She has a law degree from Tulane Law School. The schools principal, who asked that he and the school not be identified out of fear of retaliation, worked with the board. Cases that claim opposition to gangs as a protected political opinion, the center says, have generated fewer precedent-setting decisions, making that argument a more difficult one to win in court, though it has prevailed in some cases. SAN FRANCISCO (BCN) It did not take U.S. Immigration Judge Nicholas Ford long to stir up controversy in San Francisco. Volunteer lawyers helped the women prepare and submit their applications for asylum. 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), . Its an emotionally trying job. They speak of a woman who broke through barriers, applied the law fairly and compassionately, fought hard fights, and inspired others to join her. Im not judging whether you employed illegals. I vowed to be my authentic sense of self. Retired Immigration Judge Polly Webber, saw an aspirational role model. If someones a pretty virgin, is that a good reason for them to rape her in any context? Olawale said. The Immigration Justice Program periodically runs legal education events (CLEs) and know-your-rights trainings for lawyers, legal workers, immigrant community members, and other allies and advocates. Lack of legal counsel handicaps asylum seekers, but judges also biased against migrants of color, advocates say. . Gutierrez hid for two months at her friends mothers house outside Tegucigalpa. He was invested on November 6 and will begin hearing cases this month. I didnt have to scare or browbeat people into my decisions, says Judge Marks. I was the first to do the Families with Children Docket, which became known as rocket docket, Judge King recalls. Shes funny and insightful, she says. Juans case was initially assigned to Judge Thomas Janas, an immigration judge in Cleveland who has since retired. The next year, researchers at Temple University and Georgetown Law School concluded in a study titled Refugee Roulettethat in many cases, the most important moment in an asylum case is the instant in which a clerk randomly assigns an application to a particular asylum officer or immigration judge. In 2008, the U.S. Government Accountability Office (GAO) found similar disparitiesin its own study. 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 works as an office janitor and is taking English classes. Judges fail to apply binding legal standards, make decisions based on illegally invented rules, engage in abusive treatment of noncitizens and their counsel and even decide cases before holding hearings.. 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. . We discussed cases together. In addition to helping her colleagues with the analysis of cases, Judge Marks was available for emotional support. 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. That statement is misogynistic and very shocking to me.. Gutierrez contacted relatives who wired the money. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. 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. Demonstrates unlawful and inappropriate manifestations of bias in the courtroom. 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. Treats immigrants, witnesses, and practitioners in an unprofessional and hostile manner. Through her lawyers, she asked that her full name not be used because of her uncertain status and her fear that Honduran gangs could find her. I have nothing in Mexico. I burst into tears and ran into Danas office for support. Copyright 2023 Nexstar Media Inc. All rights reserved. In a 2016 report, the GAO found that little had changed. For example, courts ruled in favor of Chinese immigrants 75 percent of the time, the Reuters analysis found. Do you know the people? They landed near Hidalgo, Texas. It occurred to me I had a meeting, Ungar says, So I asked, Would you mind if we continued this? They walked to Market Street, where they hopped on the #5 bus to the Federal Courthouse. The new lawyers argued that her previous representation had been ineffective. From 2020 to 2022, she served as a staff attorney in Hondurans enjoy no special considerations. The count of deportations included cases in which judges allowed immigrants to leave the country voluntarily. She is known for her compassion and fairmindedness. 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. Shuting Chen was appointed as an Immigration Judge to begin hearing cases in October 2022. Robert S. Hough had the highest denial rate (92.2%), according to TRAC. In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus of immigration judges. I thought, I have to go now. Ana declined to be interviewed for this article. 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. But multiple attorneys familiar with the matter said no one received clear information from EOIR on the investigation outcome, as is often the case with these complaints. Judge Dalin Holyoak, who heard Gutierrezs case in San Francisco, orders deportation in 43 percent of cases. The judge denied her petition and ordered her deported. Jamil adds Judge Markss tireless work for the union and giving a professional, female voice to immigration judges to her list of accomplishments. Its just that she forgets things.. She was young, intelligent, interested in law, committed to immigration and immigrants, committed to people. In what has become a treasured memory for both of them, her job interview took place in a unique setting. 415-705-4415. It was June 11, 2018, and then-attorney general Jeff Sessions, her boss . 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. Ana fled with her daughter the night the gang members threatened them on the street. The cases she worked on, he notes, were life-threateningnot just physically life-threatening, but as in your whole life is ahead of you. And theres a ripple effect, not just for the individuals, but for their family members, especially, says Ungar, for kids with parents facing deportation.. Circuit Court of Appeals, and they rule in favor of immigrants far more often than courts in the 4th Circuit, which includes North and South Carolina, Maryland and Virginia, Reuters found. 