For information regarding procedures for practice before the immigration courts, please see the Immigration Court Practice Manual. This is normally due to the referral being transferred to another agency (for example, EPA to Dept. ( 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. Phones and electronic devices must be silenced in the court lobby. 15071511 | Dated July 15, 2015 | File Size: 467 K. EOIR announcement that Brian M. OLeary is returning to the Arlington Immigration Court as an immigration judge. American Immigration Lawyers Association. After the report was completed in November 2019, Maggard was demoted and reassigned to be an immigration judge in Sacramento. Copyright 1993-document.write(new Date().getFullYear())
million verified professionals across 35 million companies. JugePrint was appointed as a DCIJ in November 2015. You have to know whats happening with clients, competitors, practice areas, and industries. As necessary and when appropriate, individuals with medical conditions that prevent them from wearing a face covering should alert the judge to their situation. AILAs Advocacy Action Center allows you to advocate for legislative and policy reforms consistent with AILAs principles and priorities. 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. Nothing on AILA.org constitutes legal advice, and information on AILA.org is not a substitute for independent legal advice based on a thorough review and analysis of the facts of each individual case, and independent research based on statutory and regulatory authorities, case law, policy guidance, and for procedural issues, federal government websites. Search the AILALink database for all your practice needsstatutes, regs, case law, agency guidance, publications, and more. The complaints are not made public. Supervisors of judges have also engaged in behavior that could give rise to harassment or misconduct claims, according to a 2019 Justice Department inspector generals report obtained by The Chronicle. 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. About the Court | Contact the Court | Public Health | Immigration Court Procedures | Helpful Links, Internet-Based Hearings Access Information. 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? But at the end of the day, I know how far a complaint could take me. Subject: RE: Freedom of Information Act Request #2018-37357. 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. The very structure of the courts creates the conditions that allow bad actors to escape consequences, experts say. 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. 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). 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. The department said all hiring for immigration courts and the Board of Immigration Appeals follows an open, merit-based process. Attorney General H. Eric Holder Jr. appointed Judge Daugherty to begin hearing cases in November 2015. Nichole Rodriguez - email: nichole.rodriguez@usdoj.gov, Jonathan W. Hitesman, Assistant Chief Immigration Judge, John Moss Federal Building His comments could give rise to claims of sexual harassment or claims of prohibited personnel practices, it said. The National Association of Immigration Judges said it supports an overhaul of the departments complaint process. The entire e-mail messages is responsive to this request, and the agency can't redact parts without citing a FOIA exemption. hbbd``b`Z ], American Immigration Lawyers Association
Another has been banned for more than seven years from the government building where he worked after management found he harassed female staff, but is still deciding cases. The redactions in these e-mail messages are improper because most do not cite any valid exemption under the FOIA. 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. 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). Judge Daugherty is a member of the Ohio Bar. Law360 takes your privacy seriously. In such cases, The Chronicle has complete knowledge of the unnamed person's identity and of how that person is in position to know the information. The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice. 703-305-0289 (phone)PAO.EOIR@usdoj.gov. The Office of the Chief Immigration Judge (OCIJ) is headed by the Chief Immigration . endstream
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2. 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. To maintain appropriate social distancing and best facilitate hearings, you may be asked to move or leave a particular area. 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. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. Any materials or objects of any kind that could be used as a weapon are prohibited. From: Department of Justice, Executive Office for Immigration Review. Subject: FW: status inquiry by MuckRock FOIA#2018-37357. The recording was provided to The Chronicle by the womans attorney, Genovese, who was practicing in Atlanta with the Southern Poverty Law Center. Already a subscriber? Two commercial parking lots, open and covered, are within walking distance to the building. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not. endstream
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Judge-by-Judge Asylum Decisions in Immigration Courts Before and After the Attorney General's Directive : Denial Rate : Immigration Court: . OFFICE OF THE CHIEF IMMIGRATION JUDGE . 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. Maggard did commit clear personnel misconduct, the investigators concluded. EOIR's immigration judges conduct administrative court proceedings in immigration courts located throughout the nation. Please do not reply to this e-mail, as this account is not monitored. MuckRock is a non-profit collaborative news site that gives you the tools to keep our government transparent and accountable. The calendars for Print Maggard and James McHenry for the month of June, 2018. A Chronicle investigation revealed numerous similar instances of harassment or misconduct in the courts, and found a system that allows sexually inappropriate behavior to flourish.
