Were all humans. She was our fearless leader in the union, says Judge King, who was Union site representative in San Francisco while Judge Marks was president. Well-established law recognizes family as a protected social group, according to the Center for Gender & Refugee Studies. Anas assertion that she learned from Gutierrez in detention about gang threats to the parent-teacher association was not persuasive, Couch wrote. An immigrant was still four times as likely to be granted asylum by Holyoak in San Francisco as by Couch in Charlotte. She arrived at the Artesia detention center just weeks after Gutierrez. Romy L. Lerner, Immigration Judge, Miami (Krome) Immigration Court. For example, courts ruled in favor of Chinese immigrants 75 percent of the time, the Reuters analysis found. Theres a lack of transparency and we dont know if theres any outcome from this complaint, said Julie Nemecek, a Columbus-based attorney who represents Juan. Possible outcomes include asylum; adjustments of status; stay of deportation; and deportation. The 43-year-old, who worked as a nurse in Honduras, lives in a small one-bedroom apartment with her husband, her two sons now 15 and 8 her adult daughter and her grandson. Citing the experience of six anonymous immigrants, including Juan, the complaint accuses Riley of biases against Latino immigrants, bullying and hostile questioning,a lack of professional competence and other alleged misconducts. (Previously, appointments were considered promotions for prosecuting attorneys from INS.) Talking with her former colleaguesmany of whom are now also her friendsis an uplifting experience. She was always kind and patient with people who came before her. See how your salary compares to other Immigration Judges with Comparably. The other women in the center told me that there was someone else from Honduras who I might know, but I wasnt sure who they were talking about, Gutierrez said. *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). Volunteer lawyers helped the women prepare and submit their applications for asylum. In January of 1987, she was appointed to the bench of the Immigration Court, US Department of Justice, Executive Office for Immigrationone of the first women and one of the first attorneys appointed from private practice. Unaware of each others plight, both fled with their children, making the dangerous trek across Mexico. The journey took three weeks. Cases are assigned to an immigration court based on where the immigrant lives. Within each court, cases are assigned to judges on a random, rotational basis. Argued and Submitted November 20, 2020 . 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. . The average salary for an Immigration Judge is $72,811 per Year in the United States. As a result, credibility is really the key factor. When she started, she was one of few women. I thought, I have to go now. I burst into tears and ran into Danas office for support. Immigration Judge Nicholas Ford is terrorizing the San Francisco immigrant community. She made it more proactive, trying to affect the law. But complainants like Juan and their attorneys said they have beendisappointed that their efforts did not lead to any lasting changes and that there was little transparency in the investigation process. 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. [ 72 FR 53677 , Sept. 20, 2007, as amended at 79 FR 39956 , July 11, 2014; 85 FR 81655 , 81750, Dec. 16, 2020] 2018 or 2020, and 5% or . More Reuters investigations and long-form narratives, Got a confidential news tip? The Trump administration filled the openings and expanded the size of the bench,appointing 10 judges who currently make up the court. But I hope someone can help us.. The firm made a wise choice. Immigration judges, appointed by the U.S. attorney general, are not authorized to speak on the record about cases. 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. She is known for her compassion and fairmindedness. 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. You felt you had a fair shot, says Milli Atkinson, Director of the Immigrant Legal Defense Program at JDC and Legal Director of the SFIL Defense Collaborative, who appeared before her as an attorney. 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. 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. Unlike federal court judges, whose authority stems from the U.S. Constitutions establishment of an independent judicial branch, immigration judges fall under the executive branch and thus are hired, and can be fired, by the attorney general. I was desperate and knew that I had to leave my daughters life and mine were in danger., The school principal said he understands why Gutierrez and Ana left Honduras. Attorney General William P. Barr appointed Jeremy J. Butler as an immigration judge in June 2020. Country of origin is a big factor in determining who gets to stay in the United States because immigrants from some countries are afforded special protections. 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. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. 