While judges should not be punished for making a good-faith legal decision, using terms like illegals seems to be a clearviolation of professionalism, he said. The situation in our country is getting worse and worse.. 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. Video: High-stakes game of chance in U.S. immigration courts, Graphic: Deportation order rates, by judge, Graphic: Deportationorder rates, by country of origin, U.S. Attorney General Sessions urges crackdown on asylum policies. 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. As the sole breadwinner in his family, he said his wife and kids would suffer emotionally and financially if he were deported. 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. STEP 1: Arrive in the U.S. The Honorable Merrick B. Garland The Honorable Lisa O. Monaco. And according to the Department of Homeland Security, most of those coming across the border without authorization since are from Mexico. Couch is the toughest of Charlottes three immigration judges, according to the Reuters analysis. SAN FRANCISCO (BCN) It did not take U.S. Immigration Judge Nicholas Ford long to stir up controversy in San Francisco. 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. The analysis excluded immigrants who were in detention when their cases were heard because such cases are handleddifferently. Help us advocate for . Posted November 10th, 2015. Three led to oral counseling. Close to half the complaints were dismissed. The San Francisco Immigration Court fast-tracked cases of immigrants who weren't getting their mail. Click here for the news release. The case was transferred to a new judge who sentenced Puente to time . From 2000 to 2008, she served as a staff attorney for ASK Law Group, in Sherman Oaks, California. John W. Richardson, Immigration Judge, Phoenix, 1990-2018. . Alumni Relations. By the time she retired from San Francisco's Immigration Court on December 31, 2021, Judge Dana Leigh Marks* had built an inspiring reputation as a leader, mentor, and advocate. Hon. 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. I want everyone to feel validated, listened to., To manage an immigration courtroom, says Rebecca Bowen Jamil, who retired from the bench and is currently an attorney with Argumedo Garzon Law Group in San Francisco, you have to be flexible and have the knowledge to be flexible. Judge Marks succeeded, Jamil says, because she has a big personality, and she has the goods to back it up. Shes funny and insightful, she says. They were eventually transferred to the ICE detention center in Artesia. The courts facedand continue to grapple witha crisis of backlogged cases. Immigration Judge Emily N. Farrar-Crockett began hearing cases at the Falls Church Adjudication Center in October 2018. 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. *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). Nationality and filing a case with the right judge played a role in cases were asylum was granted, according to the data. The kidnappers released her and her two sons near the U.S. border. 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: Attorneyseven conservativesrespected her., Judge Marks explains it another way. 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. Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. The count of deportations included cases in which judges allowed immigrants to leave the country voluntarily. Two of them grabbed Ana and her daughter, pinned their wrists behind their backs, and pointed a gun at the childs head. After her, all these really amazing women came to the bench, says Shugall, women Judge Marks mentored and encouraged to apply for the bench. Hondurans enjoy no special considerations. They said they would kill me and my children. 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. Freedom for Immigrants is a 501(c)(3) non-profit based in California. 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. Lt. Jonathan Scott Simpson '95 has been appointed Immigration Judge, San Francisco Immigration Court, by the Executive Office for Immigration Review. Denial Rate. More than 300 judges are spread among 58 U.S. immigration courts in 27 states, Puerto Rico and the Northern Mariana Islands. Every story is individual, she says, and every person deserves to be heard. CLEs. The case is currently in the appeal process. The Federal Bar Association and the National Association of Immigration Judges have endorsed the idea of creating an immigration court system independent of the executive branch. 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. Cases are assigned to an immigration court based on where the immigrant lives. Were all humans. 950 Pennsylvania Avenue, NW 950 Pennsylvania Avenue NW. Gutierrez also said her friend is very forgetful. Unaware of each others plight, both fled with their children, making the dangerous trek across Mexico. Yilun Cheng is a Report for America corps member andcovers immigration issues for the Dispatch. Constanza Hevia H. / Special to The Chronicle 2020 Pasadena, California . 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. I burst into tears and ran into Danas office for support. The schools principal, who asked that he and the school not be identified out of fear of retaliation, worked with the board. Immigration Court. These are life or death matters. Anas assertion that she learned from Gutierrez in detention about gang threats to the parent-teacher association was not persuasive, Couch wrote. In Cleveland, there have been seven complaints filed against the judges in the past five years, according to records obtained from the Department of Justice through a public records request. 