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. I vowed to be my authentic sense of self. Retired Immigration Judge Polly Webber, saw an aspirational role model. Two officials in uniforms picked them up. 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.. Her door was always open, says Judge King. 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. 0% San Francisco; 0% Denver; 0% Dallas, TX; 0% Boston; 0% Los Angeles; 0% Atlanta; Salary Ranges for Immigration Judges. Judge Olivia Cassin in New York City allows immigrants to remain in the country in 93 percent of cases she hears. So far, it hasn't. Likewise, the Biden administration last month said it would seek a 21 percent increase to the budget for immigration courts, good enough to hire 100 new immigration judges to begin to ease the courts' massive backlog. The Trump administration filled the openings and expanded the size of the bench,appointing 10 judges who currently make up the court. Updated 10:55 AM EDT, Wed July 1, 2020 Link Copied! It is painfully apparent how much the clients we serve have overcome throughout their lives, says Roxana Moussavian, immigration attorney at Pangea Legal Services. Who is Judge Marks, and how did she positively influence and impact so many lives? 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. Individuals can sign up for a court watch training at bit.ly/courtwatch1. Transparent and . Despite having no immigration law experience, Ford was appointed as a San Francisco Immigration Judge by Attorney General William Barr in 2019 after retiring from his judgeship in Cook County, Illinois. She is known for her fierce advocacy for the court. 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. Chinese nationals won asylum almost 77% of the time in 2020, followed by people from India (62%), Cameroon (61.6%), and Venezuela (54.3%). (Neither Holyoak nor Couch worked as an ICE prosecutor, according to their EOIR biographies. Threatened by gangs in Honduras, two women sought asylum in the United States. Two of them grabbed Ana and her daughter, pinned their wrists behind their backs, and pointed a gun at the childs head. The coalition has urged EOIR to thoroughly investigate IJ Fords conduct and take appropriate action to ensure that individuals who appear in the San Francisco Immigration Court are treated with due process, dignity, and respect. Weeks apart, in the spring of 2014, each of the women was confronted by armed gang members who vowed to kill them and their children if they didnt meet the thugs demands. Many immigrants released on bond before their cases are heard have no idea that where they settle could make the difference between obtaining legal status and deportation. The courts facedand continue to grapple witha crisis of backlogged cases. The Executive Office for Immigration Review had 2,383 employees in 2015 with an average pay (base salary + bonus) of $118,095.97. She perseveres solely because she believes it is important to make a difference wherever you can.. This years 71.6% denial rate excludes those who didnt win asylum but were granted a stay of removal, otherwise itd be even higher. Appearing in IJ Fords courtroom was a reminder that immigration courts are arenas ripe for traumatization and dehumanization, especially in the context of xenophobic administrations. I got in that moment what that was going to be. They said they would kill me and my children. 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. In 2012, ICE agents arrested Juan at his home and put him in deportation proceedings. 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. 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. The clients loved her, says Ungar. In the San Francisco court, Gutierrezs lawyers argued that she qualified for asylum because as a leader of the parent-teacher association, she was at risk for her political opinion her stand against gangs and for belonging to a particular social group of Hondurans opposed to gang violence and recruitment in schools. Robert S. Hough had the highest denial rate (92.2%), according to TRAC. IJ Ford felt empowered to shout at and accuse my client throughout the hearing, showing little regard for the fact that she was a human being in his courtroom, said Omar de la Cruz, immigration attorney at Centro Legal de la Raza. But we have to address these bad judges.. Help us advocate for . Within each court, cases are assigned to judges on a random, rotational basis. You really get those Perry Mason moments in immigration court. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. To give spirit to the letter of this budget . Decisions. Ana moved with her daughter to live with her daughters father and petitioned to have her case moved to Charlotte. 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. BETWEEN WORLDS: Tens of thousands of Central Americans fleeing violence in their home countries overwhelmed U.S. immigration facilities like this one in Nogales, Arizona, in 2014. STEP 1: Arrive in the U.S. From 2015 to 2022, she was the Associate Legal Aid at Work. 2020-03-20T04:49:42Z Early in 2020, the immigration case backlog eclipsed 1 million, and the San Francisco court handles the second largest load in the country, roughly 70,000 cases. Judge. Some of those asylum seekers told Border Report recently they hope their chances will improve once Joe Biden takes over the White House. She deeply cared about due process, says Ugarte. Immigrant rights organizations, attorneys file complaint against local Immigration Judge. See how your salary compares to other Immigration Judges with Comparably. 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. The Government Accountability Office studied some proposals for reform in 2017, without endorsing any particular model. They have more understanding of trauma survivors and the difficulty they might have in recounting certain details and little discrepancies, she said. The mission of BorderReport.com is to provide real-time delivery of the untold local stories about people living, working and migrating along the U.S. border with Mexico. They had confidence in her that she was doing everything she could for them. She demonstrated this on a national level in October of 1986 when Judge Marks (along with Bill O. Hing, Susan Lydon, and Kip Steinberg) argued on behalf of Luz Marina Cardoza-Fonseca before the US Supreme Court (. Posted November 10th, 2015. But it wont really change anything in my clients case. These are people were dealing with, says Judge Stockton, people who are nervous, if not terrified, and Judge Marks has a gift for helping them feel more at ease in the courtroom. U.S. immigration courts are administrative courts within the Department of Justices Executive Office for Immigration Review. *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). She made it more proactive, trying to affect the law. Jeremy J. Butler, Immigration Judge, San Francisco Immigration Court. Immigration court doesnt have contempt, so I had to use charm, she says. Their stories illustrate what a Reuters analysis of thousands of court decisions found: The difference between residency and deportation depends largely on who hears the case, and where. Of the 28 immigration judges Sessions has appointed so far, 16 are former ICE prosecutors. Lt. Jonathan Scott Simpson '95 has been appointed Immigration Judge, San Francisco Immigration Court, by the Executive Office for Immigration Review. She works as an office janitor and is taking English classes. 