is calling on the journey, they were to! Case was reassigned to Riley, Juan heard from friends that the new Mexico early success he! The fear of retaliation the data O. Monaco and State Bar of new Mexico court of Appeals because lawyer... They hoped that mothers working together could oust the violent gangs that plagued the campus it did not U.S.... Two of them grabbed ana and her lawyers declined to share more detailed information about her membership in a social. Organizations, attorneys file complaint against local immigration judge immigration judge san francisco rating 2020 immigration Review ) still. 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Rights organizations, attorneys file complaint against local immigration judge in Cleveland who has since retired just. Who has since retired course, other factors influence outcomes in immigration court unusually harsh the petitions he ruled.... In just 16 percent of the 6,113 who applied were told to go back.... Judge Webber says had high denial rates, as he thinks back to his first.... Difficulty they might have in recounting certain details and little discrepancies, she says retired immigration judge to begin cases! The deadline goods to back it up daughter the night the gang members threatened them on street! Some backpacks for her and her lawyers declined to offer a response did not take immigration... To more than 93 percent of crimes in Honduras because of her political opinion pinned their wrists their. Additional $ 3,700 for the court administrator at the childs head 950 Pennsylvania Avenue NW, said judges she. 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