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. Contact the Court Hours: Opening for Filings Only Court Hours: 8 a.m. - 4:30 p.m. In EOIR space, staff or signs may direct you to a seat. He said, Good testimony should be like a skirt should be long enough to cover everything but short enough to keep it interesting, both attorneys recalled in an interview. An official website of the United States government. Try our Advanced Search for more refined results. 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. Complaints about immigration judges are not made public. The Chronicle's detailed policy governing the use of such sources, including the use of pseudonyms, is available on SFChronicle.com. Falls Church, VA 22041 The National Association of Immigration Judges said it supports an overhaul of the departments complaint process. 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. He also warned attorneys not to make baseless complaints designed to harass, threaten, intimidate, or retaliate against judges. 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. 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. Anonymous sources: The Chronicle strives to attribute all information we report to credible, reliable, identifiable sources. 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. FALLS CHURCH, VA - The Executive Office for Immigration Review (EOIR) today announced the investiture of two immigration judges. The Office of the Chief Immigration Judge (OCIJ) is headed by the Chief Immigration . After the report was completed in November 2019, Maggard was demoted and reassigned to be an immigration judge in Sacramento. Sign up for a free account. Special Work Opportunity - New Immigration Judge Training - September 22, 2017 Deadline.pdf. 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. Subject: RE: Freedom of Information Act Request #2018-37357. Password (at least 8 characters required). Interviews with dozens of attorneys across the country and current and former government officials, as well as internal documents obtained by The Chronicle, show the problems have festered for years. 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. Password (at least 8 characters required). Two commercial parking lots, open and covered, are within walking distance to the building. Face coverings may be required in the courtroom if directed by the presiding immigration judge. Even when Im saying it now, I feel like Im starting to get red in the face, the attorney said. She added that the court system explicitly forbids retaliation.. Want the latest investigative and FOIA news? She said she recoiled at the joke, but didnt find it out of the ordinary for Cassidy. The brand-new 18th edition of Kurzban's Immigration Law Sourcebook is now shipping. The immigration court has put into place procedures to implement the guidance of public health officials. As the woman sniffled audibly, Cassidy told her he had bonded with her over the story, as he also was born prematurely. 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. 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. of Commerce) or to a sub-agency to process it. immigration judge grants denials burgess, abraham l. 0 1 burke, david 43 157 burkhart, margaret d. 9 12 burman, lawrence o. Cassidy said he weighed just 3 pounds at birth. It did not say whether it offers any additional gender sensitivity training for its judges. Attached is this Office's response to the above-referenced request. You have to know whats happening with clients, competitors, practice areas, and industries. 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. ), Create custom alerts for specific article and case topics and, I took a free trial but didn't get a verification email. 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. Please remember this while choosing to enter an elevator. This is normally due to the referral being transferred to another agency (for example, EPA to Dept. But at the end of the day, I know how far a complaint could take me. Acting Chief Immigration Judge Print Maggard presided over the investiture during a ceremony held Nov. 6, 2015, at the U.S. Court of Appeals for the Armed Forces in Washington D.C. After a thorough application process, then-Attorney General Eric H. Holder Jr. appointed Daniel J. Daugherty to his new position, and Attorney General Loretta E. Lynch appointed Jonathan S. Simpson to his new position. Phones and other wireless devices should be turned off before entering courtrooms. Another complaint alleging violations of immigrants rights by Cassidy and other Atlanta judges was filed in 2018 and made public by the Southern Poverty Law Center, which advocates for immigrants and civil rights. Phones and electronic devices must be silenced in the court lobby. This is one of 5 FOIA requests for Pereira materials. SF Chief IJ Print Maggard will be the acting chief IJ for EOIR until replacement for departing Chief OLeary is found. FALLS CHURCH, VA The Executive Office for Immigration Review (EOIR) today announced the investiture of two immigration judges. 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. OFFICE OF THE CHIEF IMMIGRATION JUDGE . Oh, men never answer that question, Cassidy said. But in practice, there is little to prevent judges from retaliating against someone who complains, attorneys say. 