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And if someone says, No, no, you have to identify it, and you cannot, they say, Well, it doesnt exist., Atlanta immigration attorney Hiba Ghalib says of a judges comments: There was never anything so direct that it was anything I could file a complaint on it was just uncomfortable and annoying., Hiba Ghalib, an attorney who practices in Atlanta, said of Cassidys behavior: There was never anything so direct that it was anything I could file a complaint on it was just uncomfortable and annoying. SF Chief IJ Print Maggard will be the acting chief IJ for EOIR until replacement for departing Chief OLeary is found. The new immigration judges were appointed by U.S. Attorney General Loretta E. Lynch. 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. Masters of Public Administration (Organizational Leadership), Bachelor of Science (BS) (Psychology, Biology, Chemistry), If you're not automatically redirected, please click here. Truslow, who said it was her first hearing on the job, was furious. Maggard did not respond to requests for comment. All correspondence mentioning "Pereira" to or from James McHenry or Print Maggard. 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. Print Maggard was appointed as an ACIJ in January 2012. Although the supervisors name was blacked out, multiple sources familiar with the contents of the report confirmed it was Print Maggard. 9-26-18_MR56736_RES-C_IDFOIA-2018-39532.pdf, Subject: Your FOIA Request DOJ-2018-008786 (AG). Attorney General Loretta E. Lynch appointed Judge Simpson to begin hearing cases in November 2015. WASHINGTON One judge made a joke about genitalia during a court proceeding and was later promoted. When all the requests have been completed, appropriate documents will be posted in the FOIA reading room IAW the "rule of 3". 161 0 obj
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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.. Try our Advanced Search for more refined results. The comments occurred before the judge opened the recorded portion of the hearing, they said. This is one of 5 FOIA requests for Pereira materials. EOIR's Office of the Chief Administrative Hearing Officer adjudicates immigration-related employment cases. 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 attorneys were not identified by name in the report. The Justice Department has long lacked a strong system for reporting and responding to sexual harassment and misconduct. It is unacceptable for anyone with a track record of inappropriate behavior to be protected and promoted. :.bCI*|p=5-T?n69e$[%iml!. In that moment, am I thinking that I might be perpetuating sexism in the system? 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. Its quite literally a Sophies choice that should never happen in the American legal system.. 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. Judge Maggard received a . 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. He and his colleagues are the next-to-last hope for immigrants. She said the comments ate away at her for months before she sent an email notifying other attorneys who practice in the area. A separate PDF reading app may be necessary. The 11 new judges, who were appointed by Attorney General Jeff . I look forward to receiving your response to this request within 20 business days, as the statute requires. To have her deportation canceled, she had to convince Cassidy she was deserving and had a reason to stay in the U.S. That reason, she testified, was her school-age daughter, who was born prematurely and had special needs. 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. In one instance, captured on courtroom audio, Cassidy had just granted relief from deportation in 2019 to a green card holder from Germany. The director of the courts in the department, James McHenry, spent 2005 to 2010 and 2011 to 2014 in Atlanta as an attorney for the Immigration and Customs Enforcement office that prosecutes immigration court cases. 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. Search over 700 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. 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. 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 Chronicle reported in October that the Trump administration canceled all diversity training, including for immigration judges. like this one. The Chronicle's detailed policy governing the use of such sources, including the use of pseudonyms, is available on SFChronicle.com. If they lose before the board, their only hope of avoiding deportation is a long-shot case in federal appellate courts. Subject: RE: Freedom of Information Act Request #FOIA-2018-39532. Please find attached this Office's acknowledgment of the above-referenced request. 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.. Window Filing Hours: 8 a.m. - 4:00 p.m. 3. Please remember this while choosing to enter an elevator. 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. 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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.. If the current person in charge didnt know him, I would get it, Antonini said of Cassidys promotion. From May 2009 to December 2011, Judge Maggard served at the San Francisco Immigration Court as an immigration judge. Please allow for additional time to go through the security screening process. 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. The light rail train and buses stop on the 8th Street side of the building. Anonymous sources: The Chronicle strives to attribute all information we report to credible, reliable, identifiable sources. Presenting information from an anonymous source occurs extremely rarely, and only when that information is considered crucially important and all other on-the-record options have been exhausted. 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. Password (at least 8 characters required). Denise Slavin, who served as an immigration judge from 1995 to 2019, is president emerita of the union that represents immigration judges and still advises the organization. Kopan graduated with honors from the University of Chicago. 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. But in practice, there is little to prevent judges from retaliating against someone who complains, attorneys say. 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. Metered street parking is nearby. 102 Petty France, London, Greater London SW1H 9AJ, GB, View [[To print the PDF on this page please use the print function in the PDF reader. 3. But sources familiar with the situation confirmed it was Grant and that the complaint involved sexual harassment. H|TQo0~W=
cTUjVjRHPv~wp||g>9Y7uQpr}Qn{XE-FY+ J8-LXm+.:r)vhPA];H,X#ABWu0(%(@iDc0m? 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. The departments main objectives are to enforce the law and defend the interests of the U.S. according to the law; to ensure public safety against threats foreign and Find contact details for 700 million professionals. 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. Similar Profiles. An immigration judge might retaliate against the advocate by punishing her clients and these are people fleeing persecution, rape and even death, Mendez said. Courts located throughout the nation it, Antonini said of Cassidys promotion adjudicates... Phones and electronic devices must be silenced in the report confirmed it was Grant and that complaint. Transferred to another agency ( for example, EPA to Dept judges were appointed by attorney General Jeff to. Eoir ) is headed by the Chief administrative hearing Officer adjudicates immigration-related employment cases as... Facilitate Hearings, you may be asked to move or leave a particular area an agency within Department! Francisco immigration Court practice Manual Contact the Court lobby the referral being transferred to another (! Department said all hiring for immigration Review ( EOIR ) is headed by Chief! Be used as a weapon are prohibited these e-mail messages are improper because most do not cite any valid under! 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