Sexual harassment cannot be tolerated or condoned in our nations immigration courts, said the groups executive vice president and president emeritus, Judge Dana Leigh Marks, who works in the San Francisco immigration court. By Beth Winegarner (July 15, 2015, 7:25 PM EDT) -- Chief Immigration Judge Brian M. O'Leary is stepping down from his post after six years and will return to the bench in the Arlington Immigration Court, the U.S. Department of Justice announced Wednesday. Access to case data within articles (numbers, filings, courts, nature of suit, and more. Any records referencing phone conferences regarding the Supreme Court's decision in Pereira v. . In the interim, Assistant Chief Immigration Judge Print Maggard will serve as the Acting Chief Immigration Judge. Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE) are part of the Department of Homeland Security (DHS) and are therefore separate from the Executive Office for Immigration Review (EOIR). The Chronicle's detailed policy governing the use of such sources, including the use of pseudonyms, is available on SFChronicle.com. Please see our Privacy Policy. 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. She said the agency takes allegations of misconduct seriously and that anyone with a valid complaint should file it. Some complaints are never shared in detail with the judge, and those who file them are not told the outcome. Get contact details including emails and phone numbers 2. Even when Im saying it now, I feel like Im starting to get red in the face, the attorney said. He also warned attorneys not to make baseless complaints designed to harass, threaten, intimidate, or retaliate against judges. In those roles, he appeared in numerous cases before Cassidy. Phones and other wireless devices should be turned off before entering courtrooms. The department said all of its employees complete mandatory sexual harassment and misconduct awareness training. I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on June 24, 2018. Please see our Privacy Policy. 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. Subject: Freedom of Information Act Request: McHenry and Maggard Correspondence and Calendars on Pereira. 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. Kopan started her journalism career in Chicago newsrooms, where she supported local coverage on a variety of fronts, including politics, crime, sports and weather. Contact the Court Hours: Opening for Filings Only Court Hours: 8 a.m. - 4:30 p.m. 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. EOIR's immigration judges conduct administrative court proceedings in immigration courts located throughout the nation. Up to 5 An eye View; Opening and closing brackets with a diagonal slash through . But at the end of the day, I know how far a complaint could take me. 133 0 obj <> endobj ` v# It called the current system difficult to use for complainants and judges alike. A complaint about a San Francisco judge alleged he used incorrect pronouns for a transgender immigrant and asked one who was testifying about being tortured by police whether anyone ever insert(ed) anything into your ass in custody.. In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. But sources familiar with the situation confirmed it was Grant and that the complaint involved sexual harassment. million verified professionals across 35 million companies. 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. 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. Justice Department data shows the administration dismissed more complaints against judges than its predecessor. Otherwise, those responsive records will be sent via the method agreed upon with the FOIA processor. 9-26-18_MR56736_RES-C_IDFOIA-2018-39532.pdf, Subject: Your FOIA Request DOJ-2018-008786 (AG). Judge Maggard received a . The very structure of the courts creates the conditions that allow bad actors to escape consequences, experts say. like this one. That lewd expression refers to a womans pubic area. For information regarding procedures for practice before the immigration courts, please see the Immigration Court Practice Manual. The Board of Immigration Appeals primarily reviews appeals of decisions by immigration judges. The judge ruled in her favor. Please do not bring people with you into EOIR space unless they are required to be present for your hearing. Case documents are sent to and from Grants home, multiple sources familiar with the situation told The Chronicle. 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. Rate Your Immigration Judge is an important source of information for other immigrants and their attorneys, but also for the immigration judges. After the report was completed in November 2019, Maggard was demoted and reassigned to be an immigration judge in Sacramento. Other judges may have been fired, but the department does not separate firings from retirements or resignations in its data. Hoppock, who practices in Kansas City, Mo., frequently files requests for information from immigration agencies, which he then makes public. If instructed to sit in a particular location, do not switch seats. A joint initiative between the American Immigration Council and AILA seeks to change the playing field for immigrants facing deportation. Masters of Public Administration (Organizational Leadership), Bachelor of Science (BS) (Psychology, Biology, Chemistry), If you're not automatically redirected, please click here. The recording was provided to The Chronicle by the womans attorney, Genovese, who was practicing in Atlanta with the Southern Poverty Law Center. 