The third pointed a gun at Anas head. Lack of legal counsel handicaps asylum seekers, but judges also biased against migrants of color, advocates say. The San Francisco Immigration Court fast-tracked cases of immigrants who weren't getting their mail. Hon. They said, Were going to kill themembers of the parent-teacher association to get them out of here. So the women fled.. In Atlanta, 89 percent of cases result in a deportation order. And according to the Department of Homeland Security, most of those coming across the border without authorization since are from Mexico. I opened the first file, and there was a picture of the first respondent, probably less than a year old. 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IJ Ford felt empowered to shout at and accuse my client throughout the hearing, showing little regard for the fact that she was a human being in his courtroom, said Omar de la Cruz, immigration attorney at Centro Legal de la Raza. In the Charlotte court, Anas lawyer focused more narrowly on her political opinion, arguing that she was at risk of persecution for her opposition to gangs in her position on the parent-teacher association board. Judge Stuart Couch, who heard Anas case in Charlotte, orders immigrants deported 89 percent of the time, according to a Reuters analysis of more than 370,000 cases heard in all 58 U.S. immigration courts over the past 10 years. Samuel Y. Kim, Immigration Judge, San Francisco Immigration Court Attorney General William P. Barr appointed Samuel Y. Kim to begin hearing cases in December 2020. She helped start that trajectory, says Shugall. But the patrols left after a few weeks, probably intimidated by the gangs. After graduating law school at age 23, Judge Marks went into private practice at Simmons & Ungar. In New York City, 24 percent do. Click here for the news release. I thought, I have to go now. 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. Washington, DC 20530-0001 Washington, DC 20530-0001. Immigration judges, appointed by the U.S. attorney general, are not authorized to speak on the record about cases. SAN FRANCISCO (BCN) It did not take U.S. Immigration Judge Nicholas Ford long to stir up controversy in San Francisco. From 2000 to 2008, she served as a staff attorney for ASK Law Group, in Sherman Oaks, California. She remains active today as president emerita. The San Francisco immigration court doesn't have the kind of COVID-19 supplies that he saw in a Wisconsin courthouse in October 2020. Both were taken into custody near Hidalgo, Texas, and ended up finding each other in the same U.S. Immigration and Customs Enforcement (ICE) detention center in Artesia, New Mexico. Argued and Submitted November 20, 2020 . Hondurans enjoy no special considerations. They were elected in 2013 to the board of the parent-teacher association at their children's school in the Honduran capital, Tegucigalpa. According to TRAC, denial rates were at 54.6% in fiscal year 2016 (the last full year of Barack Obamas presidency). Having come from a country with one of the highest murder rates in the world may have helped establish credible fear. But the two women were already at a disadvantage precisely because they came from Honduras. 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. Unlike federal court judges, whose authority stems from the U.S. Constitutions establishment of an independent judicial branch, immigration judges fall under the executive branch and thus are hired, and can be fired, by the attorney general. On December 18, 2020, the EOIR announced the investiture of an additional 14 immigration judges. *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). Help us advocate for . 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. Knowing that providing legal advice to asylum seekers can make a difference, one El Paso nonprofit applied for and got two private grants to provide these services. [ 72 FR 53677 , Sept. 20, 2007, as amended at 79 FR 39956 , July 11, 2014; 85 FR 81655 , 81750, Dec. 16, 2020] The question of equality of treatment among judges has gained urgency as the number of cases in immigration court has ballooned to record highs. 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. CLEs. Circuit Court of Appeals on Tuesday blasted its immigration. 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 (. She quickly packed some backpacks for her and her children and called the only friend she knew who had a car. Im trying to figure out if youre telling the truth., I felt really bad when I heard the judge call us 'illegals,' Juan, a resident on Columbus' Southwest Side, said in Spanish through an interpreter. Sep 2013 - Dec 20141 year 4 months. 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. 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. 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. I love the Wild West aspect of it., National Association of Immigration Judges. 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. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. They were allowed to stay in the United States in just 16 percent of cases, the Reuters analysis found. Its an emotionally trying job. 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. Taken together, the two cases nearly indistinguishable in their outlines but with opposite outcomes illustrate a troubling fact:An immigrants chance of being allowed to stay in the United States depends largely on who hears the case and where it is heard. A few years ago, when his case was reassigned to Riley, Juan heard from friends that the new judge was unusually harsh. She perseveres solely because she believes it is important to make a difference wherever you can.. 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. But I hope someone can help us.. The average salary for an Immigration Judge is $72,811 per Year in the United States. 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. Opinion by Judge Owens * The Honorable Morrison C. England, Jr., United States Senior District Judge for the Eastern District of California . Yilun Cheng is a Report for America corps member andcovers immigration issues for the Dispatch. During his time as an Immigration Judge, Ford has consistently terrorized community members through his hostile and unprofessional treatment of those in his courtroom. 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), . But we have to address these bad judges.. This material may not be published, broadcast, rewritten, or redistributed. Gutierrez hid for two months at her friends mothers house outside Tegucigalpa. 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. While in Cook County, Ford was accused of complicity in a Chicago police torture scandal that targeted Black people and used torture to coerce criminal confessions for over two decades. But it wont really change anything in my clients case. Close to half the complaints were dismissed. One grant from Dallas-based Meadows Foundation includes $56,000 for legal services for incarcerated petitioners. And three judges in San Francisco said yes to more than 90% of asylum seekers who came to their courts in 2020. The rest were requests for cancellation of deportation orders or other adjustments to immigration status. 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 new lawyers argued that her previous representation had been ineffective. Phone number. 