Please do not bring people with you into EOIR space unless they are required to be present for your hearing. The National Association of Immigration Judges said it supports an overhaul of the departments complaint process. The George Washington University Law School, University of the Pacific - McGeorge School of Law, {{ userNotificationState.getAlertCount('bell') }}. Without an independent court, said Mendez, the Catholic Legal Immigration Network advocate, there will never be accountability. 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. Maggard did not respond to requests for comment. [[To print the PDF on this page please use the print function in the PDF reader. Password (at least 8 characters required). Please see our Privacy Policy. Many attorneys who have practiced before Cassidy say they decided they were better off brushing aside his conduct toward women than filing complaints. %%EOF
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. RjK {02]s)c\P+P`7_pac
;a PE. Its a problem that Bidens administration has inherited. 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. I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on June 24, 2018. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. Face coverings may be required in the courtroom if directed by the presiding immigration judge. H\ d100Ag The investigation of sexually inappropriate behavior is tucked away in the inspector generals report, which is mainly about personnel misconduct, and was left out of a public summary. The leading immigration law publisher - over 50000 pages of free information! But at the end of the day, I know how far a complaint could take me. 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. 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. 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. SF Chief IJ Print Maggard will be the acting chief IJ for EOIR until replacement for departing Chief OLeary is found. Judge Print also served as an Immigration Judge at the San Francisco Immigration Court from May 2009 to December 2011. Any records referencing phone conferences regarding the Supreme Court's decision in Pereira v. Sessions from June 21, 2018 to the date this FOIA request is processed. 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. Tal Kopan is the Washington Correspondent for The San Francisco Chronicle. Law360 takes your privacy seriously. The entire e-mail messages is responsive to this request, and the agency can't redact parts without citing a FOIA exemption. You have to know whats happening with clients, competitors, practice areas, and industries. The agency expects parties and stakeholders to raise legitimate concerns about conduct, rather than simply make ad hominem attacks against adjudicators or express disagreement with the outcome of a particular case, McHenry wrote. They requested anonymity because of the sensitivity of the subject matter. 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 the early 2010s, a womans complaint about Grants behavior caught the attention of then-President Barack Obamas director of the immigration courts, who opened an investigation. Search the AILALink database for all your practice needsstatutes, regs, case law, agency guidance, publications, and more. She said she recoiled at the joke, but didnt find it out of the ordinary for Cassidy. Subject: RE: Freedom of Information Act Request #2018-37357. 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. But making the courts independent would keep the Biden administration from directly changing the system, including firing bad-actor judges. maggard, print 5 4 mahasa, zakia 34 27 mahtabfar, sunita b. Already a subscriber? Sophia Genovese, an immigration attorney, says it was common for immigration judges in Atlanta to make inappropriate remarks. *Dp+_>g6,aP{PZY@JYAT,'JVpL/q2)p0* Much of the behavior that was described to The Chronicle appears to fall under those definitions. The request was for the entirety of each message that mentioned the word "Pereira." %PDF-1.5
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The brand-new 18th edition of Kurzban's Immigration Law Sourcebook is now shipping. Immigration Court Backlog and Reprioritization, AILAs Immigration Law Practice & Procedure Manual, EOIR Announces that Chief Immigration Judge Is Stepping Down. Instead, the report concluded that Maggard exhibited poor judgment and should have avoided such behavior. He received a bachelor of arts degree in 1982 from Western Kentucky University; a masters of public administration in 1987 from Golden Gate University; 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.. Copyright Rate Your Immigration Judge 2023. No, Im thinking I just need to get through this., She added, If all you have to do is force a smile so that your client is not deported, the answer is obvious what practitioners are going to do.. immigration judge grants denials burgess, abraham l. 0 1 burke, david 43 157 burkhart, margaret d. 9 12 burman, lawrence o. (business & personal). This is normally due to the consultation being transferred to another agency (for example, EPA to Dept. 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. EOIR's immigration judges conduct administrative court proceedings in immigration courts located throughout the nation. Sexual harassment has been a recurring problem in the Justice Department itself. 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). For years, women working at the national headquarters of the immigration courts in Falls Church, Va., shared whispered warnings about Judge Edward R. Grant. Washington, DC 20005. All correspondence mentioning "Pereira" to or from James McHenry or Print Maggard. Case documents are sent to and from Grants home, multiple sources familiar with the situation told The Chronicle. He basically said to me, Are you naturally a blonde maybe? Like, I dont get it because Im a blonde, not a brunette, said the attorney, who requested anonymity because she still practices before the Atlanta court and is concerned about the way sexual harassment victims are treated when they go public. How long was I? Additional details for this referral are as follows: * Old Tracking Number: DOJ-2018-007915 * New Tracking Number: DOJ-2018-007915 * Requester Name: Matthew Hoppock * Date Submitted: 08/29/2018 * Long Description: foia referral EOIR. Get contact details including emails and phone numbers Want the latest investigative and FOIA news? Hoppock, who practices in Kansas City, Mo., frequently files requests for information from immigration agencies, which he then makes public. That lewd expression refers to a womans pubic area. Kopan started her journalism career in Chicago newsrooms, where she supported local coverage on a variety of fronts, including politics, crime, sports and weather. 