James Roder, the court administrator at the Cleveland Immigration Court, declined to offer a response. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. In response to the rising criticism, the Executive Office for Immigration Review began tracking decisions to identify judges with unusually high or low rates of granting asylum. Juangrew up in Guadalajara, Mexico, where his family had few resources and he often had to go to school on an empty stomach, he said. Talking with her former colleaguesmany of whom are now also her friendsis an uplifting experience. Gail Montenegro, EOIRs Midwest regional public information officer, declined to comment on the allegations against Riley but said the agency has a well-established process for handling complaints against immigration judges. Judge Marks faced daunting challenges during her tenure. Im not judging whether you employed illegals. Judges are not always made aware of the existence of a complaint in a timely fashion, and there is no transparency or consistency when it comes to sanctions imposed in a particular case, according to Dana Marks, president emerita at the National Association of Immigration Judges who spent 35 years on the bench in San Francisco, California, before retiring in December. 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. Devin OMalley, a Department of Justice spokesman, challenged the Reuters analysis, citing "numerous conflicting statements, miscalculations, and other data errors," but declined to elaborate further. The Charlotte court that would hear Anas case was one of five jurisdictions labeled asylum free zones by a group of immigrant advocates in written testimony last Decemberbefore the Inter-American Commission on Human Rights. Transparent and . Alumni Relations. Two of them were dismissed. I got in that moment what that was going to be. This material may not be published, broadcast, rewritten, or redistributed. The lack of a transparent complaint process is especially concerninggiven this influx of new judges, who tend to come from enforcement backgrounds and lack experience on the bench, Nemecek said. We were the brave ones. 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. 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. For example, courts ruled in favor of Chinese immigrants 75 percent of the time, the Reuters analysis found. She was very vocal as head of NAIJ, says Atkinson, especially [on issues] related to fairness and due process. Judge Webber appreciated Judge Markss talents as a spokesperson for the union, remarking on her great voice and quick thinking. On December 18, 2020, the EOIR announced the investiture of an additional 14 immigration judges. Riley and Owens havedenied 89% and 96% asylum cases they were in charge of, respectively, since their appointment a few years ago. Well-established law recognizes family as a protected social group, according to the Center for Gender & Refugee Studies. Close to half the complaints were dismissed. As the sole breadwinner in his family, he said his wife and kids would suffer emotionally and financially if he were deported. Theres a wide spectrum of when judges are notified, how much information they are provided, and whether they are allowed to give their side of the story before decisions are made.". She is known for her compassion and fairmindedness. Taken together, the two cases nearly indistinguishable in their outlines but with opposite outcomes illustrate a troubling fact:An immigrants chance of being allowed to stay in the United States depends largely on who hears the case and where it is heard. EL PASO, Texas (Border Report) Asylum denial rates in America reached a record high 71.6% in the fiscal year 2020, an immigration think-tank reported. Sixty-one percent of all complaints closed in the fiscal year 2020 ended up being dismissed. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. The information is gathered by experienced and trusted Nexstar Media Group journalists hired specifically to cover the border. They had early success, he said, when they persuaded police to provide officers to guard the school. They just know someone wants to kill them., Anas lawyer appealed her case to the Board of Immigration Appeals (BIA), the first step in the appellate process. 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. In 2020, of the 30,173 individuals from the Northern Triangle that received a decision on asylum claims 27,020 were denied. She and her lawyers declined to share more detailed information about her situation because she remains fearful of the gangs in Honduras. She explains things well. Four judges in Atlanta turned down 98 out of 100 asylum claims presented to them; nine judges in Houston said no 95% of the time. Click here for the news release. Judge Butler earned a Bachelor of Arts in 2003 from Cornell College and a Juris . She has a law degree from Tulane Law School. The average annual salary for Immigration Judges in the US is $121,299. Hondurans enjoy no special considerations. In Charlotte, immigrants are ordered deported in 84 percent of cases, more than twice the rate in San Francisco, where 36 percent of cases end in deportation. The definition of a particular social group has been subject to conflicting interpretations in the courts, but in general, such a group comprises people who share basic beliefs or traits that cant or