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. The first judge I had, he was strict, but he seemed like a very capable judge and I felt really comfortable, Juan said. 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. Complaint process is flawed, advocates say, Judges concerned about discipline procedures, too, Personnel changes at Ohio's immigration court, Ohio chapter of theAmerican Immigration Lawyers Association, Your California Privacy Rights/Privacy Policy. . Ana missed the deadline to appeal the BIA decision to the 4th U.S. I love the Wild West aspect of it.. Do you know the people? With Riley, it felt like she just wanted me out. Judge Marks says her biggest success was seeingH.R. 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. 950 Pennsylvania Avenue, NW 950 Pennsylvania Avenue NW. When he turned 16, he left his hometown and crossed the border by himself in search for a better life, settling in Columbus. 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. Emmanuel Olawale, a Westerville-based immigration attorney, said he has faced this dilemma firsthand. The lack of a transparent complaint process is especially concerninggiven this influx of new judges, who tend to come from enforcement backgrounds and lack experience on the bench, Nemecek said. . She arrived at the Artesia detention center just weeks after Gutierrez. Ana, 31, has had a baby since arriving in the United States and has been granted work authorization while she awaits a final decision on her case. Ill have to weigh my options and consider how bad it is before I stick my neck out there.. Circuit Court of Appeals because her lawyer confused the deadline. There is no training on the 2017 calendar. Im not judging whether you employed illegals. She quickly discarded that notion. Couch and Holyoak and their courts are not rare outliers, the analysis found. And whether the individual fleeing gang violence in San Pedro Sula or official oppression in Venezuela had legal representation also made a big difference in the outcome of his or her case, according to research from the Transactional Records Access Clearinghouse at Syracuse University. I came here when I was very young. The administration of President Donald Trump is continuing the effort. The courts handle cases to determine whether an individual should be deported. Its not that she is lying. They hoped that mothers working together could oust the violent gangs that plagued the campus. I have nothing in Mexico. An immigrant was still four times as likely to be granted asylum by Holyoak in San Francisco as by Couch in Charlotte. That statement is misogynistic and very shocking to me.. Jeremy J. Butler, Immigration Judge, San Francisco Immigration Court. The courts in Dallas, Houston, Las Vegas and Atlanta also received the designation. The clients loved her, says Ungar. About half the cases in the analysis were filed by asylum seekers like the two Honduran women. 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. 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. 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: 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. Those appointed under Trump had ordered. Appearing in IJ Fords courtroom was a reminder that immigration courts are arenas ripe for traumatization and dehumanization, especially in the context of xenophobic administrations. Instead, they became targets. The womens lawyers framed their respective cases with some important differences. Are they also Mexicans? Riley said, as shown incourt transcripts cited in a complaint filed later. (Reuters) - A conservative judge appointed by former Republican President Donald Trump to the San Francisco-based 9th U.S. Numerous legal providers and community members have expressed strong concerns about Fords racist history influencing his work in San Francisco. The coalition argues that Judge Fords appointment is part of the Trump administrations deliberate policy to discourage and curtail immigration from every angle, particularly against black and brown immigrants. Two rival gangs the Barrio 18 and the Mara Salvatrucha, also known as MS-13 were operating brazenly in the neighborhood. Because there were no police here, (the gangs) did what they wanted," he said. By clearing low-priority cases, the American Immigration Lawyers Association estimates this would include at least 700,000 low-priority cases, equaling about 40 percent of the backlog. The Honorable Merrick B. Garland The Honorable Lisa O. Monaco. The Reuters analysis used data from the Executive Office for Immigration Review (EOIR), the U.S. Justice Department unit that oversees immigration courts. 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. The October announcement explained that " [s]ince Jan. 20, 2017, the [Department of Justice] has increased EOIR's immigration judge corps from 306 to 520 adjudicators an increase of nearly 70 percent." Variations among judges and courts are broad. Judge Marks, in keeping with her upbeat character, reflects on the pluses of her role. On Thursday, a coalition of 17 legal services and immigration. 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. If someones a pretty virgin, is that a good reason for them to rape her in any context? Olawale said. Four judges in Atlanta turned down 98 out of 100 asylum claims presented to them; nine judges in Houston said no 95% of the time. May 19, 2021. 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. Judge Lerner earned a Bachelor of Arts in 1999 from Columbia University and a Juris Doctorate in 2002 from Columbia University School of Law. When she started, she was one of few women. . Disregards basic legal rules, causing undue prejudice and wasting public resources. Litigating before the US Supreme Courtand winningmight be the pinnacle of many legal careers, but Judge Marks was not one to sit on her laurels. Because there is no TurboTax for immigration law., The firm made a wise choice. James Roder, the court administrator at the Cleveland Immigration Court, declined to offer a response. Their nature ranged from alleged due process violations to concerns over in-court conducts, records show. 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. Groups like the Southern Poverty Law Center allege the Attorney Generals Office has weaponized the nations asylum courts against immigrants of color. From 2001-2013, Judge Farrar-Crockett was an attorney with the Louisville Metro Public Defender Office. The state court had plexiglass barriers, an air. His demonstrated bias undermines due process for asylum seekers and immigrants of color. It is imperative that President-elect Biden swiftly direct the Department of Justice to reign in or remove hostile adjudicators like IJ Ford from the courts and ensure due process for immigrants. I think about the hundreds of thousands of immigrants across the country who have been wronged by the misconducts of Trump-appointed judges, she said. They just know someone wants to kill them., Anas lawyer appealed her case to the Board of Immigration Appeals (BIA), the first step in the appellate process. I am very worried about her, Gutierrez said. The firm made a wise choice. It is unclear why the judge was absent. STEP 1: Arrive in the U.S. 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. My client was seriously mentally ill, there were a lot of complexities in his case. We were the brave ones. Combined, the nine judges in Boston decided 3,196 cases over the time period. 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