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. It said substantiated allegations will be treated seriously and consistently result in formal discipline up to dismissal.. She said the situation improved in recent years as more supervising judges were placed in the regions they oversee. Copyright 1995-2017 American Immigration LLC, ILW.COM. The department said it could not comment on the incidents raised to The Chronicle because the attorneys involved did not file complaints. There are too many files to display on the request page. MuckRock is a non-profit collaborative news site that gives you the tools to keep our government transparent and accountable. 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.. 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. The redactions in these e-mail messages are improper because most do not cite any valid exemption under the FOIA. Any records referencing phone conferences regarding the Supreme Court's decision in Pereira v. . 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. As necessary and when appropriate, individuals with medical conditions that prevent them from wearing a face covering should alert the judge to their situation. 9-26-18_MR56736_RES-C_IDFOIA-2018-39532.pdf, Subject: Your FOIA Request DOJ-2018-008786 (AG). 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. None of those deals with sexist or sexually inappropriate behavior, instead focusing on improper handling of the judicial process. The actions did not constitute sexual harassment under Justice Department policy, the report said, because the subjects of the comments were unaware of them and the policy requires that the conduct be unwelcome. Maggard was joking with willing colleagues, the report said. She said it wasnt until she told the story to colleagues who worked in other federal courts, and saw them react with horror, that she realized it was uncommon behavior for a judge. AILALink puts an entire immigration law library at your fingertips! The requested documents will be made available to the general public, and this request is not being made for commercial purposes. The 11 new judges, who were appointed by Attorney General Jeff . My assistant chief immigration judge once told me, You would have to murder someone, with an ax, with your robe on and nothing on underneath, in court to get disciplined, Slavin said. I remember feeling very, very embarrassed and shaking, and I went completely red. EOIR's Office of the Chief Administrative Hearing Officer adjudicates immigration-related employment cases. 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. ), Create custom alerts for specific article and case topics and, I took a free trial but didn't get a verification email. Attorney General H. Eric Holder Jr. appointed Judge Daugherty to begin hearing cases in November 2015. Copyright 1993-document.write(new Date().getFullYear())
The new immigration judges were appointed by U.S. Attorney General Loretta E. Lynch. Jonathan S. Simpson, Immigration Judge, San Francisco Immigration Court. Please see the agencys Public Health Noticefor more information. Special Work Opportunity - New Immigration Judge Training - September 22, 2017 Deadline.pdf. AILA Doc. 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. The department said all hiring for immigration courts and the Board of Immigration Appeals follows an open, merit-based process. Please find attached this Office's acknowledgment of the above-referenced request. The changes take effect July 26.. The Chronicle spoke with three people who confirmed the attorney shared the story with them shortly after it happened. Learn how to tackle challenges like finding and retaining affordable staff, working better in a hybrid or remote environment, when and how to raise fees, and much more. Law360 takes your privacy seriously. He cracked a joke, and she was not amused, which Cassidy noticed. Under delegated authority from the Attorney General, immigration judges and the Board of Immigration Appeals interpret and adjudicate immigration cases according to United States immigration laws. Please see Google Maps for a map and directions to the immigration court. AILAs Advocacy Action Center allows you to advocate for legislative and policy reforms consistent with AILAs principles and priorities. The Justice Department cited its policy of not commenting on personnel matters in declining to answer questions to The Chronicle about Grants banishment. 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. Department of Justice, Executive Office for Immigration Review, https://www.foiaonline.gov/foiaonline/action/public/home. FALLS CHURCH, VA - The Executive Office for Immigration Review (EOIR) today announced the investiture of two immigration judges. If the current person in charge didnt know him, I would get it, Antonini said of Cassidys promotion. Prior to 2008, and when not serving as a member of the Navy-Marine Corps Trial Judiciary, Judge Daugherty served in the Marine Corps in various capacities including deputy staff judge advocate, chief trial counsel (prosecution), prosecutor, senior defense counsel, defense counsel, and special assistant U.S. attorney. 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. 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. EOIR is committed to ensuring fairness in all of the cases it adjudicates. 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. 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. PLEASE NOTE: A verification email will be sent to your address before you can access your trial. 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.. A copy of documents responsive to the request. 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 do not reply to this e-mail, as this account is not monitored. 