Only then, she argues, should he support legislation making the courts independent. Please find attached this Office's acknowledgment of the above-referenced request. As necessary and when appropriate, individuals with medical conditions that prevent them from wearing a face covering should alert the judge to their situation. 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. The Justice Department cited its policy of not commenting on personnel matters in declining to answer questions to The Chronicle about Grants banishment. Face coverings may be required in the courtroom if directed by the presiding immigration judge. Visitors must not bring any cameras, video or recording equipment. Nothing on AILA.org constitutes legal advice, and information on AILA.org is not a substitute for independent legal advice based on a thorough review and analysis of the facts of each individual case, and independent research based on statutory and regulatory authorities, case law, policy guidance, and for procedural issues, federal government websites. The U.S. Immediately before a May 2019 hearing in which the woman would testify in detail about her trauma, the attorneys said, Judge Paul McCloskey gave instructions on how the hearing should proceed. He wasnt alone, they added: We concluded that he participated in conversations in which other senior managers commented on the attractiveness of female job candidates.. Subject: Freedom of Information Act Request: McHenry and Maggard Correspondence and Calendars on Pereira. 133 0 obj <> endobj It declined to say whether the others who participated in the conversations with Maggard were identified or faced consequences. 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. Judge Daugherty is a member of the Ohio Bar. (business & personal). He also warned attorneys not to make baseless complaints designed to harass, threaten, intimidate, or retaliate against judges. Please allow for additional time to go through the security screening process. I remember feeling very, very embarrassed and shaking, and I went completely red. In a sworn affidavit in an administrative complaint filed with the Justice Department, one attorney wrote that a judge in El Paso, Texas, commented on the attractiveness of an asylum seeker as if it were an explanation for her persecution. By Kelly Knaub (June 19, 2017, 5:19 PM EDT) -- The Executive Office for Immigration Review has sworn in 11 new immigration judges who will be hearing cases in California, Florida, Georgia, Illinois, Louisiana, New Jersey, Texas, Utah and Virginia, the immigration agency announced on Friday. Access to case data within articles (numbers, filings, courts, nature of suit, and more. 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. This is normally due to the referral being transferred to another agency (for example, EPA to Dept. He is still there, hearing immigrants cases but stripped of his supervisor duties. Please see our Privacy Policy. Attorneys say Cassidys behavior should not have been a secret to the Justice Department. Please see Google Maps for a map and directions to the immigration court. Subject: RE: Freedom of Information Act Request #2018-37357. Official websites use .gov Copyright 1993-document.write(new Date().getFullYear()) Although the supervisors name was blacked out, multiple sources familiar with the contents of the report confirmed it was Print Maggard. Robert Print Maggard's 2021 pay is 22% higher than the average General Attorney across all agencies. I dont want my daughter to grow up to become a professional and still have to suffer that kind of thing in this environment, Truslow said. Any records referencing phone conferences regarding the Supreme Court's decision in Pereira v. . The Chronicle reported in October that the Trump administration canceled all diversity training, including for immigration judges. Be prepared have a mask available. Given the nature of this request, some records are only being released to you as the requester. He said, Good testimony should be like a skirt should be long enough to cover everything but short enough to keep it interesting, both attorneys recalled in an interview. hbbd``b`Z In one instance, captured on courtroom audio, Cassidy had just granted relief from deportation in 2019 to a green card holder from Germany. Attorneys Ivan Yacub and Lauren Truslow represented a woman seeking asylum in Arlington, Va., arguing she was a victim of sex trafficking and had been brutally sexually assaulted in her native country. Other attorneys recalled judges who minimized domestic violence while questioning asylum seekers, or suggested that married women could not be raped by their husbands. The department did not take away Grants responsibilities or six-figure salary. The woman did not acknowledge the joke, though someone else in the court laughed. Removing judges who commit misconduct from the courts will be no easy task for Biden, as the system itself is part of the problem, experts say. Department of Justice, 202-514-3642 (Main Line)202-514-1009 (Fax), Subject: Final Disposition, Request DOJ-AP-2019-000724, DOJ-AP-2019-000724 has been processed with the following final disposition: Partially Affirmed & Partially Reversed/Remanded. The Chronicle spoke with three people who confirmed the attorney shared the story with them shortly after it happened. Please see our Privacy Policy. This is one of 5 FOIA requests for Pereira materials. The redactions in these e-mail messages are improper because most do not cite any valid exemption under the FOIA. From: Department of Justice, Executive Office for Immigration Review. A complaint about a San Francisco judge alleged he used incorrect pronouns for a transgender immigrant and asked one who was testifying about being tortured by police whether anyone ever insert(ed) anything into your ass in custody.. Kopan started her journalism career in Chicago newsrooms, where she supported local coverage on a variety of fronts, including politics, crime, sports and weather. Jeff Sessions, U.S. attorney general from 2017 to 2018, addresses incoming immigration judges in Falls Church, Va., in September 2018. She added that the court system explicitly forbids retaliation.. 