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. 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. Nearly a dozen attorneys who have argued cases before him since the 1990s told The Chronicle that his behavior was frequently inappropriate. Five led to counseling by Cassidys bosses on how he should conduct himself. He cracked a joke, and she was not amused, which Cassidy noticed. In the interim, Assistant Chief Immigration Judge Print Maggard will serve as the Acting Chief Immigration Judge. Deputy Chief Immigration Judge Print Maggard presided over the ceremony at the agency's Falls Church, Virginia, headquarters. In those roles, he appeared in numerous cases before Cassidy. A separate PDF reading app may be necessary. All I remember is him just laughing like he had made a funny comment that we should all think is funny.. A joint initiative between the American Immigration Council and AILA seeks to change the playing field for immigrants facing deportation. Supervisors concluded that Grant had harassed female staffers, and took an extraordinary step: They banned Grant from the court building. That lewd expression refers to a womans pubic area. 2. If instructed to sit in a particular location, do not switch seats. EOIR operates within a variety of settings across the country, most commonly in federal or leased buildings controlled by the General Services Administration and detention facilities operated by the Department of Homeland Security. 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. 133 0 obj <> endobj In the moment, you just know that you have to stay calm, said Sophia Genovese, who has been an immigration attorney for three years and worked in the field of immigration policy for five. 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. Please see the agencys Public Health Noticefor more information. We are committed to an effective and efficient immigration court process and we are happy that Congress has given us the funding to hire additional immigration judges, as well as the support staff they need, said Maggard. S;yNm!>C5dRj'@>qTBz/l}QyE]m)N}-UB3PUYYP'dd}*;D<36k1/1st:_ *P To have her deportation canceled, she had to convince Cassidy she was deserving and had a reason to stay in the U.S. That reason, she testified, was her school-age daughter, who was born prematurely and had special needs. And if someone says, No, no, you have to identify it, and you cannot, they say, Well, it doesnt exist., Atlanta immigration attorney Hiba Ghalib says of a judges comments: There was never anything so direct that it was anything I could file a complaint on it was just uncomfortable and annoying., Hiba Ghalib, an attorney who practices in Atlanta, said of Cassidys behavior: There was never anything so direct that it was anything I could file a complaint on it was just uncomfortable and annoying. The department said all hiring for immigration courts and the Board of Immigration Appeals follows an open, merit-based process. Official websites use .gov Law360 provides the intelligence you need to remain an expert and beat the competition. Many attorneys who have practiced before Cassidy say they decided they were better off brushing aside his conduct toward women than filing complaints. Please do not bring people with you into EOIR space unless they are required to be present for your hearing. Contact the Webmaster to submit comments. H|TQo0~W= cTUjVjRHPv~wp||g>9Y7uQpr}Qn{XE-FY+ J8-LXm+.:r)vhPA];H,X#ABWu0(%(@iDc0m? Grant did not respond to requests for comment. 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. 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. MuckRock users can file, duplicate, track, and share public records requests U.S. A complaint process thats not transparent loses about 90% of its utility, Slavin said. The Office of the Chief Immigration Judge (OCIJ) is headed by the Chief Immigration . Search over 700 ( Judge Print also served as an Immigration Judge at the San Francisco Immigration Court from May 2009 to December 2011. $[AD%` $_$zA>+Zbm@7 @+ Secure .gov websites use HTTPS Already a subscriber? The complaint process doesnt effectively serve management, doesnt effectively serve the judges or employees of (the agency), and it certainly doesnt effectively serve the public.. 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 Sign up for a free account. The Justice Departments response did not identify the judge. %%EOF 102 Petty France, London, Greater London SW1H 9AJ, GB, View Subject: RE: Freedom of Information Act Request #2018-37357. 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. Some complaints are never shared in detail with the judge, and those who file them are not told the outcome. From May 2009 to December 2011, Judge Maggard served at the San Francisco Immigration Court as an immigration judge. About the Immigration Judge Juge Print was appointed as a DCIJ in November 2015. Chronicle investigation: U.S. Justice Department lacks strong harassment oversight for judges, Lauren Lancaster / Special to The Chronicle, Lynsey Weatherspoon / Special to The Chronicle, 11 complaints have been filed about Cassidy, complaint alleging violations of immigrants rights, close enough that they corresponded personally, Your Privacy Choices (Opt Out of Sale/Targeted Ads). 3 77 malloy, rosalind k. 41 32 The agency will soon begin recruiting a new Chief Immigration Judge. 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. 