He received a bachelor of arts degree in 1982 from Western Kentucky University; a masters of public administration in 1987 from Golden Gate University; It said substantiated allegations will be treated seriously and consistently result in formal discipline up to dismissal.. Sign up for a free account. A copy of documents responsive to the request. If instructed to sit in a particular location, do not switch seats. 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. She joined the newsroom in 2018 after covering D.C. politics, immigration policy, justice and national security, cybersecurity and other hot-button issues for CNN Politics and Politico. 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. But The Chronicles reporting showed little sign of improvement in practice. After the report was completed in November 2019, Maggard was demoted and reassigned to be an immigration judge in Sacramento. None complained in writing to the Justice Department, saying they feared it would result only in the judge being angry at them and taking that anger out on their clients. 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. Immigration Court Backlog and Reprioritization, AILAs Immigration Law Practice & Procedure Manual, EOIR Announces that Chief Immigration Judge Is Stepping Down. As director, McHenry oversees the hiring process for the board. Instead, the report concluded that Maggard exhibited poor judgment and should have avoided such behavior. There is no parking available in the John E. Moss Federal Building for the general public. The Justice Department said that without a written complaint, it could not comment on the allegation. Presenting information from an anonymous source occurs extremely rarely, and only when that information is considered crucially important and all other on-the-record options have been exhausted. AILAs Advocacy Action Center allows you to advocate for legislative and policy reforms consistent with AILAs principles and priorities. million verified professionals across 35 million companies. endstream endobj startxref 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. Sophia Genovese, an immigration attorney, says it was common for immigration judges in Atlanta to make inappropriate remarks. The National Association of Immigration Judges said it supports an overhaul of the departments complaint process. Official websites use .gov But at the end of the day, I know how far a complaint could take me. But making the courts independent would keep the Biden administration from directly changing the system, including firing bad-actor judges. 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.. His comments could give rise to claims of sexual harassment or claims of prohibited personnel practices, it said. One former top supervisor who oversaw immigration judges in the court system made sexual jokes and talked with colleagues about whether female judge candidates were attractive, the report found. Subject: RE: Freedom of Information Act Request #FOIA-2018-39532. immigration judge grants denials burgess, abraham l. 0 1 burke, david 43 157 burkhart, margaret d. 9 12 burman, lawrence o. The brand-new 18th edition of Kurzban's Immigration Law Sourcebook is now shipping. Much of the behavior that was described to The Chronicle appears to fall under those definitions. MuckRock users can file, duplicate, track, and share public records requests Social distancing (maintaining a distance of six feet from those with whom you do not live) is required. The attorneys were not identified by name in the report. The Office of the Chief Immigration Judge (OCIJ) is headed by the Chief Immigration . . Remember that the immigration court may limit entry. AILA Doc. In comparison, for its state court system, California has a Commission on Judicial Performance to investigate complaints against judges, an independent agency with investigatory powers and authority to impose discipline. 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. :.bCI*|p=5-T?n69e$[%iml!. As long as immigration courts remain under the executive branch, she said, given how politicized immigration is as an issue, we will continue to have foxes guarding the henhouse., Tal Kopan is The San Francisco Chronicles Washington correspondent. Judge Daugherty also has provided legal services in a number of other positions within the Marine Corps and has served as an assistant county prosecutor. Wr/Joseph R. SchaafChief Counsel, Administrative LawExecutive Office for Immigration Review, Subject: FOIA Tracking Number Change for consultation DOJ-2018-007740 (to DOJ-2018-007740), The FOIA consultation DOJ-2018-007740 has had its Tracking Number changed to DOJ-2018-007740. The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice. 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.. At the time, it was annoying but typical Cassidy, Genovese said. FALLS CHURCH, VA - The Executive Office for Immigration Review (EOIR) today announced the investiture of two immigration judges. The sources declined to talk on the record because of the sensitivity of the subject matter. Other judges may have been fired, but the department does not separate firings from retirements or resignations in its data. 