American Immigration Lawyers Association. The redactions in these e-mail messages are improper because most do not cite any valid exemption under the FOIA. The very structure of the courts creates the conditions that allow bad actors to escape consequences, experts say. All Rights Reserved, Review and comment based on your own experience. If the current person in charge didnt know him, I would get it, Antonini said of Cassidys promotion. Anonymous sources: The Chronicle strives to attribute all information we report to credible, reliable, identifiable sources. 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. Together, the documents show mild consequences for subjects of repeated complaints, including Cassidy. 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. MuckRock is a non-profit collaborative news site that gives you the tools to keep our government transparent and accountable. With this administration, the attitude is, if you do something horrible in terms of misconduct, youre going to get promoted to the Board of Immigration Appeals because of the people they put up there, Slavin said of the Trump era. She said the comments ate away at her for months before she sent an email notifying other attorneys who practice in the area. Nichole Rodriguez - email: nichole.rodriguez@usdoj.gov, Jonathan W. Hitesman, Assistant Chief Immigration Judge, John Moss Federal Building 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. Up to 5 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. Jeff Sessions, U.S. attorney general from 2017 to 2018, addresses incoming immigration judges in Falls Church, Va., in September 2018. immigration judge grants denials burgess, abraham l. 0 1 burke, david 43 157 burkhart, margaret d. 9 12 burman, lawrence o. The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice. ], American Immigration Lawyers Association 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. That lewd expression refers to a womans pubic area. Official websites use .gov I look forward to receiving your response to this request within 20 business days, as the statute requires. Case documents are sent to and from Grants home, multiple sources familiar with the situation told The Chronicle. The three men, all immigration judges still employed by the Justice Department, work for a court system designed to give immigrants a fair chance to stay in the U.S. Every day, they hear some of the most harrowing stories of trauma in the world, many from women who were victims of gender-based violence and who fear that their lives are at risk if they are deported to their native countries. She said the situation improved in recent years as more supervising judges were placed in the regions they oversee. Similar Profiles. EOIR's immigration judges conduct administrative court proceedings in immigration courts located throughout the nation. Antonini, who also knows McHenry, said he should have been well aware of Cassidys in-court behavior. 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. 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. Attached is this Office's response to the above-referenced request. He improperly provided sample questions to a job candidate in advance of the persons interview and escorted a friend to another interview, an impermissible boost to her job application, investigators said. FALLS CHURCH, VA - The Executive Office for Immigration Review (EOIR) today announced the investiture of two immigration judges. Grant issues his rulings without seeing the inside of a courtroom. All items will pass through an x-ray machine and are subject to manual inspection if deemed necessary. In the early 2010s, a womans complaint about Grants behavior caught the attention of then-President Barack Obamas director of the immigration courts, who opened an investigation. 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. 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.. A complaint process thats not transparent loses about 90% of its utility, Slavin said. The leading immigration law publisher - over 50000 pages of free information! It called the current system difficult to use for complainants and judges alike. 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 has long lacked a strong system for reporting and responding to sexual harassment and misconduct. Learn more. Please take note of the information below and be prepared to follow these and any additional instructions provided to you when you arrive for your hearing. EOIR regularly monitors the performance and conduct of its adjudicators through daily supervision by EOIR's three adjudicating components: the Office of Thank you,-----------------------------------------Initial Request StaffOffice of Information PolicyU.S. Please see our Privacy Policy. Immigration attorney Sophia Genovese says it is common for judges to make inappropriate comments, and theres just no accountability for it.. The woman asked how long he was. All I remember is him just laughing like he had made a funny comment that we should all think is funny.. It is unacceptable for anyone with a track record of inappropriate behavior to be protected and promoted. Print Maggard's Email & Phone Number Immigration Judge @ U.S. Department of Justice Location San Francisco, California, United States Work Immigration Judge @ u.s. Department of Justice Deputy Chief Immigration Judge @ u.s. Department of Justice Assistant Chief Immigration Judge @ u.s. Department of Justice see more Education Be prepared have a mask available. The sources declined to talk on the record because of the sensitivity of the subject matter. Make arrangements to arrive in advance of your hearing so you arrive to the courtroom on time. 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 provides the intelligence you need to remain an expert and beat the competition. 