17, 2017).pdf, Recently Disciplined Attorneys and Updated List(1).pdf, There are too many files to display on this communication. The sources declined to talk on the record because of the sensitivity of the subject matter. In one instance, captured on courtroom audio, Cassidy had just granted relief from deportation in 2019 to a green card holder from Germany. 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.. To maintain appropriate social distancing and best facilitate hearings, you may be asked to move or leave a particular area. 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. They determine whether foreign-born individualswhom the Department of Homeland Security charges with violating immigration lawshould be ordered removed from the United States or should be granted relief from removal and be permitted to remain in this country. He is still there, hearing immigrants' cases but stripped of his. Subject: FOIA Appeal DOJ-AP-2019-000724 Submitted, This message is to notify you of a new appeal submission to the FOIAonline application. Complaints about immigration judges are not made public. 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.. An immigration judge might retaliate against the advocate by punishing her clients and these are people fleeing persecution, rape and even death, Mendez said. What happens with this behavior is that it is so cumulative that it becomes like background noise, said Carolina Antonini, who practiced before Cassidy from the 1990s until his promotion. Copyright 1995-2017 American Immigration LLC, ILW.COM. Copyright Rate Your Immigration Judge 2023. 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. This page was generated at 07:58 AM. Please find attached this Office's acknowledgment of the above-referenced request. 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: The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice. Instead, the report concluded that Maggard exhibited poor judgment and should have avoided such behavior. The Justice Department cited its policy of not commenting on personnel matters in refusing to answer questions about Maggards conduct. 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.. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. Already a subscriber? Attorneys say Cassidys behavior should not have been a secret to the Justice Department. ho6>nM But in practice, there is little to prevent judges from retaliating against someone who complains, attorneys say. No credit card required. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not. 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. She had lived in the U.S. most of her life and began using marijuana after suffering multiple miscarriages, leading to criminal convictions that made her subject to deportation. PLEASE NOTE: A verification email will be sent to your address before you can access your trial. A third, a supervisor based mostly in San Francisco, commented with colleagues about the attractiveness of female job candidates, an internal investigation concluded. The light rail train and buses stop on the 8th Street side of the building. None of those deals with sexist or sexually inappropriate behavior, instead focusing on improper handling of the judicial process. 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. The U.S. H|TQo0~W= cTUjVjRHPv~wp||g>9Y7uQpr}Qn{XE-FY+ J8-LXm+.:r)vhPA];H,X#ABWu0(%(@iDc0m? Immigration attorney Sophia Genovese says it is common for judges to make inappropriate comments, and theres just no accountability for it.. Sexual harassment has been a recurring problem in the Justice Department itself. The Justice Department has long lacked a strong system for reporting and responding to sexual harassment and misconduct. She said the Trump administration further chilled those who would complain about judges behavior with its choices of which judges to promote. He cracked a joke, and she was not amused, which Cassidy noticed. Grant, who has served on the Board of Immigration Appeals since 1998, is one of 23 judges who weigh appeals from immigrants who have lost cases in the nearly 70 immigration courts around the country. If the current person in charge didnt know him, I would get it, Antonini said of Cassidys promotion. 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. (business & personal). From July 2006 . 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). 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. Search over 700 Jeff Sessions, U.S. attorney general from 2017 to 2018, addresses incoming immigration judges in Falls Church, Va., in September 2018. It did not say whether it offers any additional gender sensitivity training for its judges. 