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. She explains things well. Ugarte says he felt elated when he learned he would appear before her, not because all cases were granted, but because you felt heard., Judge Markss generosity extended to her colleagues on the bench. From 2012 to 2016, EOIR received 624 complaints against judges.The 138 complaints lodged in 2016 alone included allegations of bias, as well as concerns about due process and judges conduct within the courtroom. 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. Most of themare former government attorneys, and five used to prosecute immigration cases on behalf of the Department of Homeland Security. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. Judge Marks, in keeping with her upbeat character, reflects on the pluses of her role. The mass exodus from Central America was under way when Gutierrez and Ana were elected to the board of the parent-teacher association at their childrens school in spring 2013. Two of them grabbed Ana and her daughter, pinned their wrists behind their backs, and pointed a gun at the childs head. She was so good to him. This was something Judge Marks had learned from her experience with her own clients. 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. With these new judges and along with significant court policy changes, the asylum denial rate increased from 54.6% in fiscal year 2016 to 71.6% in fiscal year 2020. She is known for her intelligence and wit, having coined oft-repeated, appropriate zingers that help people better understand the challenges of immigration court, including Immigration judges do death penalty cases in a traffic court setting and Immigration is more complicated than tax law. The new six-member association board set about trying to improve security at the school, which sits on a dirt road behind a high wall topped with razor wire. Pasadena, California . 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.. The administration of President Donald Trump is continuing the effort. About the Immigration Judge. Its not consistent because a complaint usually starts out with the persons immediate supervisor being told, Marks said. According to TRAC, denial rates were at 54.6% in fiscal year 2016 (the last full year of Barack Obamas presidency). During his time as an Immigration Judge, Ford has consistently terrorized community members through his hostile and unprofessional treatment of those in his courtroom. I saw the denial coming after seeing everything that Judge Riley was doing. How do I know this? Mattingly, the EOIR spokeswoman, said the agency held training sessions for judges to address the disparities in 2008 and 2009. Circuit Court of Appeals on Tuesday blasted its immigration. They were elected in 2013 to the board of the parent-teacher association at their children's school in the Honduran capital, Tegucigalpa. Three led to oral counseling. Jeremy J. Butler, Immigration Judge, San Francisco Immigration Court. As has been true in earlier years, having representation greatly increases the odds of winning asylum or other relief, TRACs Oct. 28 report says. 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. [ 72 FR 53677 , Sept. 20, 2007, as amended at 79 FR 39956 , July 11, 2014; 85 FR 81655 , 81750, Dec. 16, 2020] In the asylum application, Olawales client, a 22-year-old asylum seeker from Cameroon, said armed officers from that country sexually assaulted her when she was a minor while they were searching for English-speaking dissidents like her family. But it still astounded him when Riley calledMexican immigrants illegals while cross-examining his wife about the subcontractors that Juan employed at his construction business. (NAIJ) was a natural extension of her skills and influence. Individually reported data submitted by users of our website Base Salary $65,625 $72,811 Medium $84,735 Highest Paying Cities for Immigration Judge in the United States Immigration Judge salaries in the United States will pay differently by cities. Freedom for Immigrants is a 501(c)(3) non-profit based in California. Those appointed under Trump had ordered. 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. She quickly packed some backpacks for her and her children and called the only friend she knew who had a car. There are still good judges out there. Sandra Gutierrez joined her husband in California, where her case was heard by a San Francisco immigration court judge. 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. In the fall of 2020, Juan had trouble falling asleep whenever he thought about his upcoming court appearance in Cleveland, where the only immigration court in Ohio is located. This is the phone number you can use to contact the court's clerks or the judges' legal assistants. James Roder, the court administrator at the Cleveland Immigration Court, declined to offer a response. In Cleveland, there have been seven complaints filed against the judges in the past five years, according to records obtained from the Department of Justice through a public records request. 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. Judge. Many immigrants released on bond before their cases are heard have no idea that where they settle could make the difference between obtaining legal status and deportation. 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. Charles R. Davis. Add Photos. 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. The courts facedand continue to grapple witha crisis of backlogged cases. It feels like the judge has no compassion for us and doesnt like Latinos.. Transparent and . SAN FRANCISCO Rebecca Jamil was sitting in a nondescript hotel ballroom in suburban Virginia when she realized that her dream job being an immigration judge was no longer tenable. That experience, the Reuters analysis found, makes them 23 percent more likely to order deportation. The asylum appeal process is equally politicized, the group says. 950 Pennsylvania Avenue, NW 950 Pennsylvania Avenue NW. 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. An immigrant was still four times as likely to be granted asylum by Holyoak in San Francisco as by Couch in Charlotte. Laura Ramirez, Immigration Judge, San Francisco, 1997-2018. She is known for her fierce advocacy for the court. I really enjoyed working with journalists and legislators. 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