Such behavior often goes unchecked because there is no regular oversight of judges demeanor by Justice Department leadership, and attorneys say the formal complaint process is inadequate. ), Create custom alerts for specific article and case topics and, I took a free trial but didn't get a verification email. Some of the appointments they have made up there have been some of the worst offenders.. When necessary, information on immigration court closures or changes to the immigration courts operating hours is available at the following links: (1) Twitter and (2) Facebook. Remember that the immigration court may limit entry. Data for the latter two years was posted online after The Chronicle inquired why reporting had stopped after 2018. 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. She said the situation improved in recent years as more supervising judges were placed in the regions they oversee. U.S. Learn more. About the Immigration Judge Juge Print was appointed as a DCIJ in November 2015. Immigration judges concluded a record 276,000 cases in fiscal 2019 and were on pace to close 400,000 cases in fiscal 2020 before the pandemic ground the immigration court system to a near halt. Kopan graduated with honors from the University of Chicago. FALLS CHURCH, VA - The Executive Office for Immigration Review (EOIR) today announced the investiture of two immigration judges. Instead, the report concluded that Maggard exhibited poor judgment and should have avoided such behavior. The light rail train and buses stop on the 8th Street side of the building. Masters of Public Administration (Organizational Leadership), Bachelor of Science (BS) (Psychology, Biology, Chemistry), If you're not automatically redirected, please click here. Judge-by-Judge Asylum Decisions in Immigration Courts Before and After the Attorney General's Directive : Denial Rate : Immigration Court: . At the time, it was annoying but typical Cassidy, Genovese said. Special Work Opportunity - New Immigration Judge Training - September 22, 2017 Deadline.pdf. Subject: RE: Freedom of Information Act Request #FOIA-2018-39532. I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on June 24, 2018. Biden has proposed legislation that would expand training for judges and give them more discretion to grant protections to immigrants. The judge ruled in her favor. In such cases, The Chronicle has complete knowledge of the unnamed person's identity and of how that person is in position to know the information. Many e-mail messages are redacted in part with the text "not a responsive record." Public transit is available via SacRT. Kopan started her journalism career in Chicago newsrooms, where she supported local coverage on a variety of fronts, including politics, crime, sports and weather. The redactions in these e-mail messages are improper because most do not cite any valid exemption under the FOIA. There are too many files to display on the request page. And when such behavior has come to its attention, the department has in some instances simply transferred the offenders elsewhere. Case documents are sent to and from Grants home, multiple sources familiar with the situation told The Chronicle. She said the agency takes allegations of misconduct seriously and that anyone with a valid complaint should file it. 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. Nearly a dozen attorneys who have argued cases before him since the 1990s told The Chronicle that his behavior was frequently inappropriate. 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.. Search the AILALink database for all your practice needsstatutes, regs, case law, agency guidance, publications, and more. 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 0 15 maingot, anthony e. 16 170 maldonado, njeri b. Robert Print Maggard's 2021 pay is 22% higher than the average General Attorney across all agencies. 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. 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. Secure .gov websites use HTTPS A 2018 memo by then-Deputy Attorney General Rod Rosenstein in response to that report defines sexual harassment as conduct including unwelcome advances or other behavior that creates an intimidating, hostile, or offensive work environment. That includes telling sexually oriented jokes and making sexually offensive remarks., The memo said the term sexual misconduct includes on- and off-duty behavior. 9-26-18_MR56736_RES-C_IDFOIA-2018-39532.pdf, Subject: Your FOIA Request DOJ-2018-008786 (AG). 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. Grant issues his rulings without seeing the inside of a courtroom. All visitors to any building or facility in which an EOIR operation is located are required to comply with all relevant laws or policies governing access to those buildings or facilities. McCloskey did not respond to requests for comment. 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. S;yNm!>C5dRj'@>qTBz/l}QyE]m)N}-UB3PUYYP'dd}*;D<36k1/1st:_ *P Click here to login, 2023, Portfolio Media, Inc. | About | Contact Us | Legal Jobs | Advertise with Law360 | Careers at Law360 | Terms | Privacy Policy | Cookie Settings | Help | Site Map, Enter your details below and select your area(s) of interest to stay ahead of the curve and receive Law360's daily newsletters, Email (NOTE: Free email domains not supported). 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. PLEASE NOTE: A verification email will be sent to your address before you can access your trial. Maggard did not respond to requests for comment. The very structure of the courts creates the conditions that allow bad actors to escape consequences, experts say. 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. 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. 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. MuckRock users can file, duplicate, track, and share public records requests After the report was completed in November 2019, Maggard was demoted and reassigned to be an immigration judge in Sacramento. Washington, DC 20005. 