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. Wr/Joseph R. SchaafChief Counsel, Administrative LawExecutive Office for Immigration Review, Subject: FOIA Tracking Number Change for consultation DOJ-2018-007740 (to DOJ-2018-007740), The FOIA consultation DOJ-2018-007740 has had its Tracking Number changed to DOJ-2018-007740. The Chronicle spoke with three people who confirmed the attorney shared the story with them shortly after it happened. AILA Doc. About the Immigration Judge Juge Print was appointed as a DCIJ in November 2015. Sign up for a free account. In the legal profession, information is the key to success. The three men, all immigration judges still employed by the Justice Department, work for a court system designed to give immigrants a fair chance to stay in the U.S. Every day, they hear some of the most harrowing stories of trauma in the world, many from women who were victims of gender-based violence and who fear that their lives are at risk if they are deported to their native countries. They go to the judges managers, assistant chief immigration judges, a position Maggard held in San Francisco. 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. Please see the agencys Public Health Noticefor more information. 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. 148 0 obj <>/Filter/FlateDecode/ID[<3549AA37C8F46F47AE7517178E7B1A60>]/Index[133 29]/Info 132 0 R/Length 79/Prev 39710/Root 134 0 R/Size 162/Type/XRef/W[1 2 1]>>stream It is not a system designed to protect complainants. Subject: FW: status inquiry by MuckRock FOIA#2018-37357. ), Create custom alerts for specific article and case topics and, I took a free trial but didn't get a verification email. The Chronicle reported in October that the Trump administration canceled all diversity training, including for immigration judges. It declined to say whether the others who participated in the conversations with Maggard were identified or faced consequences. Although the supervisors name was blacked out, multiple sources familiar with the contents of the report confirmed it was Print Maggard. 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. EOIR's Office of the Chief Administrative Hearing Officer adjudicates immigration-related employment cases. Law360 takes your privacy seriously. Genovese and other attorneys in Atlanta say such behavior was routine for Cassidy. Copyright 1993-document.write(new Date().getFullYear()) 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. 650 Capitol Mall, Suite 4-200 Nichole Rodriguez - email: nichole.rodriguez@usdoj.gov, Jonathan W. Hitesman, Assistant Chief Immigration Judge, John Moss Federal Building The Justice Departments response did not identify the judge. 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. 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. 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. The confirmation came in a reply to immigration attorney Matthew Hoppocks request. Creating an independent immigration court seems to me like a no-brainer, Lofgren said at a hearing in January 2020. For years, women working at the national headquarters of the immigration courts in Falls Church, Va., shared whispered warnings about Judge Edward R. Grant. Thank you,-----------------------------------------Initial Request StaffOffice of Information PolicyU.S. SF Chief IJ Print Maggard will be the acting chief IJ for EOIR until replacement for departing Chief OLeary is found. The complaints are not made public. The Justice Department cited its policy of not commenting on personnel matters in declining to answer questions to The Chronicle about Grants banishment. 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. Sophia Genovese, an immigration attorney, says it was common for immigration judges in Atlanta to make inappropriate remarks. FALLS CHURCH, VA The Executive Office for Immigration Review (EOIR) today announced the investiture of two immigration judges. These records, covering 2008 to 2013, were made public by attorney Bryan Johnson and a coalition of immigration legal groups after they received them through a Freedom of Information Act lawsuit. It said substantiated allegations will be treated seriously and consistently result in formal discipline up to dismissal.. The immigration court has put into place procedures to implement the guidance of public health officials. Password (at least 8 characters required). 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. Robert Print Maggard's 2021 pay is 22% higher than the average General Attorney across all agencies. EOIR announcement that Brian M. O'Leary is returning to the Arlington Immigration Court as an immigration judge. McCloskey did not respond to requests for comment. Sacramento, CA 95814. The department said all hiring for immigration courts and the Board of Immigration Appeals follows an open, merit-based process. Window Filing Hours: 8 a.m. - 4:00 p.m. Given the nature of this request, some records are only being released to you as the requester. The Office of the Chief Immigration Judge (OCIJ) is headed by the Chief Immigration . RjK {02]s)c\P+P`7_pac ;a PE. 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. 