AILAs Advocacy Action Center allows you to advocate for legislative and policy reforms consistent with AILAs principles and priorities. 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. 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. Any records referencing phone conferences regarding the Supreme Court's decision in Pereira v. . Immigration Court Backlog and Reprioritization, AILAs Immigration Law Practice & Procedure Manual, EOIR Announces that Chief Immigration Judge Is Stepping Down. %%EOF 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. Try our Advanced Search for more refined results. Visitors will pass through a metal detector machine and are subject to additional screening if deemed necessary. endstream endobj 134 0 obj <>/Metadata 13 0 R/PageLayout/OneColumn/Pages 131 0 R/StructTreeRoot 17 0 R/Type/Catalog>> endobj 135 0 obj <>/ExtGState<>/Font<>/XObject<>>>/Rotate 0/StructParents 0/Type/Page>> endobj 136 0 obj <>stream The department does not tolerate complaints whose sole purpose is to harass, threaten, intimidate, or retaliate against its adjudicators based on their rulings.. All times are GMT-5. The department said all of its employees complete mandatory sexual harassment and misconduct awareness training. 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. 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. 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. Nichole Rodriguez - email: nichole.rodriguez@usdoj.gov, Jonathan W. Hitesman, Assistant Chief Immigration Judge, John Moss Federal Building Attorneys Ivan Yacub and Lauren Truslow represented a woman seeking asylum in Arlington, Va., arguing she was a victim of sex trafficking and had been brutally sexually assaulted in her native country. The Justice Departments response did not identify the judge. $[AD%` $_$zA>+Zbm@7 @+ 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. Only then, she argues, should he support legislation making the courts independent. I just remember feeling kind of enraged that I was wanted (by him) to laugh, she said. Nearly a dozen attorneys who have argued cases before him since the 1990s told The Chronicle that his behavior was frequently inappropriate. 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. Other judges may have been fired, but the department does not separate firings from retirements or resignations in its data. Subject: FW: status inquiry by MuckRock FOIA#2018-37357. 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. 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. Pursuant to the Freedom of Information Act, I hereby request the following records: 1. A joint initiative between the American Immigration Council and AILA seeks to change the playing field for immigrants facing deportation. 9-26-18_MR56736_RES-C_IDFOIA-2018-39532.pdf, Subject: Your FOIA Request DOJ-2018-008786 (AG). The Chronicle's detailed policy governing the use of such sources, including the use of pseudonyms, is available on SFChronicle.com. 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.. She added that the court system explicitly forbids retaliation.. 2. To maintain appropriate social distancing and best facilitate hearings, you may be asked to move or leave a particular area. 5107 Leesburg Pike, Suite 1800 You know if you do anything to piss him off, thats going to ruin your reputation in his eyes. Please allow for additional time to go through the security screening process. Want the latest investigative and FOIA news? In those roles, he appeared in numerous cases before Cassidy. The attorney general alone holds the power to fire immigration judges. This is one of 5 FOIA requests for Pereira materials. 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. The calendars for Print Maggard and James McHenry for the month of June, 2018. The department did not take away Grants responsibilities or six-figure salary. As the woman sniffled audibly, Cassidy told her he had bonded with her over the story, as he also was born prematurely. It is not a system designed to protect complainants. 126 34 calcador, kerri 26 39 . 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. But sources familiar with the situation confirmed it was Grant and that the complaint involved sexual harassment. Sacramento, CA 95814. Waiting times to enter the building and EOIR space may be significantly longer than usual. The very structure of the courts creates the conditions that allow bad actors to escape consequences, experts say. Two commercial parking lots, open and covered, are within walking distance to the building. 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. Please see the agencys Public Health Noticefor more information. pdf.pdf, Policy & Case Law Bulletin - January 26, 2018.pdf, Supreme Court Published - Maslenjak v. United States.pdf, Recently Disciplined Practitioners, Reinstated (2).pdf. The request was for the entirety of each message that mentioned the word "Pereira." The Office of the Chief Immigration Judge (OCIJ) is headed by the Chief Immigration . Contact the Webmaster to submit comments. 