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. Email: tal.kopan@sfchronicle.com Twitter: @talkopan. How long was I? None of those deals with sexist or sexually inappropriate behavior, instead focusing on improper handling of the judicial process. The entire e-mail messages is responsive to this request, and the agency can't redact parts without citing a FOIA exemption. Holidays and Emergencies: The immigration court is open Monday to Friday except for federal holidays. 102 Petty France, London, Greater London SW1H 9AJ, GB, View Some of the appointments they have made up there have been some of the worst offenders.. Please see our Privacy Policy. Additional details for this consultation are as follows: * Old Tracking Number: DOJ-2018-007740 * New Tracking Number: DOJ-2018-007740 * Requester Name: Matthew Hoppock * Date Submitted: 08/22/2018 * Long Description: foia consult eoir, Subject: FOIA Tracking Number Change for referral DOJ-2018-007915 (to DOJ-2018-007915), The FOIA referral DOJ-2018-007915 has had its Tracking Number changed to DOJ-2018-007915. About the Court | Contact the Court | Public Health | Immigration Court Procedures | Helpful Links, Internet-Based Hearings Access Information. The Southern Poverty Law Center and another nonprofit group, the Innovation Law Lab, compiled several examples from focus groups of attorneys they held, which were included in a report criticizing the immigration court system. Elevator wait times may be significantly longer than usual for this reason. But investigators wrote in the full report that they substantiated such allegations against Maggard and other supervisors. The U.S. Department of Justice is the department responsible for the enforcement of the law and administration of justice in the U.S. Supervisors concluded that Grant had harassed female staffers, and took an extraordinary step: They banned Grant from the court building. A third, a supervisor based mostly in San Francisco, commented with colleagues about the attractiveness of female job candidates, an internal investigation concluded. The judges behavior appears to violate the departments conduct policies and raises questions about the immigration courts ability to function fairly. The requested documents will be made available to the general public, and this request is not being made for commercial purposes. If they lose before the board, their only hope of avoiding deportation is a long-shot case in federal appellate courts. EOIR announcement that Brian M. O'Leary is returning to the Arlington Immigration Court as an immigration judge. 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.. Attorney General Loretta E. Lynch appointed Judge Simpson to begin hearing cases in November 2015. AILA.org should not be relied upon as the exclusive source for your legal research. In the interim, Assistant Chief Immigration Judge Print Maggard will serve as the Acting Chief Immigration Judge. Password (at least 8 characters required). 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. In a Freedom of Information Act response, the Justice Department confirmed that a board member was banned from the building in April 2013 as a result of a complaint against him. An official website of the United States government. Please remember this while choosing to enter an elevator. The department does not tolerate complaints whose sole purpose is to harass, threaten, intimidate, or retaliate against its adjudicators based on their rulings.. Already a subscriber? In the interim, Assistant Chief Immigration Judge Print Maggard will serve as the Acting Chief Immigration Judge. It did not say whether it offers any additional gender sensitivity training for its judges. 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. Security officers may inspect electronic equipment and conduct additional screening if deemed necessary or instructed to do so by the court. 3 77 malloy, rosalind k. 41 32 Deputy Chief Immigration Judge Print Maggard presided over the ceremony at the agency's Falls Church, Virginia, headquarters. By Beth Winegarner (July 15, 2015, 7:25 PM EDT) -- Chief Immigration Judge Brian M. O'Leary is stepping down from his post after six years and will return to the bench in the Arlington Immigration Court, the U.S. Department of Justice announced Wednesday. Access to case data within articles (numbers, filings, courts, nature of suit, and more. FALLS CHURCH, VA The Executive Office for Immigration Review (EOIR) today announced the investiture of two immigration judges. The Chronicle reported in October that the Trump administration canceled all diversity training, including for immigration judges. For information regarding procedures for practice before the immigration courts, please see the Immigration Court Practice Manual. But she said the Trump administration focused on different priorities namely, speeding up deportation cases and limiting immigrants ability to win asylum. Password (at least 8 characters required). Kopan graduated with honors from the University of Chicago. 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. Attorney General H. Eric Holder Jr. appointed Judge Daugherty to begin hearing cases in November 2015. There are too many files to display on the request page. 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. They requested anonymity because of the sensitivity of the subject matter. The U.S. Judge Simpson is a member of the New Jersey Bar. 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.. RjK {02]s)c\P+P`7_pac ;a PE. But in practice, there is little to prevent judges from retaliating against someone who complains, attorneys say. 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.. For this man to have such disregard for women particularly in a professional environment, being reminded that we are first and foremost a sex object for some people.. Attached is correspondence from the Department of Justice's Office of Information Policy, which is associated with the above-referenced Freedom of Information Act (FOIA) request. When all the requests have been completed, appropriate documents will be posted in the FOIA reading room IAW the "rule of 3". S;yNm!>C5dRj'@>qTBz/l}QyE]m)N}-UB3PUYYP'dd}*;D<36k1/1st:_ *P It is not a system designed to protect complainants. A redacted copy of the report was provided to The Chronicle by Hoppock, who also received the inspector general investigation through the Freedom of Information Act. 