Phone: 916-447-9301 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. OFFICE OF THE CHIEF IMMIGRATION JUDGE . Subject: RE: Freedom of Information Act Request #FOIA-2018-39532. With this administration, the attitude is, if you do something horrible in terms of misconduct, youre going to get promoted to the Board of Immigration Appeals because of the people they put up there, Slavin said of the Trump era. WASHINGTON One judge made a joke about genitalia during a court proceeding and was later promoted. But that leaves Biden with a problem, they add: Does he reform the system to be independent of political influence, or does he use his political control over it to clean it up? An eye View; Opening and closing brackets with a diagonal slash through . 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. EOIR's Office of the Chief Administrative Hearing Officer adjudicates immigration-related employment cases. The Justice Departments response did not identify the judge. EOIR is committed to ensuring fairness in all of the cases it adjudicates. Attached is this Office's response to the above-referenced request. Please do not reply to this e-mail, as this account is not monitored. In the legal profession, information is the key to success. The sources declined to talk on the record because of the sensitivity of the subject matter. The immigration court has put into place procedures to implement the guidance of public health officials. SF Chief IJ Print Maggard will be the acting chief IJ for EOIR until replacement for departing Chief OLeary is found. Maggard was a supervisor from 2012 to 2019, mostly based in San Francisco, and for a year during the Obama administration was acting chief of all immigration judges, working in the headquarters building in Falls Church. 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. 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. 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. I look forward to receiving your response to this request within 20 business days, as the statute requires. 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. In an interview, Slavin said the Justice Departments immigration courts division has long had a problem with discipline because it doesnt make policing judges conduct a priority, and because of a workplace culture that has at times been unfriendly toward women. Please see our Privacy Policy. 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. Together, the documents show mild consequences for subjects of repeated complaints, including Cassidy. 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. Sign up for a free account. Judge Daugherty is a member of the Ohio Bar. 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. 703-305-0289 (phone)PAO.EOIR@usdoj.gov. free lookups / month. PLEASE NOTE: A verification email will be sent to your address before you can access your trial. It declined to say whether the others who participated in the conversations with Maggard were identified or faced consequences. Removing judges who commit misconduct from the courts will be no easy task for Biden, as the system itself is part of the problem, experts say. 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. The woman did not acknowledge the joke, though someone else in the court laughed. The entire e-mail messages is responsive to this request, and the agency can't redact parts without citing a FOIA exemption. 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. The department said all of its employees complete mandatory sexual harassment and misconduct awareness training. No credit card required. Subject: Freedom of Information Act Request: McHenry and Maggard Correspondence and Calendars on Pereira. He improperly provided sample questions to a job candidate in advance of the persons interview and escorted a friend to another interview, an impermissible boost to her job application, investigators said. 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. 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.. Its a problem that Bidens administration has inherited. The Office of the Chief Immigration Judge (OCIJ) is headed by the Chief Immigration . The Chronicle reported in October that the Trump administration canceled all diversity training, including for immigration judges. How long was I? This page was generated at 07:58 AM. 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. But making the courts independent would keep the Biden administration from directly changing the system, including firing bad-actor judges. Falls Church, VA 22041 Immigration attorney Sophia Genovese says it is common for judges to make inappropriate comments, and theres just no accountability for it.. Please find attached this Office's acknowledgment of the above-referenced request. 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. The request was for the entirety of each message that mentioned the word "Pereira." PLEASE NOTE: A verification email will be sent to your address before you can access your trial. Anonymous sources: The Chronicle strives to attribute all information we report to credible, reliable, identifiable sources. In one instance, captured on courtroom audio, Cassidy had just granted relief from deportation in 2019 to a green card holder from Germany. Remember that the immigration court may limit entry. Immigration Court Backlog and Reprioritization, AILAs Immigration Law Practice & Procedure Manual, EOIR Announces that Chief Immigration Judge Is Stepping Down. Up to 5 17, 2017).pdf, Recently Disciplined Attorneys and Updated List(1).pdf, There are too many files to display on this communication. EOIR says: The Executive Office for Immigration Review today announced that, following more than six years of service with distinction as Chief Immigration Judge, Brian M. O'Leary has decided to return to the immigration bench as an immigration judge at the Arlington . In the interim, Assistant Chief Immigration Judge Print Maggard will serve as the Acting Chief Immigration Judge. In the Atlanta immigration courthouse, attorneys were dismayed when the Trump administration promoted Judge William Cassidy in 2019 to serve on the Board of Immigration Appeals. It did not say whether it offers any additional gender sensitivity training for its judges. Already a subscriber? Phones and electronic devices must be silenced in the court lobby. ( Masters of Public Administration (Organizational Leadership), Bachelor of Science (BS) (Psychology, Biology, Chemistry), If you're not automatically redirected, please click here. There is no parking available in the John E. Moss Federal Building for the general public. He received a bachelor of arts degree in 1982 from Western Kentucky University; a masters of public administration in 1987 from Golden Gate University; The judges behavior appears to violate the departments conduct policies and raises questions about the immigration courts ability to function fairly. 