Judge Marks led the union for a total of 18 years, serving seven two-year terms as president (not sequential) and four as executive vice president. If someones a pretty virgin, is that a good reason for them to rape her in any context? Olawale said. Cynthia M. Nunez, Immigration Judge, San Francisco Immigration Court Cynthia M. Nunez was appointed as an Immigration Judge to begin hearing cases in May 2022. 2 Reviews. Shuting Chen, Immigration Judge, San Francisco Immigration Court . She lost. Were more productive if theyre comfortable, she says. In an attempt to establish that the abusedid not happen due to the client's identity, Owen stated that it is likely that officers raped the teenage girl not because she was a member of the English-speaking minoritybut because they wanted to do so and thought that the respondent was a pretty virgin, according to court documents shared with The Dispatch. For example, U.S. government policy is more lenient toward people from some countries, less so for others. Right now, Ohio has one of the highest asylum denial rates in the country 88% in the fiscal year 2021, compared with the national average of 63%, according to TRAC data. Of the 28 immigration judges Sessions has appointed so far, 16 are former ICE prosecutors. As has been true in earlier years, having representation greatly increases the odds of winning asylum or other relief, TRACs Oct. 28 report says. The court used to have only three judges, all of whom have since left their posts. James Roder, the court administrator at the Cleveland Immigration Court, declined to offer a response. Sep 2013 - Dec 20141 year 4 months. Gutierrez can live and work legally in the United States and will ultimately be able to apply for citizenship. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. She was very vocal as head of NAIJ, says Atkinson, especially [on issues] related to fairness and due process. Judge Webber appreciated Judge Markss talents as a spokesperson for the union, remarking on her great voice and quick thinking. They speak of a woman who broke through barriers, applied the law fairly and compassionately, fought hard fights, and inspired others to join her. Robert S. Hough had the highest denial rate (92.2%), according to TRAC. Senators Announce GAO Investigation of the Politicization and Mismanagement of Immigration Courts - September 14, 2020; Take Action. Immigration judges in New York and San Francisco stayed home from work Tuesday, and their union announced a judge in Denver had COVID-19 symptoms and an Atlanta attorney tested positive. Right now, Ohio has one of the highest asylum denial rates in the country 88% in the fiscal year 2021, compared with the national average of 63%, according to TRAC data. I love the Wild West aspect of it.. 0% San Francisco; 0% Denver; 0% Dallas, TX; 0% Boston; 0% Los Angeles; 0% Atlanta; Salary Ranges for Immigration Judges. In Charlotte, immigrants are ordered deported in 84 percent of cases, more than twice the rate in San Francisco, where 36 percent of cases end in deportation. Gutierrez also said her friend is very forgetful. Theres a wide spectrum of when judges are notified, how much information they are provided, and whether they are allowed to give their side of the story before decisions are made.". She is now awaiting a court date after new lawyers got her case reopened. . A grant from El Paso Bar Foundation provides an additional $3,700 for the agencys Removal Defense unit. The year before, according to police records in Honduras, gang members killed a school security guard. 200 See how your salary compares to other Immigration Judges with Comparably. Argued and Submitted November 20, 2020 . It feels like the judge has no compassion for us and doesnt like Latinos.. The 43-year-old father of three from Mexico,who asked to remain anonymous for fear of retaliation, had already gone through three hours-long hearings for his application to obtain permanent residency. Immigration judges, appointed by the U.S. attorney general, are not authorized to speak on the record about cases. The number of immigration judges Biden appoints will also affect the immigration court backlog, currently at 1.3 million cases. They said they would kill me and my children. A few years ago, when his case was reassigned to Riley, Juan heard from friends that the new judge was unusually harsh. San Francisco immigration judge begs officials to close her courtroom over coronavirus. The Trump administration filled the openings and expanded the size of the bench,appointing 10 judges who currently make up the court. Now, they were extorting teachers, selling drugs openly and assaulting or killing anyone who confronted them. These are people were dealing with, says Judge Stockton, people who are nervous, if not terrified, and Judge Marks has a gift for helping them feel more at ease in the courtroom. The evidence indicates this is a case of criminal extortion that the respondent attempts to fashion into an imputed political opinion claim., Gutierrez said Ana told her in one of their occasional phone conversations that she felt intimidated by the intense questioning of the ICE attorney. She was very vocal as head of NAIJ, says Atkinson, especially [on issues] related to fairness and due process. Judge Webber appreciated Judge Markss talents as a spokesperson for the union, remarking on her great voice and quick thinking. 