If they lose before the board, their only hope of avoiding deportation is a long-shot case in federal appellate courts. The entire e-mail messages is responsive to this request, and the agency can't redact parts without citing a FOIA exemption. 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. You have to know whats happening with clients, competitors, practice areas, and industries. 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.. By Kelly Knaub (June 19, 2017, 5:19 PM EDT) -- The Executive Office for Immigration Review has sworn in 11 new immigration judges who will be hearing cases in California, Florida, Georgia, Illinois, Louisiana, New Jersey, Texas, Utah and Virginia, the immigration agency announced on Friday. Access to case data within articles (numbers, filings, courts, nature of suit, and more. The leading immigration law publisher - over 50000 pages of free information! When necessary, information on immigration court closures or changes to the immigration courts operating hours is available at the following links: (1) Twitter and (2) Facebook. 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. From May 2009 to December 2011, Judge Maggard served at the San Francisco Immigration Court as an immigration judge. Genovese and other attorneys in Atlanta say such behavior was routine for Cassidy. 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. Try our Advanced Search for more refined results. These judges behavior toward women is not an isolated phenomenon in the immigration courts system. The complaints are not made public. 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: Law360 takes your privacy seriously. EOIR regularly monitors the performance and conduct of its adjudicators through daily supervision by EOIR's three adjudicating components: the Office of 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. Deputy Chief Immigration Judge Print Maggard presided over the ceremony at the agency's Falls Church, Virginia, headquarters. This is normally due to the consultation being transferred to another agency (for example, EPA to Dept. 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. It never really got me anywhere, and it created enemies.. About the Court | Contact the Court | Public Health | Immigration Court Procedures | Helpful Links, Internet-Based Hearings Access Information. Masters of Public Administration (Organizational Leadership), Bachelor of Science (BS) (Psychology, Biology, Chemistry), If you're not automatically redirected, please click here. Complaints about immigration judges are not made public. Robert Print Maggard's 2021 pay is 22% higher than the average General Attorney across all agencies. You have to know whats happening with clients, competitors, practice areas, and industries. See all files. 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 OFFICE OF THE CHIEF IMMIGRATION JUDGE . She said the agency takes allegations of misconduct seriously and that anyone with a valid complaint should file it. She said it wasnt until she told the story to colleagues who worked in other federal courts, and saw them react with horror, that she realized it was uncommon behavior for a judge. Password (at least 8 characters required). I remember feeling very, very embarrassed and shaking, and I went completely red. The department said all of its employees complete mandatory sexual harassment and misconduct awareness training. These records, covering 2008 to 2013, were made public by attorney Bryan Johnson and a coalition of immigration legal groups after they received them through a Freedom of Information Act lawsuit. When all the requests have been completed, appropriate documents will be posted in the FOIA reading room IAW the "rule of 3". Face coverings may be required in the courtroom if directed by the presiding immigration judge. From: Department of Justice, Executive Office for Immigration Review. Law360 may contact you in your professional capacity with information about our other products, services and events that we believe may be of interest.Youll be able to update your communication preferences via the unsubscribe link provided within our communications.We take your privacy seriously. FALLS CHURCH, VA The Executive Office for Immigration Review (EOIR) today announced the investiture of two immigration judges. 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. Phone: 916-447-9301 And when such behavior has come to its attention, the department has in some instances simply transferred the offenders elsewhere. From 2008 through 2015 and 2002 through 2005, Judge Daugherty was a member of the Navy-Marine Corps Trial Judiciary, serving in capacities including chief trial judge and circuit judge. Department of Justice, 202-514-3642 (Main Line)202-514-1009 (Fax), Subject: Final Disposition, Request DOJ-AP-2019-000724, DOJ-AP-2019-000724 has been processed with the following final disposition: Partially Affirmed & Partially Reversed/Remanded. FALLS CHURCH, VA - The Executive Office for Immigration Review (EOIR) today announced the investiture of two immigration judges. Building Access and Security Screening Process: All visitors to the John E. Moss Federal Building must undergo a security screening in the building lobby area. In another instance, an attorney told The Chronicle she was reviewing a case file in the court offices when Cassidy walked up and began chatting with her. The agency will soon begin recruiting a new Chief Immigration Judge. In EOIR space, staff or signs may direct you to a seat. *Dp+_>g6,aP{PZY@JYAT,'JVpL/q2)p0* 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. 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). hb```l|aB o~a UjB X HRHx6J;-rq# `u3p/d Sacramento, CA 95814. She had lived in the U.S. most of her life and began using marijuana after suffering multiple miscarriages, leading to criminal convictions that made her subject to deportation. The confirmation came in a reply to immigration attorney Matthew Hoppocks request. Cassidy said he weighed just 3 pounds at birth. Sexual harassment has been a recurring problem in the Justice Department itself. The new immigration judges were appointed by U.S. Attorney General Loretta E. Lynch. An acknowledgement letter, stating the request is being processed. All I remember is him just laughing like he had made a funny comment that we should all think is funny.. After the report was completed in November 2019, Maggard was demoted and reassigned to be an immigration judge in Sacramento. An eye View; Opening and closing brackets with a diagonal slash through . Many attorneys who have practiced before Cassidy say they decided they were better off brushing aside his conduct toward women than filing complaints. 