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. Rate Your Immigration Judge is an important source of information for other immigrants and their attorneys, but also for the immigration judges. You have to know whats happening with clients, competitors, practice areas, and industries. This page was generated at 07:58 AM. Data for the latter two years was posted online after The Chronicle inquired why reporting had stopped after 2018. If you have an account in FOIAonline, you may access those records by . Many e-mail messages are redacted in part with the text "not a responsive record." The investigation of sexually inappropriate behavior is tucked away in the inspector generals report, which is mainly about personnel misconduct, and was left out of a public summary. OFFICE OF THE CHIEF IMMIGRATION JUDGE . Sign up for a free account. 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.. 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.. She said the situation improved in recent years as more supervising judges were placed in the regions they oversee. Already a subscriber? Thank you,-----------------------------------------Initial Request StaffOffice of Information PolicyU.S. Try our Advanced Search for more refined results. Its quite literally a Sophies choice that should never happen in the American legal system.. MuckRock users can file, duplicate, track, and share public records requests 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. maggard, print 5 4 mahasa, zakia 34 27 mahtabfar, sunita b. The judges behavior appears to violate the departments conduct policies and raises questions about the immigration courts ability to function fairly. Many attorneys who have practiced before Cassidy say they decided they were better off brushing aside his conduct toward women than filing complaints. As director, McHenry oversees the hiring process for the board. The Justice Department has long lacked a strong system for reporting and responding to sexual harassment and misconduct. 5107 Leesburg Pike, Suite 1800 The calendars for Print Maggard and James McHenry for the month of June, 2018. Acting Chief Immigration Judge Print Maggard presided over the investiture during a ceremony held Nov. 6, 2015, at the U.S. Court of Appeals for the Armed Forces in Washington D.C. In the legal profession, information is the key to success. Mattingly, the Justice Department spokesperson, said the immigration courts agency requires judges it hires to have demonstrated appropriate temperament and follows department policies on sexual misconduct. Deputy Chief Immigration Judge Print Maggard presided over the ceremony at the agency's Falls Church, Virginia, headquarters. 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. If the current person in charge didnt know him, I would get it, Antonini said of Cassidys promotion. Six of the 11 complaints resulted in no consequences, either because managers couldnt substantiate the allegations after reviewing the record or the issues raised were matters to be decided in the appeals process. The Trump administration did little to change the pattern, The Chronicle found, and in one case even promoted a judge who many women have said made them feel uncomfortable in open court and behind the scenes for years. But investigators wrote in the full report that they substantiated such allegations against Maggard and other supervisors. In the interim, Assistant Chief Immigration Judge Print Maggard will serve as the Acting Chief Immigration Judge. But she said the Trump administration focused on different priorities namely, speeding up deportation cases and limiting immigrants ability to win asylum. %PDF-1.5 % 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 Justice Department cited its policy of not commenting on personnel matters in refusing to answer questions about Maggards conduct. The immigration courts are housed within the Justice Department, meaning the judges are hired directly by the attorney general, a political appointee with a policy agenda. 2. Remember that the immigration court may limit entry. A .gov website belongs to an official government organization in the United States. Much of the behavior that was described to The Chronicle appears to fall under those definitions. Even when Im saying it now, I feel like Im starting to get red in the face, the attorney said. AILALink puts an entire immigration law library at your fingertips! The light rail train and buses stop on the 8th Street side of the building. 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. Learn more. After the report was completed in November 2019, Maggard was demoted and reassigned to be an immigration judge in Sacramento. Thanks for your help, and let me know if further clarification is needed. This request is currently #35 of 63 pending "complex" requests. Grant did not respond to requests for comment. No complaints resulted in formal discipline in 2017, 2018 or 2020, and 5% or fewer did other years. Security officers may inspect electronic equipment and conduct additional screening if deemed necessary or instructed to do so by the court. The Board of Immigration Appeals primarily reviews appeals of decisions by immigration judges. The National Association of Immigration Judges said it supports an overhaul of the departments complaint process. I just remember feeling kind of enraged that I was wanted (by him) to laugh, she said. None of those deals with sexist or sexually inappropriate behavior, instead focusing on improper handling of the judicial process. EOIR regularly monitors the performance and conduct of its adjudicators through daily supervision by EOIR's three adjudicating components: the Office of 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. About the Immigration Judge Juge Print was appointed as a DCIJ in November 2015. He was demoted and transferred to a courtroom in Sacramento. 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. It is an ever-present buzz. 