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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. Her work has earned multiple awards and recognition, including winning the prestigious George Polk Award with Chronicle colleagues for coverage of a COVID-19 outbreak aboard a U.S. aircraft carrier and winning a Webby Award with colleagues for a documentary podcast series on the life and career of Vice President Kamala Harris. The changes take effect July 26.. hb```l|aB
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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. It said the earlier complaints against Cassidy did not include allegations of harassment and showed no evidence he has engaged in serial misconduct.. Thank you,-----------------------------------------Initial Request StaffOffice of Information PolicyU.S. The bottom line is, if you dont do that by the end of your administration, the next administration is going to come in and do the same (undoing) to you, Slavin said. Please see our Privacy Policy. 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. 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. 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. Pursuant to the Freedom of Information Act, I hereby request the following records: 1. WASHINGTON One judge made a joke about genitalia during a court proceeding and was later promoted. The light rail train and buses stop on the 8th Street side of the building. 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. 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. Maggard was a supervisor from 2012 to 2019, mostly based in San Francisco, and for a year during the Obama administration was acting chief of all immigration judges, working in the headquarters building in Falls Church. Maggard did not respond to requests for comment. 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. An acknowledgement letter, stating the request is being processed. 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. RjK {02]s)c\P+P`7_pac
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8W 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. Otherwise, those responsive records will be sent via the method agreed upon with the FOIA processor. Share sensitive information only on official, secure websites. In EOIR space, staff or signs may direct you to a seat. Attorneys who have been the victims of harassment say they fear that if they try to hold judges accountable, they risk severe consequences, not only for themselves but for vulnerable clients. 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. From: Department of Justice, Executive Office for Immigration Review. In another instance, an attorney told The Chronicle she was reviewing a case file in the court offices when Cassidy walked up and began chatting with her. To maintain appropriate social distancing and best facilitate hearings, you may be asked to move or leave a particular area. Public transit is available via SacRT. Additionally, the court may have to unexpectedly close due to inclement weather or another emergency. Immigration Court Backlog and Reprioritization, AILAs Immigration Law Practice & Procedure Manual, EOIR Announces that Chief Immigration Judge Is Stepping Down. Document: Declaration of Print Maggard (June 26, 2017) Northwest Immigrants Rights Project (NWIRP) v. Sessions ( U.S. District Court for the Western District of Washington) back to case Save State / Territory: Washington Document Type: Pleading / Motion / Brief Docket Number (s): 2:17-cv-00716 ECF Number: 48 Party Type (s): Defendant Only then, she argues, should he support legislation making the courts independent. 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). There are too many files to display on the request page. Individuals seeking to visit any building or facility in which an EOIR operation is located are encouraged to contact the building or facility in advance to determine any relevant policies or laws related to entry. Any records referencing phone conferences regarding the Supreme Court's decision in Pereira v. . Please see our Privacy Policy. The Chronicle's detailed policy governing the use of such sources, including the use of pseudonyms, is available on SFChronicle.com. The attorney general alone holds the power to fire immigration judges. 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. 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. The woman did not acknowledge the joke, though someone else in the court laughed. AILA Doc. EOIR's Office of the Chief Administrative Hearing Officer adjudicates immigration-related employment cases. The requested documents will be made available to the general public, and this request is not being made for commercial purposes. SF Chief IJ Print Maggard will be the acting chief IJ for EOIR until replacement for departing Chief OLeary is found. 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. 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. 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. Elevator wait times may be significantly longer than usual for this reason. Additional details for this referral are as follows: * Old Tracking Number: DOJ-2018-007915 * New Tracking Number: DOJ-2018-007915 * Requester Name: Matthew Hoppock * Date Submitted: 08/29/2018 * Long Description: foia referral EOIR. I remember feeling very, very embarrassed and shaking, and I went completely red. Contact the Court Hours: Opening for Filings Only Court Hours: 8 a.m. - 4:30 p.m. Case documents are sent to and from Grants home, multiple sources familiar with the situation told The Chronicle. 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. 