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. The department did not take away Grants responsibilities or six-figure salary. The Justice Department has long lacked a strong system for reporting and responding to sexual harassment and misconduct. 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. A 2018 memo by then-Deputy Attorney General Rod Rosenstein in response to that report defines sexual harassment as conduct including unwelcome advances or other behavior that creates an intimidating, hostile, or offensive work environment. That includes telling sexually oriented jokes and making sexually offensive remarks., The memo said the term sexual misconduct includes on- and off-duty behavior. Elevator wait times may be significantly longer than usual for this reason. Public transit is available via SacRT. Slavin said Bidens first priority should be hiring new judges to deal with a backlog of cases and to counterbalance Trumps hundreds of hires who she said favor deportation, and that he should rescind many of the Trump administrations immigration policy changes. Attorneys go before the same judges regularly, and those judges wide discretion gives them ample room to make life difficult for a lawyer who crosses them. About the Immigration Judge Juge Print was appointed as a DCIJ in November 2015. endstream endobj startxref Law360 takes your privacy seriously. The 11 new judges, who were appointed by Attorney General Jeff . 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. Much of the behavior that was described to The Chronicle appears to fall under those definitions. From 2006 through September 2015, Judge Simpson served as assistant chief counsel, U.S. Immigration and Customs Enforcement, Department of Homeland Security, in Los Angeles and San Diego, Calif. From 1997 through 2006, both domestically and abroad, Judge Simpson served in various capacities as a member of the U.S. Navys Judge Advocate Generals Corps, including branch chief, officer in charge, and attorney. pdf.pdf, Policy & Case Law Bulletin - January 26, 2018.pdf, Supreme Court Published - Maslenjak v. United States.pdf, Recently Disciplined Practitioners, Reinstated (2).pdf. Additional details for this referral are as follows: * Old Tracking Number: DOJ-2018-007915 * New Tracking Number: DOJ-2018-007915 * Requester Name: Matthew Hoppock * Date Submitted: 08/29/2018 * Long Description: foia referral EOIR. Subject: FOIA Appeal DOJ-AP-2019-000724 Submitted, This message is to notify you of a new appeal submission to the FOIAonline application. 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. A separate PDF reading app may be necessary. Her work has earned multiple awards and recognition, including winning the prestigious George Polk Award with Chronicle colleagues for coverage of a COVID-19 outbreak aboard a U.S. aircraft carrier and winning a Webby Award with colleagues for a documentary podcast series on the life and career of Vice President Kamala Harris. It did not say whether it offers any additional gender sensitivity training for its judges. Kopan has received other recognition from the California News Publishers Association, Atlanta Press Club, National Press Foundation, the National Academy of Television Arts and Sciences. But sources familiar with the situation confirmed it was Grant and that the complaint involved sexual harassment. 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.. For information regarding procedures for practice before the immigration courts, please see the Immigration Court Practice Manual. Please see our Privacy Policy. The Office of Personnel Management publishes a list of the observed dates of every federal holiday by year online at this link: OPM holidays. 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. I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on June 24, 2018. Subject: FW: status inquiry by MuckRock FOIA#2018-37357. We concluded that (redacted) made comments of a sexual nature and commented on the attractiveness of female candidates with court employees with whom he socialized and trusted, and that they willingly participated with him in making such comments themselves, investigators wrote. They go to the judges managers, assistant chief immigration judges, a position Maggard held in San Francisco. Individuals seeking to visit any building or facility in which an EOIR operation is located are encouraged to contact the building or facility in advance to determine any relevant policies or laws related to entry. %PDF-1.5 % 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. The Justice Departments response did not identify the judge. of Commerce) or to a sub-agency to process it. Robert P. "Print" Maggard, Immigration Judge Judge Maggard was appointed as an immigration judge in April 2009. 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. Judge Daugherty is a member of the Ohio Bar. EOIR's immigration judges conduct administrative court proceedings in immigration courts located throughout the nation. 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.. The director of the courts in the department, James McHenry, spent 2005 to 2010 and 2011 to 2014 in Atlanta as an attorney for the Immigration and Customs Enforcement office that prosecutes immigration court cases. How long was I? The George Washington University Law School, University of the Pacific - McGeorge School of Law, {{ userNotificationState.getAlertCount('bell') }}. 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. But making the courts independent would keep the Biden administration from directly changing the system, including firing bad-actor judges. Its my hope that this hearing will be a first step toward negotiating a bipartisan, workable solution to what is really a crisis in our immigration courts., In her statement, Marks of the National Association of Immigration Judges called an independent court system the only sustainable solution to check against the politics that has plagued the immigration courts over the years.. The bulk of complaints that were sustained were met with corrective actions, including training or counseling. I just remember feeling kind of enraged that I was wanted (by him) to laugh, she said. Any records referencing phone conferences regarding the Supreme Court's decision in Pereira v. Sessions from June 21, 2018 to the date this FOIA request is processed. Social distancing (maintaining a distance of six feet from those with whom you do not live) is required. EOIR is committed to ensuring fairness in all of the cases it adjudicates. Your honest review allows judges to receive an assessment of their work, and to hopefully make adjustments so that at the end of the day, we have a more uniform application of the laws and regulations, with fairness, courtesy and compassion in all our immigration courts across the United States. Cassidy did not respond to requests for comment. 