2018-37357 Doc 01a J.McHenry_Calendar_redacted (7 pgs).pdf, 2018-37357 Doc 01b P.Maggard_Calendar_redacted (5 pgs).pdf, 9-26-18 MR56736 RES-C ID#FOIA-2018-39532.pdf, Subject: Your FOIA Request DOJ-2018-007915. Holidays and Emergencies: The immigration court is open Monday to Friday except for federal holidays. logging into FOIAonline (https://www.foiaonline.gov/foiaonline/action/public/home), Hoppock, Matthew, AP-2019-000724, Appeal response letter, Recently Disciplined Attorneys and Updated List (2).pdf, RE_ Recently Disciplined Practitioners, Reinsta.pdf, Detail Opportunities - Las Vegas and Florence.pdf, SPECIAL WORK OPPORTUNITY - BIA Precedent Committee.pdf, Detail Opportunity - Las Vegas (new dates) and .pdf, Recently disciplined attorneys and updated list(5).pdf, Recently Disciplined Practitioners, Reinstated (12).pdf, Recently Disciplined Practitioners, Reinstated (8).pdf, Special Work Opportunity - IJs to Adjudicate Attorney Discipline Cases.pdf, Special Work Opportunity - R&A Cases (On Behalf of CIJ Keller).pdf, Recently Disciplined Attorneys and Updated List(2).pdf, Recently disciplined attorneys and updated list(4).pdf, Atty Discipline Chart Primary (2) email attachment 1-25-18 .pdf, Recently disciplined attorneys and updated list(8).pdf, Supreme Court Published - Sessions v. Morales-Santana.pdf, Special Work Opportunity - New Immigration Judge Training - September 22, 2017 Deadline.pdf, Recently disciplined attorneys and updated list(7).pdf, Special Work Opportunity - survey committee.pdf, Training Topics - New Immigration Judge Traini- email attachment. Make arrangements to arrive in advance of your hearing so you arrive to the courtroom on time. 3. The calendars for Print Maggard and James McHenry for the month of June, 2018. The attorney general alone holds the power to fire immigration judges. The Justice Department has long lacked a strong system for reporting and responding to sexual harassment and misconduct. 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. The Chronicle found examples across the country of judges who have made sexual jokes or who habitually made attorneys or staff uncomfortable in the courtroom. 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.. Judge Daugherty is a member of the Ohio Bar.
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Given the nature of this request, some records are only being released to you as the requester. I look forward to receiving your response to this request within 20 business days, as the statute requires. Kopan graduated with honors from the University of Chicago. The department said all of its employees complete mandatory sexual harassment and misconduct awareness training. At the time, it was annoying but typical Cassidy, Genovese said. Jeff Sessions, U.S. attorney general from 2017 to 2018, addresses incoming immigration judges in Falls Church, Va., in September 2018. But limited available records show that at least 11 complaints have been filed about Cassidy with the Justice Department regarding his in-court conduct toward attorneys, immigrants and even another judge. of Commerce) or to a sub-agency to process it. Maggard did commit clear personnel misconduct, the investigators concluded. In those roles, he appeared in numerous cases before Cassidy. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not. Please remember this while choosing to enter an elevator. FALLS CHURCH, VA The Executive Office for Immigration Review (EOIR) today announced the investiture of two immigration judges. 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. Please let me know when I can expect to receive a response, or if further clarification is needed. OFFICE OF THE CHIEF IMMIGRATION JUDGE . Supervisors concluded that Grant had harassed female staffers, and took an extraordinary step: They banned Grant from the court building. This is normally due to the referral being transferred to another agency (for example, EPA to Dept. The Biden White House did not immediately respond to a request for comment. Attached is correspondence from the Department of Justice's Office of Information Policy, which is associated with the above-referenced Freedom of Information Act (FOIA) request. The Chronicle reported in October that the Trump administration canceled all diversity training, including for immigration judges. of Commerce) or to a sub-agency to process it. Five led to counseling by Cassidys bosses on how he should conduct himself. You had assigned it reference number #2018-37357. But sources familiar with the situation confirmed it was Grant and that the complaint involved sexual harassment. 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. Grant did not respond to requests for comment. Robert P. "Print" Maggard, Immigration Judge Judge Maggard was appointed as an immigration judge in April 2009. Judge Daugherty received a Bachelor of Science degree in 1984 from Defiance College and a Juris Doctor in 1987 from the University of Toledo, College of Law. His comments could give rise to claims of sexual harassment or claims of prohibited personnel practices, it said. From July 2006 . Judge Daugherty also has provided legal services in a number of other positions within the Marine Corps and has served as an assistant county prosecutor. He also warned attorneys not to make baseless complaints designed to harass, threaten, intimidate, or retaliate against judges. U.S. American Immigration Lawyers Association. Its my hope that this hearing will be a first step toward negotiating a bipartisan, workable solution to what is really a crisis in our immigration courts., In her statement, Marks of the National Association of Immigration Judges called an independent court system the only sustainable solution to check against the politics that has plagued the immigration courts over the years.. But in practice, there is little to prevent judges from retaliating against someone who complains, attorneys say. An analysis of those records by Mendezs group, the Catholic Legal Immigration Network, showed only a handful of instances in which judges were suspended. 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. 133 0 obj
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A separate PDF reading app may be necessary. For this man to have such disregard for women particularly in a professional environment, being reminded that we are first and foremost a sex object for some people.. 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. Immigration judges concluded a record 276,000 cases in fiscal 2019 and were on pace to close 400,000 cases in fiscal 2020 before the pandemic ground the immigration court system to a near halt. Complaints about immigration judges are not made public. Official websites use .gov endstream
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Original claim against Grant or the disciplinary letter with hoppock, who practices in Kansas City Mo.... The end of the day, I would get it, Antonini said of Cassidys promotion cases before Cassidy people.
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