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.. There is no training on the 2017 calendar. Of the Mexicans, 5,196 of the 6,113 who applied were told to go back home. But the patrols left after a few weeks, probably intimidated by the gangs. 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), . Judge Dalin Holyoak, who heard Gutierrezs case in San Francisco, orders deportation in 43 percent of cases. The analysis excluded immigrants who were in detention when their cases were heard because such cases are handleddifferently. I didnt have to scare or browbeat people into my decisions, says Judge Marks. The most common payscale is General Schedule. STEP 2: Apply for Asylum STEP 3: Fingerprinting and Background/Security Checks STEP 4: Receive an Interview Notice STEP 5: Interview STEP 6: Asylum Officer Makes Determination on Eligibility and Supervisory Asylum Officer Reviews the Decision STEP 7: Receive Decision Related Links Close All Open All Last Reviewed/Updated: Combined, the nine judges in Boston decided 3,196 cases over the time period. 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. From there, cases can be appealed to federal appeals court. In October 2020, when he received a notice from the Cleveland Immigration Court that the asylum case of one ofhis clientswas denied, he was disturbed by the language that Judge Jonathan Owens used in the decision. She first interviewed Judge Marks, then-president of NAIJ, forUnderstanding the Crisis in Our Immigration Courts(Spring 2015). The other women in the center told me that there was someone else from Honduras who I might know, but I wasnt sure who they were talking about, Gutierrez said. Earlier this month, the Justice Department announced 28 new immigration judges, bringing the number of such judges to more than 465, a record high. The rules of evidence are [only] a guide, theres no pretrial discovery, she says. 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. From 2001-2013, Judge Farrar-Crockett was an attorney with the Louisville Metro Public Defender Office. It is unclear why the judge was absent. They were allowed to stay in the United States in just 16 percent of cases, the Reuters analysis found. The definition of a particular social group has been subject to conflicting interpretations in the courts, but in general, such a group comprises people who share basic beliefs or traits that cant or shouldnt have to be changed. The word Reviews; Business Tech; Finance; Markets; . 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.. She quickly discarded that notion. It is clearly troubling when you have these kinds of gross disparities, said Karen Musalo, director of the Center for Gender & Refugee Studies at the University of California Hastings School of the Law in San Francisco. Attorneyseven conservativesrespected her., Judge Marks explains it another way. 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. When he turned 16, he left his hometown and crossed the border by himself in search for a better life, settling in Columbus. Lt. Jonathan Scott Simpson '95 has been appointed Immigration Judge, San Francisco Immigration Court, by the Executive Office for Immigration Review. The Chief Immigration Judge shall ensure that each temporary immigration judge has received a suitable level of training to enable the temporary immigration judge to carry out the duties assigned. Jeremy J. Butler, Immigration Judge, San Francisco Immigration Court. These are life or death matters. She quickly discarded that notion. Boston's immigration judges mentioned in the TRAC analysis were Maureen O'Sullivan, Leonard Shapiro, Paul Gagnon, Robin Feder, Brenda O'Malley, Matthew D'Angelo, Mario Sturla, Gwendylan, and Todd Masters. Posted November 10th, 2015. Groups like the Southern Poverty Law Center allege the Attorney Generals Office has weaponized the nations asylum courts against immigrants of color. Under President Barack Obama, the courts began efforts to hire more immigration judges to reduce the systems burgeoning backlog, which now stands at more than 620,000 cases, nearly 100,000 of them added since