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. Please let me know when I can expect to receive a response, or if further clarification is needed. Any materials or objects of any kind that could be used as a weapon are prohibited. It did not say whether it offers any additional gender sensitivity training for its judges. Truslow, who said it was her first hearing on the job, was furious. She said it wasnt until she told the story to colleagues who worked in other federal courts, and saw them react with horror, that she realized it was uncommon behavior for a judge. The complaints are not made public. The Office of the Chief Immigration Judge (OCIJ) is headed by the Chief Immigration . EOIR is committed to ensuring fairness in all of the cases it adjudicates. Individuals seeking to visit any building or facility in which an EOIR operation is located are encouraged to contact the building or facility in advance to determine any relevant policies or laws related to entry. Sacramento, CA 95814. The leading immigration law publisher - over 50000 pages of free information! Email: tal.kopan@sfchronicle.com Twitter: @talkopan. A third, a supervisor based mostly in San Francisco, commented with colleagues about the attractiveness of female job candidates, an internal investigation concluded. An acknowledgement letter, stating the request is being processed. Under the Trump administration, the number of complaints dismissed jumped from roughly 40% in 2015 and 2016 to 60% in 2017, 2018, 2019 and 2020. They requested anonymity because of the sensitivity of the subject matter. A joint initiative between the American Immigration Council and AILA seeks to change the playing field for immigrants facing deportation. Immigration Court Backlog and Reprioritization, AILAs Immigration Law Practice & Procedure Manual, EOIR Announces that Chief Immigration Judge Is Stepping Down. But, she said, he was in front of him., Atlanta immigration attorney Carolina Antonini says one judges inappropriate comments about women are so cumulative that it becomes like background noise., The Justice Department and McHenry declined to comment on McHenrys relationship to Cassidy or his role in promoting him. Already a subscriber? The immigration courts do have a system for reporting complaints. 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. The brand-new 18th edition of Kurzban's Immigration Law Sourcebook is now shipping. The entire e-mail messages is responsive to this request, and the agency can't redact parts without citing a FOIA exemption. It said the earlier complaints against Cassidy did not include allegations of harassment and showed no evidence he has engaged in serial misconduct.. From July 2006 . 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. Department of Justice, Executive Office for Immigration Review, https://www.foiaonline.gov/foiaonline/action/public/home. But The Chronicles reporting showed little sign of improvement in practice. She said she recoiled at the joke, but didnt find it out of the ordinary for Cassidy. Please see the agencys Public Health Noticefor more information. 3. Sophia Genovese, an immigration attorney, says it was common for immigration judges in Atlanta to make inappropriate remarks. She said the agency takes allegations of misconduct seriously and that anyone with a valid complaint should file it. Similar Profiles. Want the latest investigative and FOIA news? 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. The changes take effect July 26.. EOIR's Office of the Chief Administrative Hearing Officer adjudicates immigration-related employment cases. They determine whether foreign-born individualswhom the Department of Homeland Security charges with violating immigration lawshould be ordered removed from the United States or should be granted relief from removal and be permitted to remain in this country. 161 0 obj <>stream 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. There was just no real concern about conduct by management at that point, and in addition to that, there was no real way that they got feedback about it, because there were no assistant chief judges in the field.. In an interview, Slavin said the Justice Departments immigration courts division has long had a problem with discipline because it doesnt make policing judges conduct a priority, and because of a workplace culture that has at times been unfriendly toward women. Her work has earned multiple awards and recognition, including winning the prestigious George Polk Award with Chronicle colleagues for coverage of a COVID-19 outbreak aboard a U.S. aircraft carrier and winning a Webby Award with colleagues for a documentary podcast series on the life and career of Vice President Kamala Harris. Together, the documents show mild consequences for subjects of repeated complaints, including Cassidy. 2018-37357 Doc 01a J.McHenry_Calendar_redacted (7 pgs).pdf, 2018-37357 Doc 01b P.Maggard_Calendar_redacted (5 pgs).pdf, 9-26-18 MR56736 RES-C ID#FOIA-2018-39532.pdf, Subject: Your FOIA Request DOJ-2018-007915. Washington, DC 20005. 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. Law360 takes your privacy seriously. Kopan graduated with honors from the University of Chicago. Instead, the report concluded that Maggard exhibited poor judgment and should have avoided such behavior. Rep. Zoe Lofgren, D-San Jose, who chairs the House subcommittee on immigration policy, has been working on a bill to spin off the courts, but has yet to introduce it. Phones and other wireless devices should be turned off before entering courtrooms. Attorneys go before the same judges regularly, and those judges wide discretion gives them ample room to make life difficult for a lawyer who crosses them. Cassidy did not respond to requests for comment. 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. From 2006 through September 2015, Judge Simpson served as assistant chief counsel, U.S. Immigration and Customs Enforcement, Department of Homeland Security, in Los Angeles and San Diego, Calif. From 1997 through 2006, both domestically and abroad, Judge Simpson served in various capacities as a member of the U.S. Navys Judge Advocate Generals Corps, including branch chief, officer in charge, and attorney. 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. The Biden White House did not immediately respond to a request for comment. EOIR says: The Executive Office for Immigration Review today announced that, following more than six years of service with distinction as Chief Immigration Judge, Brian M. O'Leary has decided to return to the immigration bench as an immigration judge at the Arlington . Stop on the job, was furious Print 5 4 mahasa, zakia 34 27 mahtabfar, b... Primarily reviews Appeals of decisions by Immigration judges Chronicle spoke with three people who the... 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