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. McFarland residents vow to keep organizing after court lets GEO expand immigration detention, look to incoming administration for support, After about 5 minutes of struggle, they forced my index finger on the paper: ICE Forcing More Asylum Seekers to Sign Deportation Paperwork as Another Deportation Flight to Cameroon Looms. The older one, once threatened by gangs in Honduras, likes studying history and math and is learning to play the cello. Combined, the nine judges in Boston decided 3,196 cases over the time period. Emmanuel Olawale, a Westerville-based immigration attorney, said he has faced this dilemma firsthand. Two rival gangs the Barrio 18 and the Mara Salvatrucha, also known as MS-13 were operating brazenly in the neighborhood. The asylum appeal process is equally politicized, the group says. Persecutors dont give affidavits, said Andrew Arthur, a former immigration judge who now works at the Center for Immigration Studies, a nonprofit organization that supports lower levels of immigration. Judge Mabry is a member of the State Bar of Arizona and State Bar of New Mexico. SAN FRANCISCO Rebecca Jamil was sitting in a nondescript hotel ballroom in suburban Virginia when she realized that her dream job being an immigration judge was no longer tenable. In March 1987, the court decided in favor of granting Cardoza-Fonseca asylum, and Judge Marks, just 32 years old, cemented her standing as a legend. Judge Olivia Cassin in New York City allows immigrants to remain in the country in 93 percent of cases she hears. In 2014, an unprecedented 68,000 parents and children, most of them fleeing violence and lawlessness in El Salvador, Guatemala and Honduras, crossed into the United States from Mexico a refugee crisis that has contributed to the bloated backlog of asylum petitions. 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. And whether the individual fleeing gang violence in San Pedro Sula or official oppression in Venezuela had legal representation also made a big difference in the outcome of his or her case, according to research from the Transactional Records Access Clearinghouse at Syracuse University. She quickly discarded that notion. Riley and Owens have. Oh, my goodness, says Donald Ungar, now retired, as he thinks back to his first impressions. Threatened by gangs in Honduras, two women sought asylum in the United States. Rate This Judge / Califica a Este Juez. 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. Even so, the Reuters analysis determined that after controlling for such factors, who hears a case and where it is heard remain reliable predictors of how a case will be decided. She joined another woman and, with their children, they set out to cross Mexico. "EOIR takes all complaints seriously, investigates all colorable complaints, and takes corrective action when appropriate, Montenegro said in an email statement. Hon. Also, immigration judges are bound by precedents established in the federal appeals court that covers their location. Judge Halperin is a member of the Utah State Bar. Immigration courts in California and the Pacific Northwest fall under the 9th U.S. The courts facedand continue to grapple witha crisis of backlogged cases. Immigration court doesnt have contempt, so I had to use charm, she says. Theres also an imbalance of power in the courtroom and the fear of retaliation. Judge-by-Judge Asylum Decisions in Immigration Courts FY 2017-2022 Published Oct 9, 2022 Denial Rate Tables for Prior Periods TRAC is a nonpartisan, nonprofit data research center affiliated with the Newhouse School of Public Communications and the Whitman School of Management, both at Syracuse University. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. Now, they were extorting teachers, selling drugs openly and assaulting or killing anyone who confronted them. Two of them were dismissed. Copyright 2023 Nexstar Media Inc. All rights reserved. Instead, they became targets. (Reuters) - A conservative judge appointed by former Republican President Donald Trump to the San Francisco-based 9th U.S. 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. The Government Accountability Office studied some proposals for reform in 2017, without endorsing any particular model. 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. Freedom for Immigrants is a 501(c)(3) non-profit based in California. I am not going to risk my childs life. . Your donation to match our RFA grant helps keep her writing stories like this one. 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. Demonstrates unlawful and inappropriate manifestations of bias in the courtroom. The incident occurred on 13 February, and the San Francisco-based 9th US Circuit Court of Appeals has confirmed the probe. Asylum applicants cannot gain legal U.S. residency because they fled their countries in mortal fear of civil strife or rampant crime or a natural disaster. Burst into tears and ran into Danas Office for support likely to be granted asylum Holyoak... Times as likely to be granted asylum by Holyoak in San Francisco as by Couch in.... As MS-13 were operating brazenly in the federal appeals court that covers their location Year the. 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