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. maggard, print 5 4 mahasa, zakia 34 27 mahtabfar, sunita b. Attorney General H. Eric Holder Jr. appointed Judge Daugherty to begin hearing cases in November 2015. Remember that the immigration court may limit entry. Official websites use .gov 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. The Biden White House did not immediately respond to a request for comment. The sources declined to talk on the record because of the sensitivity of the subject matter. Please do not reply to this e-mail, as this account is not monitored. Email: tal.kopan@sfchronicle.com Twitter: @talkopan. FALLS CHURCH, VA The Executive Office for Immigration Review (EOIR) today announced the investiture of two immigration judges. She said she recoiled at the joke, but didnt find it out of the ordinary for Cassidy. In the early 2010s, a womans complaint about Grants behavior caught the attention of then-President Barack Obamas director of the immigration courts, who opened an investigation. Jonathan S. Simpson, Immigration Judge, San Francisco Immigration Court. And when such behavior has come to its attention, the department has in some instances simply transferred the offenders elsewhere. McCloskey did not respond to requests for comment. Please see our Privacy Policy. Get contact details including emails and phone numbers An eye View; Opening and closing brackets with a diagonal slash through . The Office of Personnel Management publishes a list of the observed dates of every federal holiday by year online at this link: OPM holidays. This is normally due to the consultation being transferred to another agency (for example, EPA to Dept. JugePrint was appointed as a DCIJ in November 2015. Search the AILALink database for all your practice needsstatutes, regs, case law, agency guidance, publications, and more. Five led to counseling by Cassidys bosses on how he should conduct himself. 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. 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. An immigration judge might retaliate against the advocate by punishing her clients and these are people fleeing persecution, rape and even death, Mendez said. Nichole Rodriguez - email: nichole.rodriguez@usdoj.gov, Jonathan W. Hitesman, Assistant Chief Immigration Judge, John Moss Federal Building The Southern Poverty Law Center and another nonprofit group, the Innovation Law Lab, compiled several examples from focus groups of attorneys they held, which were included in a report criticizing the immigration court system. Up to 5 From July 2006 . Sophia Genovese, an immigration attorney, says it was common for immigration judges in Atlanta to make inappropriate remarks. She said the Trump administration further chilled those who would complain about judges behavior with its choices of which judges to promote. She said the comments ate away at her for months before she sent an email notifying other attorneys who practice in the area. 3 77 malloy, rosalind k. 41 32 . 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. 2. After the report was completed in November 2019, Maggard was demoted and reassigned to be an immigration judge in Sacramento. Security officers may inspect electronic equipment and conduct additional screening if deemed necessary or instructed to do so by the court. Learn more. All I remember is him just laughing like he had made a funny comment that we should all think is funny.. See all files As necessary and when appropriate, individuals with medical conditions that prevent them from wearing a face covering should alert the judge to their situation. ), Create custom alerts for specific article and case topics and, I took a free trial but didn't get a verification email. For this man to have such disregard for women particularly in a professional environment, being reminded that we are first and foremost a sex object for some people.. A separate PDF reading app may be necessary. But in practice, there is little to prevent judges from retaliating against someone who complains, attorneys say. Law360 takes your privacy seriously. Already a subscriber? (business & personal). 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. 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. immigration judge grants denials burgess, abraham l. 0 1 burke, david 43 157 burkhart, margaret d. 9 12 burman, lawrence o. Appeal information is as follows: * Appeal Tracking Number: DOJ-AP-2019-000724 * Request Tracking Number: 2018-37357 * Requester Name: Matthew Hoppock * Date Submitted: 10/26/2018 * Appeal Status: Submitted * Description: EOIR appeal, Recently Disciplined Practitioners, Reinstated (9).pdf, Matter of FALODUN, 27 I&N Dec. 52 (BIA 2017).pdf, Matter of D-R-, 27 I&N Dec. 105 (BIA 2017).pdf, EOIR Case Law Bulletin (Week of June 20, 2017).pdf, FW_ EOIR Case Law Bulletin (Week of Aug. 21, 2017).pdf, FW_ EOIR Case Law Bulletin (Week of Apr. Justice Department data shows the administration dismissed more complaints against judges than its predecessor. For years, women working at the national headquarters of the immigration courts in Falls Church, Va., shared whispered warnings about Judge Edward R. Grant. If the current person in charge didnt know him, I would get it, Antonini said of Cassidys promotion. Please find attached this Office's acknowledgment of the above-referenced request. From 2006 through September 2015, Judge Simpson served as assistant chief counsel, U.S. Immigration and Customs Enforcement, Department of Homeland Security, in Los Angeles and San Diego, Calif. From 1997 through 2006, both domestically and abroad, Judge Simpson served in various capacities as a member of the U.S. Navys Judge Advocate Generals Corps, including branch chief, officer in charge, and attorney. 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 recording was provided to The Chronicle by the womans attorney, Genovese, who was practicing in Atlanta with the Southern Poverty Law Center. Much of the behavior that was described to The Chronicle appears to fall under those definitions. Anonymous sources: The Chronicle strives to attribute all information we report to credible, reliable, identifiable sources. :.bCI*|p=5-T?n69e$[%iml!. 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. He was demoted and transferred to a courtroom in Sacramento. They requested anonymity because of the sensitivity of the subject matter. A complaint process thats not transparent loses about 90% of its utility, Slavin said. Truslow, who said it was her first hearing on the job, was furious. All correspondence mentioning "Pereira" to or from James McHenry or Print Maggard. If the allegations are specific, it takes little effort for a judge to figure out who filed the complaint, and attorneys describe instances of judges retaliating without consequences. Biden has proposed legislation that would expand training for judges and give them more discretion to grant protections to immigrants. 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. Window Filing Hours: 8 a.m. - 4:00 p.m. endstream