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. And when such behavior has come to its attention, the department has in some instances simply transferred the offenders elsewhere. Contact the Court Hours: Opening for Filings Only Court Hours: 8 a.m. - 4:30 p.m. %%EOF The National Association of Immigration Judges said it supports an overhaul of the departments complaint process. 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. Hoppock shared the response with The Chronicle. In response to detailed questions before President Biden took office, the Justice Department declined to comment on specific allegations against judges, citing the privacy of personnel matters in some instances and the lack of written complaints in others, but said generally that it follows department procedures on misconduct. They go to the judges managers, assistant chief immigration judges, a position Maggard held in San Francisco. The judge ruled in her favor. million verified professionals across 35 million companies. H\ d100Ag Judge Print also served as an Immigration Judge at the San Francisco Immigration Court from May 2009 to December 2011. logging into FOIAonline (https://www.foiaonline.gov/foiaonline/action/public/home), Hoppock, Matthew, AP-2019-000724, Appeal response letter, Recently Disciplined Attorneys and Updated List (2).pdf, RE_ Recently Disciplined Practitioners, Reinsta.pdf, Detail Opportunities - Las Vegas and Florence.pdf, SPECIAL WORK OPPORTUNITY - BIA Precedent Committee.pdf, Detail Opportunity - Las Vegas (new dates) and .pdf, Recently disciplined attorneys and updated list(5).pdf, Recently Disciplined Practitioners, Reinstated (12).pdf, Recently Disciplined Practitioners, Reinstated (8).pdf, Special Work Opportunity - IJs to Adjudicate Attorney Discipline Cases.pdf, Special Work Opportunity - R&A Cases (On Behalf of CIJ Keller).pdf, Recently Disciplined Attorneys and Updated List(2).pdf, Recently disciplined attorneys and updated list(4).pdf, Atty Discipline Chart Primary (2) email attachment 1-25-18 .pdf, Recently disciplined attorneys and updated list(8).pdf, Supreme Court Published - Sessions v. Morales-Santana.pdf, Special Work Opportunity - New Immigration Judge Training - September 22, 2017 Deadline.pdf, Recently disciplined attorneys and updated list(7).pdf, Special Work Opportunity - survey committee.pdf, Training Topics - New Immigration Judge Traini- email attachment. It never really got me anywhere, and it created enemies.. 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.. This request is currently #35 of 63 pending "complex" requests. 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. OFFICE OF THE CHIEF IMMIGRATION JUDGE . 148 0 obj <>/Filter/FlateDecode/ID[<3549AA37C8F46F47AE7517178E7B1A60>]/Index[133 29]/Info 132 0 R/Length 79/Prev 39710/Root 134 0 R/Size 162/Type/XRef/W[1 2 1]>>stream In the response regarding the board member that The Chronicle identified as Grant, the departments Freedom of Information Act counsel confirmed that one complaint of misbehavior resulted in the Board member being banned from entering into the building. The counsels office refused to share the original claim against Grant or the disciplinary letter with Hoppock, citing the individuals privacy protections. Social distancing (maintaining a distance of six feet from those with whom you do not live) is required. Law360 takes your privacy seriously. A separate PDF reading app may be necessary. But limited available records show that at least 11 complaints have been filed about Cassidy with the Justice Department regarding his in-court conduct toward attorneys, immigrants and even another judge. All times are GMT-5. The bottom line is, if you dont do that by the end of your administration, the next administration is going to come in and do the same (undoing) to you, Slavin said. I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on June 24, 2018. Jonathan S. Simpson, Immigration Judge, San Francisco Immigration Court. Kopan started her journalism career in Chicago newsrooms, where she supported local coverage on a variety of fronts, including politics, crime, sports and weather. Immigration Court Backlog and Reprioritization, AILAs Immigration Law Practice & Procedure Manual, EOIR Announces that Chief Immigration Judge Is Stepping Down. Law360 provides the intelligence you need to remain an expert and beat the competition. To maintain appropriate social distancing and best facilitate hearings, you may be asked to move or leave a particular area. 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). System for reporting and responding to sexual harassment and misconduct information regarding Procedures for before. Live ) is an agency within the Department of Justice is the Department of Justice is the Department for! Aila.Org should not be relied upon as the statute requires the area function fairly behavior has come to its,... 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Leary is returning to the above-referenced request e-mail messages is responsive to this request is not being made for purposes... Longer than usual for this reason that Grant had harassed female staffers, and took an extraordinary step they. The regions they oversee is common for judges to make inappropriate comments, and theres just no accountability it! You may be asked to move or leave a particular area arrangements arrive... But investigators wrote in the U.S we report to credible, reliable, identifiable sources anonymity because of subject! And conduct additional screening if deemed necessary or instructed to do so by the |! In practice, there is little to prevent judges from retaliating against someone who complains, attorneys.... From retaliating against someone who complains, attorneys say Maggard held in San Francisco Immigration Court practice.... Lewd expression refers to a womans pubic area the U.S. Department of Justice is the has... 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