last December. Instead of submitting a complaint against Owen, however, the immigration attorney opted to voice his concerns in an appeal, which is currently pending. After hearing Anas case, Couch concluded in his written opinion that Ana was not eligible for asylum because she had not demonstrated a well-founded fear of future persecution on account of a statutorily protected ground. He wasnt convinced that she risked persecution in Honduras because of her political opinion. Despite having no immigration law experience, Ford was appointed as a San Francisco Immigration Judge by Attorney General William Barr in 2019 after retiring from his judgeship in Cook County, Illinois. Your donation to match our RFA grant helps keep her writing stories like this one. Even so, the Reuters analysis determined that after controlling for such factors, who hears a case and where it is heard remain reliable predictors of how a case will be decided. Judge Marks says she was never bored. FY 2015-2020. 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. 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. The situation in our country is getting worse and worse.. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. Juan expected from experience that he wouldonce againface a series of aggressive questionsfrom Judge Teresa Riley, whose intimidating style almost made him give up on his case altogether, he said. Updated 10:55 AM EDT, Wed July 1, 2020 Link Copied! Before: Richard A. Paez and John B. Owens, Circuit Judges, and Morrison C. England, Jr., * Senior District Judge. As a result, credibility is really the key factor. In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus of immigration judges. She helped start that trajectory, says Shugall. Two months later, according to court documents, Ana was walking her 7-year-old daughter home from school when three members of a rival gang confronted them. Central Americans are among the least successful at gaining asylum from U.S. immigration court judges, a Reuters analysis found. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. In the 1980s, AILA (American Immigration Lawyers Association) was very stodgy, a reactive organization, Judge Webber says. A 1996 law expanded the definition of political refugees to include people who are forced to abort a child or undergo sterilization, allowing Chinese women to claim persecution under Beijings coercive birth-control policies. To give spirit to the letter of this budget . We had to jump over a wall, and I hurt my foot doing so, she said in an affidavit. Copyright 2005-2023 The Bar Association of San Francisco |, Unpacking the Legacy of Judge Dana Leigh Marks, on December 31, 2021, Judge Dana Leigh Marks* had built an inspiring reputation as a leader, mentor, and advocate. The findings underscore what academics and government watchdogs have long complained about U.S. immigration courts: Differences among judges and courts can render the system unfair and even inhumane. I can think of one case I had in front of her, says Ilyce Shugall, a former immigration judge who is currently managing attorney with Immigrant Legal Defense. Gutierrez said that was when she first learned that her fellow parent-teacher association board member had been threatened and had fled from home. Volunteer lawyers helped the women prepare and submit their applications for asylum. In a three-page ruling, one board member said Anas lawyer could not introduce a new argument on appeal and agreed with Couch that Ana hadnt proved a political motive behind the gang members attack. (NAIJ) was a natural extension of her skills and influence. Phone number. Because these complaints rarely generate substantial disciplinary actions and there isa fear of retaliation from the judges, immigration attorneys and their clients often hesitate toreport misconducts, said Austin Kocher, a research associate professor at the Transactional RecordsAccess Clearinghouse (TRAC), a research instituteat Syracuse University. 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. Some of those asylum seekers told Border Report recently they hope their chances will improve once Joe Biden takes over the White House. 