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. At the time, it was annoying but typical Cassidy, Genovese said. But she said the Trump administration focused on different priorities namely, speeding up deportation cases and limiting immigrants ability to win asylum. She said the comments ate away at her for months before she sent an email notifying other attorneys who practice in the area. free lookups / month. Visitors must not bring any cameras, video or recording equipment. 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. The light rail train and buses stop on the 8th Street side of the building. 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. The Chronicle spoke with three people who confirmed the attorney shared the story with them shortly after it happened. All Rights Reserved, Review and comment based on your own experience. 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. Only then, she argues, should he support legislation making the courts independent. Some complaints are never shared in detail with the judge, and those who file them are not told the outcome. The Chronicle reported in October that the Trump administration canceled all diversity training, including for immigration judges. The Justice Department cited its policy of not commenting on personnel matters in declining to answer questions to The Chronicle about Grants banishment. SF Chief IJ Print Maggard will be the acting chief IJ for EOIR until replacement for departing Chief OLeary is found. Supervisors of judges have also engaged in behavior that could give rise to harassment or misconduct claims, according to a 2019 Justice Department inspector generals report obtained by The Chronicle. Contact the Webmaster to submit comments. Get contact details including emails and phone numbers 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. The agency will soon begin recruiting a new Chief Immigration Judge. In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. 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. 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. AILAs Advocacy Action Center allows you to advocate for legislative and policy reforms consistent with AILAs principles and priorities. The Justice Department said that without a written complaint, it could not comment on the allegation. Five led to counseling by Cassidys bosses on how he should conduct himself. Search the AILALink database for all your practice needsstatutes, regs, case law, agency guidance, publications, and more. 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. Responsive records have been located and are being reviewed for release. 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). 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. The time to act is really now. As Cassidy stood over her, the woman said, the judge added, Are you basically telling me that the carpet doesnt match the drapes?. immigration judge grants denials burgess, abraham l. 0 1 burke, david 43 157 burkhart, margaret d. 9 12 burman, lawrence o. Thank you,-----------------------------------------Initial Request StaffOffice of Information PolicyU.S. The Justice Department has long lacked a strong system for reporting and responding to sexual harassment and misconduct. 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. ]], [This functionality does not work on your device. Learn more. I dont want my daughter to grow up to become a professional and still have to suffer that kind of thing in this environment, Truslow said. Biden has proposed legislation that would expand training for judges and give them more discretion to grant protections to immigrants. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. 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. He and his colleagues are the next-to-last hope for immigrants. 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. Case documents are sent to and from Grants home, multiple sources familiar with the situation told The Chronicle. The actions did not constitute sexual harassment under Justice Department policy, the report said, because the subjects of the comments were unaware of them and the policy requires that the conduct be unwelcome. Maggard was joking with willing colleagues, the report said. ( Subject: RE: Freedom of Information Act Request #FOIA-2018-39532. The woman asked how long he was. This request is currently #35 of 63 pending "complex" requests. Under the Trump administration, the number of complaints dismissed jumped from roughly 40% in 2015 and 2016 to 60% in 2017, 2018, 2019 and 2020. Judge-by-Judge Asylum Decisions in Immigration Courts Before and After the Attorney General's Directive : Denial Rate : Immigration Court: . U.S. The judges behavior appears to violate the departments conduct policies and raises questions about the immigration courts ability to function fairly. Falls Church, VA 22041 You know if you do anything to piss him off, thats going to ruin your reputation in his eyes. The comments occurred before the judge opened the recorded portion of the hearing, they said. Copyright Rate Your Immigration Judge 2023. Any materials or objects of any kind that could be used as a weapon are prohibited. Other attorneys recalled judges who minimized domestic violence while questioning asylum seekers, or suggested that married women could not be raped by their husbands. Sophia Genovese, an immigration attorney, says it was common for immigration judges in Atlanta to make inappropriate remarks. Maggard did commit clear personnel misconduct, the investigators concluded. Sexual harassment cannot be tolerated or condoned in our nations immigration courts, said the groups executive vice president and president emeritus, Judge Dana Leigh Marks, who works in the San Francisco immigration court. 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