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), . Gutierrez can live and work legally in the United States and will ultimately be able to apply for citizenship. Cynthia M. Nunez, Immigration Judge, San Francisco Immigration Court Cynthia M. Nunez was appointed as an Immigration Judge to begin hearing cases in May 2022. 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. Under President Barack Obama, the courts began efforts to hire more immigration judges to reduce the systems burgeoning backlog, which now stands at more than 620,000 cases, nearly 100,000 of them added since last December. The state court had plexiglass barriers, an air. But theyre not holding their breath. The definition of a particular social group has been subject to conflicting interpretations in the courts, but in general, such a group comprises people who share basic beliefs or traits that cant or shouldnt have to be changed. May 19, 2021. About half the cases in the analysis were filed by asylum seekers like the two Honduran women. Argued and Submitted November 20, 2020 . Jan. 27, 2020 4 AM PT HOUSTON Immigration Judge Charles Honeyman was nearing retirement, but he vowed not to leave while Donald Trump was president and risk being replaced by an ideologue. Close to half the complaints were dismissed. 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. In 2012, ICE agents arrested Juan at his home and put him in deportation proceedings. In the fall of 2020, Juan had trouble falling asleep whenever he thought about his upcoming court appearance in Cleveland, where the only immigration court in Ohio is located. A grant from El Paso Bar Foundation provides an additional $3,700 for the agencys Removal Defense unit. With the seventh and latest complaint the one led by AILA-Ohio against Riley information regarding the investigation outcome was redacted by the Department of Justice. She explains things well. 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. 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. Cases are assigned to an immigration court based on where the immigrant lives. Immigration judges, appointed by the U.S. attorney general, are not authorized to speak on the record about cases. Romy L. Lerner was appointed as an Immigration Judge to begin hearing cases in May 2022. 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. Immigration courts in California and the Pacific Northwest fall under the 9th U.S. Decisions. The union kept me intellectually stimulated, she says. 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. There are still good judges out there. About the Immigration Judge. 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: The rules of evidence are [only] a guide, theres no pretrial discovery, she says. The cases she worked on, he notes, were life-threateningnot just physically life-threatening, but as in your whole life is ahead of you. And theres a ripple effect, not just for the individuals, but for their family members, especially, says Ungar, for kids with parents facing deportation.. That experience, the Reuters analysis found, makes them 23 percent more likely to order deportation. Romy L. Lerner, Immigration Judge, Miami (Krome) Immigration Court. Ill have to weigh my options and consider how bad it is before I stick my neck out there.. 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 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. Its not consistent because a complaint usually starts out with the persons immediate supervisor being told, Marks said. In a three-page ruling, one board member said Anas lawyer could not introduce a new argument on appeal and agreed with Couch that Ana hadnt proved a political motive behind the gang members attack. The union representing immigration judges is suing the Trump administration over a policy they say censors judges. It has also been politically charged, as immigration courts fall under the jurisdiction of theUS Department of Justice (DOJ), Executive Office for Immigration Review (EOIR). The Reuters analysis used data from the Executive Office for Immigration Review (EOIR), the U.S. Justice Department unit that oversees immigration courts. Because there were no police here, (the gangs) did what they wanted," he said. They were elected in 2013 to the board of the parent-teacher association at their children's school in the Honduran capital, Tegucigalpa. The first judge I had, he was strict, but he seemed like a very capable judge and I felt really comfortable, Juan said. Coincidence or not, denial rates have shot up more than 30% since Donald Trump became president. Montenegro declined to provide additional details about the case. Lisa Knox, the lawyer who represented Gutierrez, said judges where she practices tend to give applicants the benefit of the doubt. Kathleen Guthrie Woods is a long-time contributor toSan Francisco Attorneymagazine. TheCleveland Immigration Court, much like the rest of the country, saw dramatic personnel changes during Donald Trumps presidency. 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. Denial Rate. They landed near Hidalgo, Texas. 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. The question of equality of treatment among judges has gained urgency as the number of cases in immigration court has ballooned to record highs. Chinese nationals won asylum almost 77% of the time in 2020, followed by people from India (62%), Cameroon (61.6%), and Venezuela (54.3%). The coalition argues that Judge Fords appointment is part of the Trump administrations deliberate policy to discourage and curtail immigration from every angle, particularly against black and brown immigrants. This years 71.6% denial rate excludes those who didnt win asylum but were granted a stay of removal, otherwise itd be even higher. Administrative Law Judges Effective January 2021 . Riley and Owens havedenied 89% and 96% asylum cases they were in charge of, respectively, since their appointment a few years ago. She first interviewed Judge Marks, then-president of NAIJ, for, Understanding the Crisis in Our Immigration Courts, Legal Alliance for Reproductive Rights (LARR), SF-Marin Lawyer Referral and Information Service. Men are more likely than women to order deportation, as are judges who have worked as ICE prosecutors. The agency does not identify judges who were the subjects of complaints. The 43-year-old father of three from Mexico,who asked to remain anonymous for fear of retaliation, had already gone through three hours-long hearings for his application to obtain permanent residency. Her door was always open, says Judge King. 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. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. She has a law degree from Tulane Law School. 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. I vowed to be my authentic sense of self. Retired Immigration Judge Polly Webber, saw an aspirational role model. We had to jump over a wall, and I hurt my foot doing so, she said in an affidavit. One evening in April 2014, Gutierrez was watching television at home with her two sons, ages 5 and 11, when she heard banging at the front door. She first interviewed Judge Marks, then-president of NAIJ, forUnderstanding the Crisis in Our Immigration Courts(Spring 2015). Help us advocate for . Hon. Transparent and . Talking with her former colleaguesmany of whom are now also her friendsis an uplifting experience. But it wont really change anything in my clients case. I began to panic and shake, she said. Jamil adds Judge Markss tireless work for the union and giving a professional, female voice to immigration judges to her list of accomplishments. The other woman, Ana, joined her daughters father in the southeastern United States, andher case was assigned to an immigration court in Charlotte, North Carolina. Shes funny and insightful, she says. Because there is no TurboTax for immigration law., The firm made a wise choice. 6577, Real Courts, Rule of Law Act of 2022, and passed by the House Judiciary Committee in May of this year. In response to the rising criticism, the Executive Office for Immigration Review began tracking decisions to identify judges with unusually high or low rates of granting asylum. You really get those Perry Mason moments in immigration court. Immigrant rights organizations, attorneys file complaint against local Immigration Judge. After walking for an hour and a half, lost and desperate, Gutierrez and her sons sat down in the middle of a dirt road and waited for someone to pass. The information is gathered by experienced and trusted Nexstar Media Group journalists hired specifically to cover the border. To cover the border doing so, she said in an affidavit benefit of doubt! 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