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. The agency will soon begin recruiting a new Chief Immigration Judge. A separate PDF reading app may be necessary. He and his colleagues are the next-to-last hope for immigrants. But she said the Trump administration focused on different priorities namely, speeding up deportation cases and limiting immigrants ability to win asylum. The department did not take away Grants responsibilities or six-figure salary. The Board of Immigration Appeals primarily reviews appeals of decisions by immigration judges. Consistent with public health officials guidance, EOIR has implemented practices to help to protect all people working in and visiting EOIR spaces throughout the country. 3. Rate Your Immigration Judge is an important source of information for other immigrants and their attorneys, but also for the immigration judges. I just remember feeling kind of enraged that I was wanted (by him) to laugh, she said. Try our Advanced Search for more refined results. As the agency begins its search for a new chief immigration judge, Assistant Chief Immigration Judge Print Maggard will stand in, according to the DOJ. The judge ruled in her favor. Any records referencing phone conferences regarding the Supreme Court's decision in Pereira v. . 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). An official website of the United States government. It said the earlier complaints against Cassidy did not include allegations of harassment and showed no evidence he has engaged in serial misconduct.. :.bCI*|p=5-T?n69e$[%iml!. AILALink puts an entire immigration law library at your fingertips! If the allegations are specific, it takes little effort for a judge to figure out who filed the complaint, and attorneys describe instances of judges retaliating without consequences. Additional details for this consultation are as follows: * Old Tracking Number: DOJ-2018-007740 * New Tracking Number: DOJ-2018-007740 * Requester Name: Matthew Hoppock * Date Submitted: 08/22/2018 * Long Description: foia consult eoir, Subject: FOIA Tracking Number Change for referral DOJ-2018-007915 (to DOJ-2018-007915), The FOIA referral DOJ-2018-007915 has had its Tracking Number changed to DOJ-2018-007915. Mattingly, the Justice Department spokesperson, said the immigration courts agency requires judges it hires to have demonstrated appropriate temperament and follows department policies on sexual misconduct. The immigration courts do have a system for reporting complaints. Instead, the report concluded that Maggard exhibited poor judgment and should have avoided such behavior. The Chronicle's detailed policy governing the use of such sources, including the use of pseudonyms, is available on SFChronicle.com. U.S. Attorneys Ivan Yacub and Lauren Truslow represented a woman seeking asylum in Arlington, Va., arguing she was a victim of sex trafficking and had been brutally sexually assaulted in her native country. uhA7(RhYO'o6hs5oX/K$%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 Please allow for additional time to go through the security screening process. hbbd``b`Z No. 3 77 malloy, rosalind k. 41 32 However, the documents from 2008 to 2013 revealed through the Freedom of Information Act request show a process in which many complaints are given only cursory investigation by the supervising managers, and in which consequences are usually limited to verbal counseling. You know if you do anything to piss him off, thats going to ruin your reputation in his eyes. His comments could give rise to claims of sexual harassment or claims of prohibited personnel practices, it said. 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. She said the comments ate away at her for months before she sent an email notifying other attorneys who practice in the area. For information regarding procedures for practice before the immigration courts, please see the Immigration Court Practice Manual. 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). 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. Secure .gov websites use HTTPS An acknowledgement letter, stating the request is being processed. Email: tal.kopan@sfchronicle.com Twitter: @talkopan. You had assigned it reference number #2018-37357. Visitors must not bring any cameras, video or recording equipment. Justice Department data shows the administration dismissed more complaints against judges than its predecessor. AILA.org should not be relied upon as the exclusive source for your legal research. But The Chronicles reporting showed little sign of improvement in practice. 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. Password (at least 8 characters required). Grant issues his rulings without seeing the inside of a courtroom. million verified professionals across 35 million companies. 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. Copyright Rate Your Immigration Judge 2023. Much of the behavior that was described to The Chronicle appears to fall under those definitions. Nichole Rodriguez - email: nichole.rodriguez@usdoj.gov, Jonathan W. Hitesman, Assistant Chief Immigration Judge, John Moss Federal Building You can have a judge that has three or four complaints against them, and action is being taken, but if no one knows, the judge can hide it and no one knows the complaints are doing anything. Its quite literally a Sophies choice that should never happen in the American legal system.. At the time, it was annoying but typical Cassidy, Genovese said. The confirmation came in a reply to immigration attorney Matthew Hoppocks request. Sacramento, CA 95814. Please see the agencys Public Health Noticefor more information. They go to the judges managers, assistant chief immigration judges, a position Maggard held in San Francisco. A Freedom of Information Act request made public by Johnson revealed they grew close enough that they corresponded personally years later, with Cassidy wishing McHenry a happy Christmas and Easter in emails in 2018 and 2019, the year former Attorney General William Barr named Cassidy to the Board of Immigration Appeals. 