She is known for her fierce advocacy for the court. The Reuters analysis also found that an immigration judges particular characteristics and situation can affect outcomes. Juans case was initially assigned to Judge Thomas Janas, an immigration judge in Cleveland who has since retired. Theres also an imbalance of power in the courtroom and the fear of retaliation. She made it more proactive, trying to affect the law. 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 explains things well. With the seventh and latest complaint the one led by AILA-Ohio against Riley information regarding the investigation outcome was redacted by the Department of Justice. She helped start that trajectory, says Shugall. 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. Its not consistent because a complaint usually starts out with the persons immediate supervisor being told, Marks said. Of the 102 complaints that had been resolved when the data were published, only three resulted in discipline, defined as reprimand or suspension of the judge. Judge Marks also thrived in this arena because she saw beyond the expectation that her role was solely to facilitate deportations; she saw the humanity inherent in the proceedings. I will believe things when they happen, if they happen, one Cuban migrant whos been living in Juarez said last week. Now they had come to deliver a message to Gutierrez. Immigration Court. The firm made a wise choice. Mexicans and citizens from the Northern Triangle of Central America Honduras, Guatemala and El Salvador were the most likely to be turned down. Central Americans are among the least successful at gaining asylum from U.S. immigration court judges, a Reuters analysis found. 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. Their nature ranged from alleged due process violations to concerns over in-court conducts, records show. Decisions can be appealed to the Board of Immigration Appeals, an administrative body within the Department of Justice. They were elected in 2013 to the board of the parent-teacher association at their children's school in the Honduran capital, Tegucigalpa. Featured Issue: Biden Administration Recognizes the Immigration Judge Union - December 7, 2021; EOIR Amends PM 21-18 on Filing Deadlines in Non-Detained Cases - December 16, 2021; . Filing a complaint against the judge is something on the table, Olawale said. Threatened by gangs in Honduras, two women sought asylum in the United States. They were allowed to stay in the United States in just 16 percent of cases, the Reuters analysis found. She can look back with satisfaction at the mass of people whose lives she helped, says Ungar. Sep 2013 - Dec 20141 year 4 months. I am not going to risk my childs life. . 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. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. Judge Marks faced daunting challenges during her tenure. During his time as an Immigration Judge, Ford has consistently terrorized community members through his hostile and unprofessional treatment of those in his courtroom. She made it more proactive, trying to affect the law. Treats immigrants, witnesses, and practitioners in an unprofessional and hostile manner. That experience, the Reuters analysis found, makes them 23 percent more likely to order deportation. How do I know this? Before: Richard A. Paez and John B. Owens, Circuit Judges, and Morrison C. England, Jr., * Senior District Judge. 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. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. There is no training on the 2017 calendar. Of course, other factors influence outcomes in immigration court. Some of those asylum seekers told Border Report recently they hope their chances will improve once Joe Biden takes over the White House. TheCleveland Immigration Court, much like the rest of the country, saw dramatic personnel changes during Donald Trumps presidency. The longer a judge has been serving, the more likely that judge is to grant asylum. Every story is individual, she says, and every person deserves to be heard. Additionally, the coalition is calling on the community to help hold San Francisco Immigration Court accountable. She explains things well. Learn more about how to check your immigration court date and the status of your immigration case from here. After her, all these really amazing women came to the bench, says Shugall, women Judge Marks mentored and encouraged to apply for the bench. As a result, credibility is really the key factor. 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. I didnt have to scare or browbeat people into my decisions, says Judge Marks. Citing the experience of six anonymous immigrants, including Juan, the complaint accuses Riley of biases against Latino immigrants, bullying and hostile questioning,a lack of professional competence and other alleged misconducts. Also, immigration judges are bound by precedents established in the federal appeals court that covers their location. James Roder, the court administrator at the Cleveland Immigration Court, declined to offer a response. She is known for her compassion and fairmindedness. She works as an office janitor and is taking English classes. Hon. 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. 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). Couch and Holyoak and their courts. 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. The journey took three weeks. An immigrant was still four times as likely to be granted asylum by Holyoak in San Francisco as by Couch in Charlotte. Its just that she forgets things.. The clients loved her, says Ungar. 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. If someones a pretty virgin, is that a good reason for them to rape her in any context? Olawale said. (Neither Holyoak nor Couch worked as an ICE prosecutor, according to their EOIR biographies. She and her lawyers declined to share more detailed information about her situation because she remains fearful of the gangs in Honduras. I saw the denial coming after seeing everything that Judge Riley was doing. Her door was always open, says Judge King. 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. One evening in April 2014, Gutierrez was watching television at home with her two sons, ages 5 and 11, when she heard banging at the front door. Freedom for Immigrants is a 501(c)(3) non-profit based in California. 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. 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. She is known for her compassion and fairmindedness. Becoming involved with and leading theNational Association of Immigration Judges(NAIJ) was a natural extension of her skills and influence. Attorneyseven conservativesrespected her., Judge Marks explains it another way. Most of themare former government attorneys, and five used to prosecute immigration cases on behalf of the Department of Homeland Security. 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 first judge I had, he was strict, but he seemed like a very capable judge and I felt really comfortable, Juan said. I vowed to be my authentic sense of self. Retired Immigration Judge Polly Webber, saw an aspirational role model. Posted November 10th, 2015. Its not that she is lying. 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., Kathleen Guthrie Woods is a long-time contributor to, San Francisco Attorneymagazine. . Unaware of each others plight, both fled with their children, making the dangerous trek across Mexico. It then created a system for the public to file complaints against immigration judges. The judges in San Francisco, where I served, were told we could not schedule any cases in 2022 until our calendars showed that three cases were scheduled every day through the end of 2021. 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. Right now, Ohio has one of the highest asylum denial rates in the country 88% in the fiscal year 2021, compared with the national average of 63%, according to TRAC data. 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. Two officials in uniforms picked them up. In late 2014, the two women were released on bond. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. 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. 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. Judge Mabry is a member of the State Bar of Arizona and State Bar of New Mexico. The third pointed a gun at Anas head. Circuit Court of Appeals on Tuesday blasted its immigration. 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. 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. Those who presented their petitions in Texas, Georgia and southern California had high denial rates, as well. The Charlotte court was singled out for displaying a particular bias against Central American gang and gender-related asylum claims.. I really enjoyed working with journalists and legislators. She also describes her stint as NAIJs president as an incredible blessing because it allowed her to become friendly with immigration judges across the country. 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. Denial Rate. They speak of a woman who broke through barriers, applied the law fairly and compassionately, fought hard fights, and inspired others to join her. William L. Abbott decided the largest number of cases (344) in fiscal year 2020 and denied 89.2% of them (307). It has also been politically charged, as immigration courts fall under the jurisdiction of the, US Department of Justice (DOJ), Executive Office for Immigration Review (EOIR), . When Theodore Murphy, a former ICE prosecutor who now represents immigrants, has a client in a jurisdiction with a high deportation rate but near one with a lower rate, I tell them to move, he said. 415-705-4415. Immigration judges, appointed by the U.S. attorney general, are not authorized to speak on the record about cases. The definition of a particular social group has been subject to conflicting interpretations in the courts, but in general, such a group comprises people who share basic beliefs or traits that cant or shouldnt have to be changed. In New York City, 24 percent do. 200 There is a fine line between judges taking a harshstance on immigration and their exhibiting unprofessional behaviors, saidPaul Schmidt, aformer immigration judge based in Arlington, Virginia, who retired in 2016.