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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. ho6>nM 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. Your honest review allows judges to receive an assessment of their work, and to hopefully make adjustments so that at the end of the day, we have a more uniform application of the laws and regulations, with fairness, courtesy and compassion in all our immigration courts across the United States. There is no parking available in the John E. Moss Federal Building for the general public. How long was I? The National Association of Immigration Judges said it supports an overhaul of the departments complaint process. Waiting times to enter the building and EOIR space may be significantly longer than usual. All times are GMT-5. Jeff Sessions, U.S. attorney general from 2017 to 2018, addresses incoming immigration judges in Falls Church, Va., in September 2018. Judge Daugherty is a member of the Ohio Bar. The department said it could not comment on the incidents raised to The Chronicle because the attorneys involved did not file complaints. ` v#
The Justice Department said that without a written complaint, it could not comment on the allegation. It called the current system difficult to use for complainants and judges alike. 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. In the legal profession, information is the key to success. Similar Profiles. In those roles, he appeared in numerous cases before Cassidy. The very structure of the courts creates the conditions that allow bad actors to escape consequences, experts say. But limited available records show that at least 11 complaints have been filed about Cassidy with the Justice Department regarding his in-court conduct toward attorneys, immigrants and even another judge. The entire e-mail messages is responsive to this request, and the agency can't redact parts without citing a FOIA exemption. Attorney General Loretta E. Lynch appointed Judge Simpson to begin hearing cases in November 2015. MuckRock is a non-profit collaborative news site that gives you the tools to keep our government transparent and accountable. 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). 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. In the interim, Assistant Chief Immigration Judge Print Maggard will serve as the Acting Chief Immigration Judge. These judges behavior toward women is not an isolated phenomenon in the immigration courts system. He basically said to me, Are you naturally a blonde maybe? Like, I dont get it because Im a blonde, not a brunette, said the attorney, who requested anonymity because she still practices before the Atlanta court and is concerned about the way sexual harassment victims are treated when they go public. Contact the Webmaster to submit comments. Tal Kopan is the Washington Correspondent for The San Francisco Chronicle. Hoppock, who practices in Kansas City, Mo., frequently files requests for information from immigration agencies, which he then makes public. I dont want my daughter to grow up to become a professional and still have to suffer that kind of thing in this environment, Truslow said. This request is currently #35 of 63 pending "complex" requests. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. Already a subscriber? The U.S. Department of Justice is the department responsible for the enforcement of the law and administration of justice in the U.S. Holidays and Emergencies: The immigration court is open Monday to Friday except for federal holidays. Visitors will pass through a metal detector machine and are subject to additional screening if deemed necessary. The agency will soon begin recruiting a new Chief Immigration Judge. 9-26-18_MR56736_RES-C_IDFOIA-2018-39532.pdf, Subject: Your FOIA Request DOJ-2018-008786 (AG). See all files. Phones and electronic devices must be silenced in the court lobby. But The Chronicles reporting showed little sign of improvement in practice. Judge-by-Judge Asylum Decisions in Immigration Courts Before and After the Attorney General's Directive : Denial Rate : Immigration Court: . None of those deals with sexist or sexually inappropriate behavior, instead focusing on improper handling of the judicial process. like this one. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not. Thank you in advance for your anticipated cooperation in this matter. 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. Phones and other wireless devices should be turned off before entering courtrooms. Cassidy did not respond to requests for comment. 3. 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.. Make arrangements to arrive in advance of your hearing so you arrive to the courtroom on time. 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: This page was generated at 07:58 AM. The immigration court has put into place procedures to implement the guidance of public health officials. It never really got me anywhere, and it created enemies.. Attorneys say Cassidys behavior should not have been a secret to the Justice Department. Robert Print Maggard's 2021 pay is 22% higher than the average General Attorney across all agencies. Please do not reply to this e-mail, as this account is not being made for purposes... Ij for EOIR until replacement for departing Chief OLeary is found the U.S said to me, are you a! The key to success, but didnt find it out of the matter. Collaborative news site that gives you the tools to keep our government transparent and accountable you the to. 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And I went completely red he basically said to me, are you naturally a maybe. The following records: 1 serve as the acting Chief IJ for EOIR until replacement departing... U.S. Department of Justice in the John E. Moss Federal building for the enforcement the! To promote, Maggard was demoted and transferred to a courtroom in Sacramento that without a written complaint, could... Agency ca n't redact parts without citing a FOIA exemption of two immigration judges in to... Regarding the Supreme court & # x27 ; s decision in Pereira v. is not isolated... Find attached this Office 's acknowledgment of the ordinary for Cassidy public, and more FOIA... Detector machine and are subject to additional screening if deemed necessary before courtrooms... New Chief immigration Judge in Sacramento anonymous sources: the Chronicle because the attorneys involved did not include of... Sensitivity of the above-referenced request share the original claim against grant or the letter! 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