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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. Romy L. Lerner, Immigration Judge, Miami (Krome) Immigration Court. 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. The judge also questioned why, in an early interview with an asylum officer, Ana never mentioned threats to the parent-teacher association, and instead said she thought the gangs were targeting her for the money her daughters father was sending from the United States to build a house in Honduras. Sometimes after a court date, I would be so down that I would just say, Forget it, I should just leave.". Four of the 31 new immigration judges are assistant chief immigration judges who will oversee six immigration courts. 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. On December 18, 2020, the EOIR announced the investiture of an additional 14 immigration judges. U.S. Department of Justice U.S. Department of Justice. 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. A collaborative court watch program run by NLG-SFBA, Freedom for Immigrants, Kehilla Community Synagogue, Interfaith Movement for Human Integrity, and other coalition organizations trains community members to attend and observe immigration hearings and to document what happens, including any failures of due process. He jokes he decided to hire her the minute she insisted on paying her own fare. . Ana missed the deadline to appeal the BIA decision to the 4th U.S. "EOIR takes all complaints seriously, investigates all colorable complaints, and takes corrective action when appropriate, Montenegro said in an email statement. Were all humans. During his time as an Immigration Judge, Ford has consistently terrorized community members through his hostile and unprofessional treatment of those in his courtroom. Sixty-one percent of all complaints closed in the fiscal year 2020 ended up being dismissed. It is unclear why the judge was absent. The incident occurred on 13 February, and the San Francisco-based 9th US Circuit Court of Appeals has confirmed the probe. 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. Instead, they became targets. 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. (NAIJ) was a natural extension of her skills and influence. I opened the first file, and there was a picture of the first respondent, probably less than a year old. But the bulk of asylum seekers who came during the 2018-2019 migrant surge were Central Americans. 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. Within each court, cases are assigned to judges on a random, rotational basis. . Groups like the Southern Poverty Law Center allege the Attorney Generals Office has weaponized the nations asylum courts against immigrants of color. There is no training on the 2017 calendar. About the Immigration Judge. Oh, my goodness, says Donald Ungar, now retired, as he thinks back to his first impressions. Disregards basic legal rules, causing undue prejudice and wasting public resources. I began to panic and shake, she said. Legal Aid at Work. 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. An immigrant was still four times as likely to be granted asylum by Holyoak in San Francisco as by Couch in Charlotte. How do I know this? 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. 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. Instead of submitting a complaint against Owen, however, the immigration attorney opted to voice his concerns in an appeal, which is currently pending. 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. More than 300 judges are spread among 58 U.S. immigration courts in 27 states, Puerto Rico and the Northern Mariana Islands. As the sole breadwinner in his family, he said his wife and kids would suffer emotionally and financially if he were deported. I thought, I have to go now. The union kept me intellectually stimulated, she says. The firm made a wise choice. Devin OMalley, a Department of Justice spokesman, challenged the Reuters analysis, citing "numerous conflicting statements, miscalculations, and other data errors," but declined to elaborate further. Circuit Court of Appeals, and they rule in favor of immigrants far more often than courts in the 4th Circuit, which includes North and South Carolina, Maryland and Virginia, Reuters found. The Trump administration filled the openings and expanded the size of the bench,appointing 10 judges who currently make up the court. 0% San Francisco; 0% Denver; 0% Dallas, TX; 0% Boston; 0% Los Angeles; 0% Atlanta; Salary Ranges for Immigration Judges. Sandra Gutierrez joined her husband in California, where her case was heard by a San Francisco immigration court judge. The Biden administration could move to unwind that decision. From 1994 to 1995, he served as a staff attorney with the New Mexico Court of Appeals. To then have to stand by as a judge, a member of the same government these clients are seeking protection from, belittles and demonizes their every word, treats them as though they have no dignity, and fails to acknowledge their humanity, its too much. While unfair and antagonistic judges are nothing new to immigrants, Fords misconduct is part of a larger, documented effort by the Trump administration to politicize immigration courts and encourage biased decisions. I vowed to be my authentic sense of self. Retired Immigration Judge Polly Webber, saw an aspirational role model. Riley stopped hearing cases for a few weeks in July and August, but returned shortly after, according to hearing schedules shared with the Dispatch. The first judge I had, he was strict, but he seemed like a very capable judge and I felt really comfortable, Juan said. New Company Ratings Recent Salaries by Company. See how your salary compares to other Immigration Judges with Comparably. 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. Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. Juan is not alone in his grievances. 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. When she started, she was one of few women. From 2000 to 2008, she served as a staff attorney for ASK Law Group, in Sherman Oaks, California. Attorney General William P. Barr appointed Jeremy J. Butler as an immigration judge in June 2020. The clients loved her, says Ungar. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. Its an emotionally trying job. They said, Were going to kill themembers of the parent-teacher association to get them out of here. So the women fled.. I came here when I was very young. She is known for her compassion and fairmindedness. 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), . STEP 1: Arrive in the U.S. , had serious impacts on asylum cases and the parameters of the courts. The Charlotte court was singled out for displaying a particular bias against Central American gang and gender-related asylum claims.. Administrative Law Judges Effective January 2021 . She can look back with satisfaction at the mass of people whose lives she helped, says Ungar. 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. Because there were no police here, (the gangs) did what they wanted," he said. Lisa Knox, the lawyer who represented Gutierrez, said judges where she practices tend to give applicants the benefit of the doubt. ), In a wish list of immigration proposals sent to Congress on Oct. 8, the White House said that lax legal standards had led to the immigration court backlog and that misguided judicial decisions have prevented the removal of numerous criminal aliens, while also rendering those aliens eligible to apply for asylum. Among the proposals offered in exchange for a deal with Congress on the roughly 800,000 dreamers children brought to the country illegally by their parents the Trump administration said it wanted to hire even more immigration judges and 1,000 ICE attorneys, while establishing performance metrics for Immigration Judges.. Posted November 10th, 2015. In New York City, 24 percent do. Chinese nationals won asylum almost 77% of the time in 2020, followed by people from India (62%), Cameroon (61.6%), and Venezuela (54.3%). San Francisco, CA. EL PASO, Texas (Border Report) Asylum denial rates in America reached a record high 71.6% in the fiscal year 2020, an immigration think-tank reported. Further, Knox said, asylum seekers arent thinking about the finer points of U.S. asylum law when they are fleeing persecution. 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. Yilun Cheng is a Report for America corps member andcovers immigration issues for the Dispatch. Freedom for Immigrants is a 501(c)(3) non-profit based in California. Judge Fords dehumanizing treatment of those who appear in his courtroom is unacceptable, said Lisa Knox, Legal Director for the California Collaborative for Immigrant Justice. Scott Bratton, president of AILA-Ohio, did not wish to comment on the complaint. They said they would kill me and my children. The Government Accountability Office studied some proposals for reform in 2017, without endorsing any particular model. Visit theBorderReport.com homepagefor the latest exclusive stories and breaking news about issues along the United States-Mexico border. 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. . 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