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. Anas response to Couchs extensive questioning played a part in the decision. Mattingly, the EOIR spokeswoman, said the agency held training sessions for judges to address the disparities in 2008 and 2009. A grant from El Paso Bar Foundation provides an additional $3,700 for the agencys Removal Defense unit. In immigration court, the asylum seeker is typically the only witness. She made it more proactive, trying to affect the law. 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. Corrective actions such as counseling or training were taken in 39 cases. Romy L. Lerner was appointed as an Immigration Judge to begin hearing cases in May 2022. I am not going to risk my childs life. . Sep 2013 - Dec 20141 year 4 months. Legal Aid at Work. Variations among judges and courts are broad. Couch and Holyoak and their courts are not rare outliers, the analysis found. In New York City, 24 percent do. 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. Emmanuel Olawale, a Westerville-based immigration attorney, said he has faced this dilemma firsthand. The Trump administration filled the openings and expanded the size of the bench,appointing 10 judges who currently make up the court. Talking with her former colleaguesmany of whom are now also her friendsis an uplifting experience. 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. 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. 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Please consider making a tax-deductible donation athttps://bit.ly/3fNsGaZ. Judge Marks says her biggest success was seeingH.R. Gutierrez hid for two months at her friends mothers house outside Tegucigalpa. We had to jump over a wall, and I hurt my foot doing so, she said in an affidavit. 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. Four of the 31 new immigration judges are assistant chief immigration judges who will oversee six immigration courts. This material may not be published, broadcast, rewritten, or redistributed. 12/31/2020 4:34:37 PM . A Honduran migrant wears a sanitary mask while waiting in line to plead . Charles R. Davis. Hanrahan's last day as assistant chief immigration judge was May 7, capping a 14-month tenure as the top manager overseeing the 25 immigration judges and dozens of staff at the San Francisco court. There is no training on the 2017 calendar. In a 2016 report, the GAO found that little had changed. 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 clients loved her, says Ungar. . During his time as an Immigration Judge, Ford has consistently terrorized community members through his hostile and unprofessional treatment of those in his courtroom. On the journey, they were kidnapped common for Central American migrants and held for a $3,500 ransom. This years 71.6% denial rate excludes those who didnt win asylum but were granted a stay of removal, otherwise itd be even higher. This time, her lawyer included arguments about her membership in a particular social group. Gutierrez told Reuters that during her final hearing, the judge apologized for asking so many questions about what had been a painful time in her life, explaining that he had needed to establish her credibility. That roster includes Judges Jamil, King, Miriam Hayward, Stockton, Webber, and Laura Ramirez. 6577, Real Courts, Rule of Law Act of 2022, and passed by the House Judiciary Committee in May of this year. 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. Because there is no TurboTax for immigration law., The firm made a wise choice. Those on the other side of the complaints the immigration judges also take issues with the EOIR discipline process. Gutierrez can live and work legally in the United States and will ultimately be able to apply for citizenship. Individuals can sign up for a court watch training at bit.ly/courtwatch1. She was so good to him. This was something Judge Marks had learned from her experience with her own clients. 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. Riley and Owens havedenied 89% and 96% asylum cases they were in charge of, respectively, since their appointment a few years ago. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. ), 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.. 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. . Its not that she is lying. No one isanillegal in this country. The union kept me intellectually stimulated, she says. Senators Announce GAO Investigation of the Politicization and Mismanagement of Immigration Courts - September 14, 2020; Take Action. She is known for her intelligence and wit, having coined oft-repeated, appropriate zingers that help people better understand the challenges of immigration court, including Immigration judges do death penalty cases in a traffic court setting and Immigration is more complicated than tax law. There are complaints that were made because someone is not happy that they lost a case, and those claims need to be taken with a grain of salt, Schmidt said. 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. 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., When that does happen, it certainly will be part of her legacy, but just one part of a stellar career. McFarland residents vow to keep organizing after court lets GEO expand immigration detention, look to incoming administration for support, After about 5 minutes of struggle, they forced my index finger on the paper: ICE Forcing More Asylum Seekers to Sign Deportation Paperwork as Another Deportation Flight to Cameroon Looms. A tax-deductible donation athttps: //bit.ly/3fNsGaZ $ 3,700 for the union kept me intellectually stimulated, she said in affidavit. Said the agency held training sessions for judges to address the disparities in 2008 and.! 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