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. He was demoted and transferred to a courtroom in Sacramento. ]], [This functionality does not work on your device. Thank you,-----------------------------------------Initial Request StaffOffice of Information PolicyU.S. I remember feeling very, very embarrassed and shaking, and I went completely red. It said the earlier complaints against Cassidy did not include allegations of harassment and showed no evidence he has engaged in serial misconduct.. The entire e-mail messages is responsive to this request, and the agency can't redact parts without citing a FOIA exemption. As Cassidy stood over her, the woman said, the judge added, Are you basically telling me that the carpet doesnt match the drapes?. A copy of documents responsive to the request. In that moment, am I thinking that I might be perpetuating sexism in the system? In the interim, Assistant Chief Immigration Judge Print Maggard will serve as the Acting Chief Immigration Judge. Please see our Privacy Policy. From May 2009 to December 2011, Judge Maggard served at the San Francisco Immigration Court as an immigration judge. 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. 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. An immigration judge might retaliate against the advocate by punishing her clients and these are people fleeing persecution, rape and even death, Mendez said. 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). The immigration courts do have a system for reporting complaints. Biden has proposed legislation that would expand training for judges and give them more discretion to grant protections to immigrants. All visitors to any building or facility in which an EOIR operation is located are required to comply with all relevant laws or policies governing access to those buildings or facilities. Please let me know when I can expect to receive a response, or if further clarification is needed. 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. The Justice Department cited its policy of not commenting on personnel matters in refusing to answer questions about Maggards conduct. 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. As necessary and when appropriate, individuals with medical conditions that prevent them from wearing a face covering should alert the judge to their situation. EOIR's Office of the Chief Administrative Hearing Officer adjudicates immigration-related employment cases. Maggard, Print: 86-47.7: Other courts (by base city): Arlington: Crosland, David W. 184-31.0: Churchill, Joan V. 257: 75.9-Malphrus, Garry D. 322: Law360 may contact you in your professional capacity with information about our other products, services and events that we believe may be of interest.Youll be able to update your communication preferences via the unsubscribe link provided within our communications.We take your privacy seriously. Copyright 1993-document.write(new Date().getFullYear()) Law360 provides the intelligence you need to remain an expert and beat the competition. Maggard did not respond to requests for comment. But investigators wrote in the full report that they substantiated such allegations against Maggard and other supervisors. Try our Advanced Search for more refined results. It is not a system designed to protect complainants. It really took them pointing out how serious this behavior was for me to realize that this is not ordinary behavior for other (federal) judges. All items will pass through an x-ray machine and are subject to manual inspection if deemed necessary. The immigration courts are housed within the Justice Department, meaning the judges are hired directly by the attorney general, a political appointee with a policy agenda. 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. Six of the 11 complaints resulted in no consequences, either because managers couldnt substantiate the allegations after reviewing the record or the issues raised were matters to be decided in the appeals process. His comments could give rise to claims of sexual harassment or claims of prohibited personnel practices, it said. 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. Public transit is available via SacRT. Any materials or objects of any kind that could be used as a weapon are prohibited. Acting Chief Immigration Judge Print Maggard, who presided over the investiture during a ceremony held on January 29, 2016, stated that the new immigration judges would help decrease EOIR's pending caseload. %%EOF To maintain appropriate social distancing and best facilitate hearings, you may be asked to move or leave a particular area. Law360 may contact you in your professional capacity with information about our other products, services and events that we believe may be of interest.Youll be able to update your communication preferences via the unsubscribe link provided within our communications.We take your privacy seriously. Other senior managers also commented on the womens appearance, it said. 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? endstream endobj startxref Attorneys say Cassidys behavior should not have been a secret to the Justice Department. 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). 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. As director, McHenry oversees the hiring process for the board. 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