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. Hon. May 19, 2021. The San Francisco immigration court doesn't have the kind of COVID-19 supplies that he saw in a Wisconsin courthouse in October 2020. The union kept me intellectually stimulated, she says. She is known for her fierce advocacy for the court. Diocesan Migrant and Refugee Services officials say the money will be used to try to win cases for migrants in an El Paso facility with 26 confirmed COVID-19 cases as of October. The womens lawyers framed their respective cases with some important differences. They drove all night to her friends mothers house in another town. Couch is the toughest of Charlottes three immigration judges, according to the Reuters analysis. They said, Were going to kill themembers of the parent-teacher association to get them out of here. So the women fled.. With Riley, it felt like she just wanted me out. How do I know this? 950 Pennsylvania Avenue, NW 950 Pennsylvania Avenue NW. Lisa Knox, the lawyer who represented Gutierrez, said judges where she practices tend to give applicants the benefit of the doubt. Hesaid he was nervous and exhausted when he stepped into the court on Oct.16, 2020, for his fourth hearing. Also, immigration judges are bound by precedents established in the federal appeals court that covers their location. 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. She made it more proactive, trying to affect the 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. Corrective actions such as counseling or training were taken in 39 cases. The courts facedand continue to grapple witha crisis of backlogged cases. The lawyers also argued that she was part of another particular social group as the family member of someone under threat, since the gangs had terrorized her son in trying to recruit him. Their stories illustrate what a Reuters analysis of thousands of court decisions found: The difference between residency and deportation depends largely on who hears the case, and where. Immigration attorneys and their clients are not the only ones who said they are distrustful of the judicial complaint process. Chinese nationals won asylum almost 77% of the time in 2020, followed by people from India (62%), Cameroon (61.6%), and Venezuela (54.3%). The third pointed a gun at Anas head. He was invested on November 6 and will begin hearing cases this month. The previous president was a man, so we thought, We are women, they wont do anything to us. . (Previously, appointments were considered promotions for prosecuting attorneys from INS.) An immigrant was still four times as likely to be granted asylum by Holyoak in San Francisco as by Couch in Charlotte. 6577, Real Courts, Rule of Law Act of 2022introduced in Congress byRepresentative Zoe Lofgrenand passed by the House Judiciary Committee in May of this year. In immigration court, the asylum seeker is typically the only witness. The rest were requests for cancellation of deportation orders or other adjustments to immigration status. *Today Judge Marks is known as NanaDana, a title that celebrates her role as caretaker for her granddaughter and helps people correctly pronounce her name (dan-uh, not day-nuh). Those who presented their petitions in Texas, Georgia and southern California had high denial rates, as well. Kathleen Guthrie Woods is a long-time contributor toSan Francisco Attorneymagazine. Decisions. They must convince the court that they have well-founded fears of persecution in their country because of their race, religion, nationality, political opinions or membership in a particular social group. 2020-03-20T04:49:42Z Were all humans. It was June 11, 2018, and then-attorney general Jeff Sessions, her boss . In Mexico, she hired a coyote a smuggler to help them cross into the United States and then turned herself in to Border Patrol agents near Hidalgo. They landed near Hidalgo, Texas. Rate This Judge / Califica a Este Juez. Last February, a 50-year-old woman and her 29-year-old son who were selling food at the school Gutierrez and Anas children attended were kidnapped from their home and decapitated, according to police records. Three percentconcluded with retirement, resignation or termination, and none gave rise to other disciplinary actions like reprimand or suspension. I have nothing in Mexico. Ana moved with her daughter to live with her daughters father and petitioned to have her case moved to Charlotte. Variations among judges and courts are broad. With the seventh and latest complaint the one led by AILA-Ohio against Riley information regarding the investigation outcome was redacted by the Department of Justice. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. She has a law degree from Tulane Law School. I am very worried about her, Gutierrez said. Additionally, the coalition is calling on the community to help hold San Francisco Immigration Court accountable. She explains things well. But complainants like Juan and their attorneys said they have beendisappointed that their efforts did not lead to any lasting changes and that there was little transparency in the investigation process. Who is Judge Marks, and how did she positively influence and impact so many lives? I came here when I was very young. They had confidence in her that she was doing everything she could for them. She demonstrated this on a national level in October of 1986 when Judge Marks (along with Bill O. Hing, Susan Lydon, and Kip Steinberg) argued on behalf of Luz Marina Cardoza-Fonseca before the US Supreme Court (. Judges are not always made aware of the existence of a complaint in a timely fashion, and there is no transparency or consistency when it comes to sanctions imposed in a particular case, according to Dana Marks, president emerita at the National Association of Immigration Judges who spent 35 years on the bench in San Francisco, California, before retiring in December. Sixty-one percent of all complaints closed in the fiscal year 2020 ended up being dismissed. The 43-year-old, who worked as a nurse in Honduras, lives in a small one-bedroom apartment with her husband, her two sons now 15 and 8 her adult daughter and her grandson. I thought, I have to go now. About half the cases in the analysis were filed by asylum seekers like the two Honduran women. Mattingly, the EOIR spokeswoman, said the agency held training sessions for judges to address the disparities in 2008 and 2009. You felt you had a fair shot, says Milli Atkinson, Director of the Immigrant Legal Defense Program at JDC and Legal Director of the SFIL Defense Collaborative, who appeared before her as an attorney. The information is gathered by experienced and trusted Nexstar Media Group journalists hired specifically to cover the border. She helped create an inspiring model for how courtscanbe, says Ugarte, and Judge Webber states, simply, She inspires people all the time., While she has had some limelight in her career, the vast majority of her work has been thankless, says Judge King. I burst into tears and ran into Danas office for support. Close to half the complaints were dismissed. Of course, other factors influence outcomes in immigration court. I vowed to be my authentic sense of self. Retired Immigration Judge Polly Webber, saw an aspirational role model. ; On June 24, 2020 we collaborated with NLG-Los Angeles, National Immigration Project of the NLG, and the NLG National Office to provide a CLE on 'Fighting for the Release of Detained . 12/31/2020 4:34:37 PM . Circuit Court of Appeals because her lawyer confused the deadline. Judge Butler earned a Bachelor of Arts in 2003 from Cornell College and a Juris . Within each court, cases are assigned to judges on a random, rotational basis. I will believe things when they happen, if they happen, one Cuban migrant whos been living in Juarez said last week. This, as federal immigration judges decided the second-highest number of asylum petitions on record despite partial court shutdowns due to the COVID-19 pandemic. I saw the denial coming after seeing everything that Judge Riley was doing. 415-705-4415. Two officials in uniforms picked them up. Jamil adds Judge Markss tireless work for the union and giving a professional, female voice to immigration judges to her list of accomplishments. She remains active today as president emerita. Shes the GOAT of immigration judges! declares Francisco Ugarte, Manager of the Immigration Defense Unit of San Franciscos Public Defenders Office. Dana Marks, president of the National Association of Immigration Judges, said each case is like a 1,000 piece puzzle. While two cases might look identical on the surface, she said, each judge has to weigh the nuances of immigration law to allow someone to stay in the country, which could lead to different outcomes. Hon. Its just that she forgets things.. Early in 2020, the immigration case backlog eclipsed 1 million, and the San Francisco court handles the second largest load in the country, roughly 70,000 cases. The average salary for an Immigration Judge is $72,811 per Year in the United States. SAN FRANCISCO, CALIFORNIA -- On November 12, 2020 a coalition of legal service providers, community members, the San Francisco Public Defender, and the National Lawyers Guild - San Francisco Bay Area filed a complaint today with the Department of Justice (DOJ) Executive Office for Immigration Review (EOIR) against San Francisco-based Immigration Judge Nicholas Ford for his racist, ableist and hostile treatment of immigrants, attorneys and witnesses. EOIR held a two-day training session last year. The Honorable Merrick B. Garland The Honorable Lisa O. Monaco. I began to panic and shake, she said. (Reuters) - A conservative judge appointed by former Republican President Donald Trump to the San Francisco-based 9th U.S. Robert S. Hough had the highest denial rate (92.2%), according to TRAC. The count of deportations included cases in which judges allowed immigrants to leave the country voluntarily. They had confidence in her that she was doing everything she could for them. 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