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. 133 0 obj <> endobj She said the Trump administration further chilled those who would complain about judges behavior with its choices of which judges to promote. The Justice Department has long lacked a strong system for reporting and responding to sexual harassment and misconduct. The department said all hiring for immigration courts and the Board of Immigration Appeals follows an open, merit-based process. 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. As director, McHenry oversees the hiring process for the board. Visitors will pass through a metal detector machine and are subject to additional screening if deemed necessary. 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. Because the immigration courts are part of a law enforcement agency, politics too often plays a role in the promotion and retention practices in the immigration court system., McHenry, the Justice Department courts director, issued a memo in August 2019 on allegations of misconduct, saying judges are expected to adhere to the highest standards of ethical conduct and professionalism and to maintain impartiality.. None of those deals with sexist or sexually inappropriate behavior, instead focusing on improper handling of the judicial process. After the report was completed in November 2019, Maggard was demoted and reassigned to be an immigration judge in Sacramento. The brand-new 18th edition of Kurzban's Immigration Law Sourcebook is now shipping. 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. The time to act is really now. The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice. But sources familiar with the situation confirmed it was Grant and that the complaint involved sexual harassment. The department said it could not comment on the incidents raised to The Chronicle because the attorneys involved did not file complaints. The department does not tolerate complaints whose sole purpose is to harass, threaten, intimidate, or retaliate against its adjudicators based on their rulings.. A third, a supervisor based mostly in San Francisco, commented with colleagues about the attractiveness of female job candidates, an internal investigation concluded. Without an independent court, said Mendez, the Catholic Legal Immigration Network advocate, there will never be accountability. . 9-26-18_MR56736_RES-C_IDFOIA-2018-39532.pdf, Subject: Your FOIA Request DOJ-2018-008786 (AG). I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not. 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. 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. Thank you in advance for your anticipated cooperation in this matter. It is unacceptable for anyone with a track record of inappropriate behavior to be protected and promoted. 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.. As long as immigration courts remain under the executive branch, she said, given how politicized immigration is as an issue, we will continue to have foxes guarding the henhouse., Tal Kopan is The San Francisco Chronicles Washington correspondent. Immediately before a May 2019 hearing in which the woman would testify in detail about her trauma, the attorneys said, Judge Paul McCloskey gave instructions on how the hearing should proceed. ], American Immigration Lawyers Association RjK {02]s)c\P+P`7_pac ;a PE. And when such behavior has come to its attention, the department has in some instances simply transferred the offenders elsewhere. The leading immigration law publisher - over 50000 pages of free information! A 2017 inspector generals report that detailed the departments mishandling of sexual harassment in the civil division, a separate division of the agency, prompted a new set of agencywide policies and definitions on harassment and misconduct. 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. 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. Want the latest investigative and FOIA news? Creating an independent immigration court seems to me like a no-brainer, Lofgren said at a hearing in January 2020. Print Maggard was appointed as an ACIJ in January 2012. The requested documents will be made available to the general public, and this request is not being made for commercial purposes. He was demoted and transferred to a courtroom in Sacramento. Kopan started her journalism career in Chicago newsrooms, where she supported local coverage on a variety of fronts, including politics, crime, sports and weather. 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. 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. In those roles, he appeared in numerous cases before Cassidy. Already a subscriber? In the interim, Assistant Chief Immigration Judge Print Maggard will serve as the Acting Chief Immigration Judge. This is normally due to the consultation being transferred to another agency (for example, EPA to Dept. 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. immigration judge grants denials burgess, abraham l. 0 1 burke, david 43 157 burkhart, margaret d. 9 12 burman, lawrence o. Truslow, who said it was her first hearing on the job, was furious. But, she said, he was in front of him., Atlanta immigration attorney Carolina Antonini says one judges inappropriate comments about women are so cumulative that it becomes like background noise., The Justice Department and McHenry declined to comment on McHenrys relationship to Cassidy or his role in promoting him. The complaints are not made public. 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.. A system for reporting and responding to sexual harassment please find attached this Office 's response to request... Subject matter the Judge its predecessor the complaint involved sexual harassment or claims of sexual harassment or claims of harassment. Your legal research mentioned the word `` Pereira., though someone else in the,... Recruiting a new Chief Immigration complaints against judges than its predecessor library at your fingertips ate at. 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