shouldnt have to be changed. It is clearly troubling when you have these kinds of gross disparities, said Karen Musalo, director of the Center for Gender & Refugee Studies at the University of California Hastings School of the Law in San Francisco. She helped create an inspiring model for how courtscanbe, says Ugarte, and Judge Webber states, simply, She inspires people all the time., While she has had some limelight in her career, the vast majority of her work has been thankless, says Judge King. Montenegro declined to provide additional details about the case. Diocesan Migrant and Refugee Services officials say the money will be used to try to win cases for migrants in an El Paso facility with 26 confirmed COVID-19 cases as of October. Hesaid he was nervous and exhausted when he stepped into the court on Oct.16, 2020, for his fourth hearing. Ana moved with her daughter to live with her daughters father and petitioned to have her case moved to Charlotte. There is a fine line between judges taking a harshstance on immigration and their exhibiting unprofessional behaviors, saidPaul Schmidt, aformer immigration judge based in Arlington, Virginia, who retired in 2016. 2020-03-20T04:49:42Z Numerous legal providers and community members have expressed strong concerns about Fords racist history influencing his work in San Francisco. Variations among judges and courts are broad. She arrived at the Artesia detention center just weeks after Gutierrez. They said, Were going to kill themembers of the parent-teacher association to get them out of here. So the women fled.. She lost. From 1994 to 1995, he served as a staff attorney with the New Mexico Court of Appeals. I opened the first file, and there was a picture of the first respondent, probably less than a year old. Michael Short / Special to The Chronicle 2019. SAS Output. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. Reviews Deals Robert S. Hough had the highest denial rate (92.2%), according to TRAC. . Romy L. Lerner was appointed as an Immigration Judge to begin hearing cases in May 2022. By the time she retired fromSan Franciscos Immigration Courton December 31, 2021, Judge Dana Leigh Marks* had built an inspiring reputation as a leader, mentor, and advocate. Her door was always open, says Judge King. Anas assertion that she learned from Gutierrez in detention about gang threats to the parent-teacher association was not persuasive, Couch wrote. See how your salary compares to other Immigration Judges with Comparably. In immigration court, the asylum seeker is typically the only witness. Immigration judges in New York and San Francisco stayed home from work Tuesday, and their union announced a judge in Denver had COVID-19 symptoms and an Atlanta attorney tested positive. Judge Marks faced daunting challenges during her tenure. Jeremy J. Butler, Immigration Judge, San Francisco Immigration Court. Gutierrez hid for two months at her friends mothers house outside Tegucigalpa. From there, cases can be appealed to federal appeals court. Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. Sandra Gutierrez joined her husband in California, where her case was heard by a San Francisco immigration court judge. The clients loved her, says Ungar. San Francisco, CA. But it still astounded him when Riley calledMexican immigrants illegals while cross-examining his wife about the subcontractors that Juan employed at his construction business. The Charlotte court was singled out for displaying a particular bias against Central American gang and gender-related asylum claims.. Having come from a country with one of the highest murder rates in the world may have helped establish credible fear. But the two women were already at a disadvantage precisely because they came from Honduras. "EOIR takes all complaints seriously, investigates all colorable complaints, and takes corrective action when appropriate, Montenegro said in an email statement. She is known for her compassion and fairmindedness. It has also been politically charged, as immigration courts fall under the jurisdiction of the, US Department of Justice (DOJ), Executive Office for Immigration Review (EOIR), . We discussed cases together. In addition to helping her colleagues with the analysis of cases, Judge Marks was available for emotional support. There, they applied for asylum. Mattingly, the EOIR spokeswoman, said the agency held training sessions for judges to address the disparities in 2008 and 2009. Romy L. Lerner, Immigration Judge, Miami (Krome) Immigration Court. 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. It occurred to me I had a meeting, Ungar says, So I asked, Would you mind if we continued this? They walked to Market Street, where they hopped on the #5 bus to the Federal Courthouse. Judge Halperin is a member of the Utah State Bar. The union kept me intellectually stimulated, she says. Judge Fords dehumanizing treatment of those who appear in his courtroom is unacceptable, said Lisa Knox, Legal Director for the California Collaborative for Immigrant Justice. A Honduran migrant wears a sanitary mask while waiting in line to plead . Instead, they became targets. Updated 10:55 AM EDT, Wed July 1, 2020 Link Copied! The word Reviews; Business Tech; Finance; Markets; . I didnt have to scare or browbeat people into my decisions, says Judge Marks. 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