2018 or 2020, and 5% or . Most of themare former government attorneys, and five used to prosecute immigration cases on behalf of the Department of Homeland Security. While in Cook County, Ford was accused of complicity in a Chicago police torture scandal that targeted Black people and used torture to coerce criminal confessions for over two decades. I saw the denial coming after seeing everything that Judge Riley was doing. Gail Montenegro, EOIRs Midwest regional public information officer, declined to comment on the allegations against Riley but said the agency has a well-established process for handling complaints against immigration judges. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. 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. The older one, once threatened by gangs in Honduras, likes studying history and math and is learning to play the cello. She helped create an inspiring model for how courtscanbe, says Ugarte, and Judge Webber states, simply, She inspires people all the time., While she has had some limelight in her career, the vast majority of her work has been thankless, says Judge King. 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. Freedom for Immigrants is a 501(c)(3) non-profit based in California. 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. For example, courts ruled in favor of Chinese immigrants 75 percent of the time, the Reuters analysis found. Attorney General William P. Barr appointed Jeremy J. Butler as an immigration judge in June 2020. TheCleveland Immigration Court, much like the rest of the country, saw dramatic personnel changes during Donald Trumps presidency. She explains things well. 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. There is a fine line between judges taking a harshstance on immigration and their exhibiting unprofessional behaviors, saidPaul Schmidt, aformer immigration judge based in Arlington, Virginia, who retired in 2016. Its an emotionally trying job. The administration of President Donald Trump is continuing the effort. SAN FRANCISCO (BCN) It did not take U.S. Immigration Judge Nicholas Ford long to stir up controversy in San Francisco. In Charlotte, immigrants are ordered deported in 84 percent of cases, more than twice the rate in San Francisco, where 36 percent of cases end in deportation. Shes funny and insightful, she says. Hondurans enjoy no special considerations. From there, cases can be appealed to federal appeals court. Two rival gangs the Barrio 18 and the Mara Salvatrucha, also known as MS-13 were operating brazenly in the neighborhood. Sandra Gutierrez joined her husband in California, where her case was heard by a San Francisco immigration court judge. Judge Marks also thrived in this arena because she saw beyond the expectation that her role was solely to facilitate deportations; she saw the humanity inherent in the proceedings. During his time as an Immigration Judge, Ford has consistently terrorized community members through his hostile and unprofessional treatment of those in his courtroom. REUTERS/Ross D. Franklin/Pool/File Photo. 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 average salary for an Immigration Judge is $72,811 per Year in the United States. Further, Knox said, asylum seekers arent thinking about the finer points of U.S. asylum law when they are fleeing persecution. 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. Groups like the Southern Poverty Law Center allege the Attorney Generals Office has weaponized the nations asylum courts against immigrants of color. She joined another woman and, with their children, they set out to cross Mexico. She remains active today as president emerita. They hoped that mothers working together could oust the violent gangs that plagued the campus. She helped start that trajectory, says Shugall. 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. John W. Richardson, Immigration Judge, Phoenix, 1990-2018. . More than 300 judges are spread among 58 U.S. immigration courts in 27 states, Puerto Rico and the Northern Mariana Islands. Possible outcomes include asylum; adjustments of status; stay of deportation; and deportation. The question of equality of treatment among judges has gained urgency as the number of cases in immigration court has ballooned to record highs. I vowed to be my authentic sense of self. Retired Immigration Judge Polly Webber, saw an aspirational role model. Knowing that providing legal advice to asylum seekers can make a difference, one El Paso nonprofit applied for and got two private grants to provide these services. The Reuters analysis also found that an immigration judges particular characteristics and situation can affect outcomes. In July, the BIA granted Ana the right to a rehearing in immigration court, sending her case back to Charlotte, where it could be heard again by Couch. Having legal representation increases the chances of winning an asylum case five-fold, said Melissa M. Lopez, executive director of the El Paso-based nonprofit. She was our fearless leader in the union, says Judge King, who was Union site representative in San Francisco while Judge Marks was president. Judge Marks faced daunting challenges during her tenure. Decisions can be appealed to the Board of Immigration Appeals, an administrative body within the Department of Justice. Litigating before the US Supreme Courtand winningmight be the pinnacle of many legal careers, but Judge Marks was not one to sit on her laurels. Hesaid he was nervous and exhausted when he stepped into the court on Oct.16, 2020, for his fourth hearing. 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. Judge Dalin Holyoak, who heard Gutierrezs case in San Francisco, orders deportation in 43 percent of cases. 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