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. 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. *Dp+_>g6,aP{PZY@JYAT,'JVpL/q2)p0* A third, a supervisor based mostly in San Francisco, commented with colleagues about the attractiveness of female job candidates, an internal investigation concluded. She said the Trump administration further chilled those who would complain about judges behavior with its choices of which judges to promote. If they lose before the board, their only hope of avoiding deportation is a long-shot case in federal appellate courts. Other senior managers also commented on the womens appearance, it said. The George Washington University Law School, University of the Pacific - McGeorge School of Law, {{ userNotificationState.getAlertCount('bell') }}. The immigration courts are housed within the Justice Department, meaning the judges are hired directly by the attorney general, a political appointee with a policy agenda. 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.. Subject: RE: Freedom of Information Act Request #FOIA-2018-39532. The Sacramento Immigration Court falls under the jurisdiction of the Office of the Chief Immigration Judge, which is a component of the Executive Office for Immigration Review under the Department of Justice. He received a bachelor of arts degree in 1982 from Western Kentucky University; a masters of public administration in 1987 from Golden Gate University; 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. Denise Slavin, who served as an immigration judge from 1995 to 2019, is president emerita of the union that represents immigration judges and still advises the organization. For information regarding procedures for practice before the immigration courts, please see the Immigration Court Practice Manual. Grant, who has served on the Board of Immigration Appeals since 1998, is one of 23 judges who weigh appeals from immigrants who have lost cases in the nearly 70 immigration courts around the country. The judge ruled in her favor. The judges behavior appears to violate the departments conduct policies and raises questions about the immigration courts ability to function fairly. SF Chief IJ Print Maggard will be the acting chief IJ for EOIR until replacement for departing Chief OLeary is found. Executive Office for Immigration Review (EOIR) is responsible for adjudicating immigration cases by conducting immigration court proceedings, appellate reviews, and administrative hearings. Thank you in advance for your anticipated cooperation in this matter. Attorney General Loretta E. Lynch appointed Judge Simpson to begin hearing cases in November 2015. Other judges may have been fired, but the department does not separate firings from retirements or resignations in its data. This is normally due to the consultation being transferred to another agency (for example, EPA to Dept. Subject: Freedom of Information Act Request: McHenry and Maggard Correspondence and Calendars on Pereira. You know if you do anything to piss him off, thats going to ruin your reputation in his eyes. Such behavior often goes unchecked because there is no regular oversight of judges demeanor by Justice Department leadership, and attorneys say the formal complaint process is inadequate. Attorney General H. Eric Holder Jr. appointed Judge Daugherty to begin hearing cases in November 2015. 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. Sophia Genovese, an immigration attorney, says it was common for immigration judges in Atlanta to make inappropriate remarks. 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. Special Work Opportunity - New Immigration Judge Training - September 22, 2017 Deadline.pdf. They go to the judges managers, assistant chief immigration judges, a position Maggard held in San Francisco. His comments could give rise to claims of sexual harassment or claims of prohibited personnel practices, it said. The Chronicles investigation revealed that inappropriate behavior by judges was far from uncommon in immigration courts around the country, and that the comments made by the Atlanta attorneys echoed sentiments voiced by their peers nationwide. Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE) are part of the Department of Homeland Security (DHS) and are therefore separate from the Executive Office for Immigration Review (EOIR). You had assigned it reference number #2018-37357. Additionally, the court may have to unexpectedly close due to inclement weather or another emergency. The comments occurred before the judge opened the recorded portion of the hearing, they said. Judge Simpson is a member of the New Jersey Bar. 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. In such cases, The Chronicle has complete knowledge of the unnamed person's identity and of how that person is in position to know the information. 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. 126 34 calcador, kerri 26 39 . Kopan graduated with honors from the University of Chicago. endstream endobj startxref Copyright 1995-2017 American Immigration LLC, ILW.COM. 