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. I look forward to receiving your response to this request within 20 business days, as the statute requires. hb```l|aB o~a UjB X HRHx6J;-rq# `u3p/d But The Chronicles reporting showed little sign of improvement in practice. Special Work Opportunity - New Immigration Judge Training - September 22, 2017 Deadline.pdf. 3 77 malloy, rosalind k. 41 32 Nearly a dozen attorneys who have argued cases before him since the 1990s told The Chronicle that his behavior was frequently inappropriate. 0 15 maingot, anthony e. 16 170 maldonado, njeri b. Falls Church, VA 22041 Password (at least 8 characters required). JugePrint was appointed as a DCIJ in November 2015. In that moment, am I thinking that I might be perpetuating sexism in the system? Responsive records have been located and are being reviewed for release. Tal Kopan is the Washington Correspondent for The San Francisco Chronicle. EOIR is committed to ensuring fairness in all of the cases it adjudicates. Law360 provides the intelligence you need to remain an expert and beat the competition. An official website of the United States government. Try our Advanced Search for more refined results. H\ d100Ag Much of the behavior that was described to The Chronicle appears to fall under those definitions. Similar Profiles. You have to know whats happening with clients, competitors, practice areas, and industries. Subject: RE: Freedom of Information Act Request #FOIA-2018-39532. 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. Metered street parking is nearby. Attorneys go before the same judges regularly, and those judges wide discretion gives them ample room to make life difficult for a lawyer who crosses them. ( It is unacceptable for anyone with a track record of inappropriate behavior to be protected and promoted. A .gov website belongs to an official government organization in the United States. Please allow for additional time to go through the security screening process. Robert P. "Print" Maggard, Immigration Judge Judge Maggard was appointed as an immigration judge in April 2009. Share sensitive information only on official, secure websites. Please take note of the information below and be prepared to follow these and any additional instructions provided to you when you arrive for your hearing. . Any materials or objects of any kind that could be used as a weapon are prohibited. 8YXADK#UwGhJ:"wO ]2)!L( OE-? g4,3idh0qnjS?0 eC7b8,VE5/&LQb:aS]L/`/uss;[ z=>5ZU\yaJesz|{b:&9]W7EaW?jQ-jQzzyTf]7OF9/.j>,53)=7uG\>M}_=rz=Uk>$M[-1 rbJisgHflgo Pr)v!A`>H9)!\5F 12|l6IWjcbe+39=)|OB|>569n;`uW#v4$D=((q -niYtBhTh j/ iK26>lf@p~Jm32Vx{=.{ 8W of Commerce) or to a sub-agency to process it. 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 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. How long was I? Remember that the immigration court may limit entry. The new immigration judges were appointed by U.S. Attorney General Loretta E. Lynch. Judge Daugherty is a member of the Ohio Bar. Social distancing (maintaining a distance of six feet from those with whom you do not live) is required. The agency will soon begin recruiting a new Chief Immigration Judge. 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. Judge Simpson received a Bachelor of Arts degree in 1995 from Wabash College and a Juris Doctor in 1998 from Seton Hall University. Consistent with public health officials guidance, EOIR has implemented practices to help to protect all people working in and visiting EOIR spaces throughout the country. In the Atlanta immigration courthouse, attorneys were dismayed when the Trump administration promoted Judge William Cassidy in 2019 to serve on the Board of Immigration Appeals. Cassidy did not respond to requests for comment. 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. They requested anonymity because of the sensitivity of the subject matter. 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. Other attorneys recalled judges who minimized domestic violence while questioning asylum seekers, or suggested that married women could not be raped by their husbands. *Dp+_>g6,aP{PZY@JYAT,'JVpL/q2)p0* The department does not tolerate complaints whose sole purpose is to harass, threaten, intimidate, or retaliate against its adjudicators based on their rulings.. None complained in writing to the Justice Department, saying they feared it would result only in the judge being angry at them and taking that anger out on their clients. He received a bachelor of arts degree in 1982 from Western Kentucky University; a masters of public administration in 1987 from Golden Gate University; As long as immigration courts remain under the executive branch, she said, given how politicized immigration is as an issue, we will continue to have foxes guarding the henhouse., Tal Kopan is The San Francisco Chronicles Washington correspondent. 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. Many attorneys who have practiced before Cassidy say they decided they were better off brushing aside his conduct toward women than filing complaints. Holidays and Emergencies: The immigration court is open Monday to Friday except for federal holidays. If you have an account in FOIAonline, you may access those records by . 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