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. 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. 0 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. 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 light rail train and buses stop on the 8th Street side of the building. Another has been banned for more than seven years from the government building where he worked after management found he harassed female staff, but is still deciding cases. The Justice Department cited its policy of not commenting on personnel matters in declining to answer questions to The Chronicle about Grants banishment. Rate Your Immigration Judge is an important source of information for other immigrants and their attorneys, but also for the immigration judges. AILALink puts an entire immigration law library at your fingertips! Anonymous sources: The Chronicle strives to attribute all information we report to credible, reliable, identifiable sources. Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE), ICE Enforcement and Removal Operations Field Office, EOIRs Programs to Fight Fraud, Abuse, and Ineffective Representation in Immigration Proceedings. This is normally due to the consultation being transferred to another agency (for example, EPA to Dept. About the Immigration Judge Juge Print was appointed as a DCIJ in November 2015. He also served as an immigration judge from 2009 to 2011 in San Francisco, and he was an Immigration and Customs Enforcement attorney in the city from 2006 to 2009. American Immigration Lawyers Association. To maintain appropriate social distancing and best facilitate hearings, you may be asked to move or leave a particular area. Together, the documents show mild consequences for subjects of repeated complaints, including Cassidy. If you have an account in FOIAonline, you may access those records by . Robert Print Maggard's 2021 pay is 29% higher than the average pay of an IJ employee at the Executive Office for Immigration Review . Up to 5 The time to act is really now. Individuals who do not comply with any relevant laws or policies may be denied access to or asked to leave the building or facility. Its quite literally a Sophies choice that should never happen in the American legal system.. 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. 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 judges behavior appears to violate the departments conduct policies and raises questions about the immigration courts ability to function fairly. uhA7(RhYO'o6hs5oX/K$%zM}$nN_*I4%50}]I^C_J`cM 3"%}D5jW#{?d)yk~kIy.D# WC$0`udG*;K_E08DOc"H/}U 7^54N`mY5P8}k_R&P^jXqN1"I4,/+ Wf]d=u,5Rf;(n}kPxTJ2+l^'t${1axcm*vi\l But sources familiar with the situation confirmed it was Grant and that the complaint involved sexual harassment. Grant issues his rulings without seeing the inside of a courtroom. What happens with this behavior is that it is so cumulative that it becomes like background noise, said Carolina Antonini, who practiced before Cassidy from the 1990s until his promotion. 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. Hoppock, who practices in Kansas City, Mo., frequently files requests for information from immigration agencies, which he then makes public. Pursuant to the Freedom of Information Act, I hereby request the following records: 1. of Commerce) or to a sub-agency to process it. The department said it could not comment on the incidents raised to The Chronicle because the attorneys involved did not file complaints. Its a problem that Bidens administration has inherited. U.S. The immigration courts do have a system for reporting complaints. The George Washington University Law School, University of the Pacific - McGeorge School of Law, {{ userNotificationState.getAlertCount('bell') }}. For years, women working at the national headquarters of the immigration courts in Falls Church, Va., shared whispered warnings about Judge Edward R. Grant. 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. 3. Attorneys who have been the victims of harassment say they fear that if they try to hold judges accountable, they risk severe consequences, not only for themselves but for vulnerable clients. If they lose before the board, their only hope of avoiding deportation is a long-shot case in federal appellate courts. He also warned attorneys not to make baseless complaints designed to harass, threaten, intimidate, or retaliate against judges. Copyright Rate Your Immigration Judge 2023. 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.. 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. About the Court | Contact the Court | Public Health | Immigration Court Procedures | Helpful Links, Internet-Based Hearings Access Information. Maggard, Print: 86-47.7: Other courts (by base city): Arlington: Crosland, David W. 184-31.0: Churchill, Joan V. 257: 75.9-Malphrus, Garry D. 322: Search over 700 Document: Declaration of Print Maggard (June 26, 2017) Northwest Immigrants Rights Project (NWIRP) v. 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