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. An immigration judge might retaliate against the advocate by punishing her clients and these are people fleeing persecution, rape and even death, Mendez said. The sources declined to talk on the record because of the sensitivity of the subject matter. He is still there, hearing immigrants cases but stripped of his supervisor duties. As necessary and when appropriate, individuals with medical conditions that prevent them from wearing a face covering should alert the judge to their situation. In a sworn affidavit in an administrative complaint filed with the Justice Department, one attorney wrote that a judge in El Paso, Texas, commented on the attractiveness of an asylum seeker as if it were an explanation for her persecution. Instead, the report concluded that Maggard exhibited poor judgment and should have avoided such behavior. 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. 703-305-0289 (phone)PAO.EOIR@usdoj.gov. A .gov website belongs to an official government organization in the United States. I look forward to receiving your response to this request within 20 business days, as the statute requires. For more information about those DHS offices, please see the following links: News Media/Congressional Inquiries: News media and congressional inquiries regarding the immigration court must be directed to the EOIR Communications and Legislative Affairs Division (CLAD): Communications and Legislative Affairs Division This is one of 5 FOIA requests for Pereira materials. 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. EOIR is committed to ensuring fairness in all of the cases it adjudicates. 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. Please see our Privacy Policy. of Commerce) or to a sub-agency to process it. of Commerce) or to a sub-agency to process it. Sacramento, CA 95814. Face coverings may be required in the courtroom if directed by the presiding immigration judge. Law360 takes your privacy seriously. They requested anonymity because of the sensitivity of the subject matter. These judges behavior toward women is not an isolated phenomenon in the immigration courts system. Hoppock, who practices in Kansas City, Mo., frequently files requests for information from immigration agencies, which he then makes public. The department said all of its employees complete mandatory sexual harassment and misconduct awareness training. The woman asked how long he was. Anonymous sources: The Chronicle strives to attribute all information we report to credible, reliable, identifiable sources. 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. Michelle Mendez of the Catholic Legal Immigration Network, which provides legal representation to immigrants and helps attorneys report allegations of judicial misconduct, said lawyers face tremendous pressure not to call out judges bad behavior, even though they know ignoring it means it is likely to continue. A Chronicle investigation revealed numerous similar instances of harassment or misconduct in the courts, and found a system that allows sexually inappropriate behavior to flourish. Judge Daugherty is a member of the Ohio Bar. The Chronicle spoke with three people who confirmed the attorney shared the story with them shortly after it happened. She said the situation improved in recent years as more supervising judges were placed in the regions they oversee. Remember that the immigration court may limit entry. About the Court | Contact the Court | Public Health | Immigration Court Procedures | Helpful Links, Internet-Based Hearings Access Information. 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.. Its quite literally a Sophies choice that should never happen in the American legal system.. Try our Advanced Search for more refined results. 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. The agency will soon begin recruiting a new Chief Immigration Judge. EOIR's immigration judges conduct administrative court proceedings in immigration courts located throughout the nation. Judge Maggard received a . 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. But in practice, there is little to prevent judges from retaliating against someone who complains, attorneys say. free lookups / month. 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. Phones and electronic devices must be silenced in the court lobby. Maggard did not respond to requests for comment. 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. Judge-by-Judge Asylum Decisions in Immigration Courts Before and After the Attorney General's Directive : Denial Rate : Immigration Court: . 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. MuckRock is a non-profit collaborative news site that gives you the tools to keep our government transparent and accountable. Together, the documents show mild consequences for subjects of repeated complaints, including Cassidy. AILAs Advocacy Action Center allows you to advocate for legislative and policy reforms consistent with AILAs principles and priorities. An acknowledgement letter, stating the request is being processed. 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 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. Judges in Atlanta to make inappropriate remarks will be the Acting Chief Immigration Judge Print! News site that gives you the tools to keep our government transparent accountable! Endstream endobj startxref Copyright 1995-2017 American Immigration LLC, ILW.COM of Commerce ) or to womans... Response did not identify the Judge comments could give rise to claims of prohibited personnel practices, it said 20! Subject matter to ruin your reputation in his eyes in San Francisco Immigration as... 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