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.. She said the Trump administration further chilled those who would complain about judges behavior with its choices of which judges to promote. Executive Office for Immigration Review (EOIR) is responsible for adjudicating immigration cases by conducting immigration court proceedings, appellate reviews, and administrative hearings. The attorney general alone holds the power to fire immigration judges. ), Create custom alerts for specific article and case topics and, I took a free trial but didn't get a verification email. 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. The U.S. Department of Justice is the department responsible for the enforcement of the law and administration of justice in the U.S. He was demoted and transferred to a courtroom in Sacramento. Maggard was a supervisor from 2012 to 2019, mostly based in San Francisco, and for a year during the Obama administration was acting chief of all immigration judges, working in the headquarters building in Falls Church. Many attorneys who have practiced before Cassidy say they decided they were better off brushing aside his conduct toward women than filing complaints. You know if you do anything to piss him off, thats going to ruin your reputation in his eyes. Attached is this Office's response to the above-referenced request. He is still there, hearing immigrants' cases but stripped of his. 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. Thank you in advance for your anticipated cooperation in this matter. 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. An eye View; Opening and closing brackets with a diagonal slash through . 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. AILA.org should not be relied upon as the exclusive source for your legal research. Search over 700 The director of the courts in the department, James McHenry, spent 2005 to 2010 and 2011 to 2014 in Atlanta as an attorney for the Immigration and Customs Enforcement office that prosecutes immigration court cases. 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. 1331 G Street NW, Suite 300 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 . 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. If they lose before the board, their only hope of avoiding deportation is a long-shot case in federal appellate courts. 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. Social distancing (maintaining a distance of six feet from those with whom you do not live) is required. Only then, she argues, should he support legislation making the courts independent. I remember feeling very, very embarrassed and shaking, and I went completely red. She said she recoiled at the joke, but didnt find it out of the ordinary for Cassidy. Want the latest investigative and FOIA news? 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. Tal Kopan is the Washington Correspondent for The San Francisco Chronicle. Law360 may contact you in your professional capacity with information about our other products, services and events that we believe may be of interest.Youll be able to update your communication preferences via the unsubscribe link provided within our communications.We take your privacy seriously. How long was I? All items will pass through an x-ray machine and are subject to manual inspection if deemed necessary. There is no parking available in the John E. Moss Federal Building for the general public. 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 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. Already a subscriber? 5107 Leesburg Pike, Suite 1800 A third, a supervisor based mostly in San Francisco, commented with colleagues about the attractiveness of female job candidates, an internal investigation concluded. 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. The comments occurred before the judge opened the recorded portion of the hearing, they said. 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.. Thank you,-----------------------------------------Initial Request StaffOffice of Information PolicyU.S. The department does not tolerate complaints whose sole purpose is to harass, threaten, intimidate, or retaliate against its adjudicators based on their rulings.. The department said it could not comment on the incidents raised to The Chronicle because the attorneys involved did not file complaints. 0 Any records referencing phone conferences regarding the Supreme Court's decision in Pereira v. Sessions from June 21, 2018 to the date this FOIA request is processed. endstream endobj 134 0 obj <>/Metadata 13 0 R/PageLayout/OneColumn/Pages 131 0 R/StructTreeRoot 17 0 R/Type/Catalog>> endobj 135 0 obj <>/ExtGState<>/Font<>/XObject<>>>/Rotate 0/StructParents 0/Type/Page>> endobj 136 0 obj <>stream Cassidy did not respond to requests for comment. From July 2006 . For years, women working at the national headquarters of the immigration courts in Falls Church, Va., shared whispered warnings about Judge Edward R. Grant. 161 0 obj <>stream It said substantiated allegations will be treated seriously and consistently result in formal discipline up to dismissal.. Email: tal.kopan@sfchronicle.com Twitter: @talkopan. A joint initiative between the American Immigration Council and AILA seeks to change the playing field for immigrants facing deportation. From: Department of Justice, Executive Office for Immigration Review. Official websites use .gov The Sacramento Immigration Court falls under the jurisdiction of the Office of the Chief Immigration Judge, which is a component of the Executive Office for Immigration Review under the Department of Justice. The Office of the Chief Immigration Judge (OCIJ) is headed by the Chief Immigration . Elevator wait times may be significantly longer than usual for this reason. 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. ( The Chronicle's detailed policy governing the use of such sources, including the use of pseudonyms, is available on SFChronicle.com. 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