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. AILA Doc. In an interview, Slavin said the Justice Departments immigration courts division has long had a problem with discipline because it doesnt make policing judges conduct a priority, and because of a workplace culture that has at times been unfriendly toward women. It did not say whether it offers any additional gender sensitivity training for its judges. Grant did not respond to requests for comment. 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. He also warned attorneys not to make baseless complaints designed to harass, threaten, intimidate, or retaliate against judges. 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). 703-305-0289 (phone)PAO.EOIR@usdoj.gov. :.bCI*|p=5-T?n69e$[%iml!. As director, McHenry oversees the hiring process for the board. H\ d100Ag Judge Daugherty is a member of the Ohio Bar. Case documents are sent to and from Grants home, multiple sources familiar with the situation told The Chronicle. Judge Maggard received a . The immigration court has put into place procedures to implement the guidance of public health officials. 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. Immigration judges concluded a record 276,000 cases in fiscal 2019 and were on pace to close 400,000 cases in fiscal 2020 before the pandemic ground the immigration court system to a near halt. 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. And yes, objectively, I know its a sexist comment, and also its just so commonplace with immigration judges to make inappropriate comments like this and theres just no accountability for it.. An acknowledgement letter, stating the request is being processed. No. Print Maggard Immigration Judge at U.S. Department of Justice, Executive Office for Immigration Review San Francisco Bay Area 506 followers 500 connections Join to view profile U.S.. About the Court | Contact the Court | Public Health | Immigration Court Procedures | Helpful Links, Internet-Based Hearings Access Information. The Board of Immigration Appeals primarily reviews appeals of decisions by immigration judges. Otherwise, those responsive records will be sent via the method agreed upon with the FOIA processor. An immigration judge might retaliate against the advocate by punishing her clients and these are people fleeing persecution, rape and even death, Mendez said. SF Chief IJ Print Maggard will be the acting chief IJ for EOIR until replacement for departing Chief OLeary is found. Law360 provides the intelligence you need to remain an expert and beat the competition. And when such behavior has come to its attention, the department has in some instances simply transferred the offenders elsewhere. 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. Already a subscriber? 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 department said it could not comment on the incidents raised to The Chronicle because the attorneys involved did not file complaints. From May 2009 to December 2011, Judge Maggard served at the San Francisco Immigration Court as an immigration judge. The Justice Department has long lacked a strong system for reporting and responding to sexual harassment and misconduct. Five led to counseling by Cassidys bosses on how he should conduct himself. Jeff Sessions, U.S. attorney general from 2017 to 2018, addresses incoming immigration judges in Falls Church, Va., in September 2018. The 11 new judges, who were appointed by Attorney General Jeff . 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. But investigators wrote in the full report that they substantiated such allegations against Maggard and other supervisors. 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. All items will pass through an x-ray machine and are subject to manual inspection if deemed necessary. 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 MuckRock users can file, duplicate, track, and share public records requests Secure .gov websites use HTTPS None of those deals with sexist or sexually inappropriate behavior, instead focusing on improper handling of the judicial process. free lookups / month. American Immigration Lawyers Association. Remember that the immigration court may limit entry. of Commerce) or to a sub-agency to process it. Deputy Chief Immigration Judge Print Maggard presided over the ceremony at the agency's Falls Church, Virginia, headquarters. These judges behavior toward women is not an isolated phenomenon in the immigration courts system. The new immigration judges were appointed by U.S. Attorney General Loretta E. Lynch. You can have a judge that has three or four complaints against them, and action is being taken, but if no one knows, the judge can hide it and no one knows the complaints are doing anything. Falls Church, VA 22041 Law360 may contact you in your professional capacity with information about our other products, services and events that we believe may be of interest.Youll be able to update your communication preferences via the unsubscribe link provided within our communications.We take your privacy seriously. 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. The sources declined to talk on the record because of the sensitivity of the subject matter. Email: tal.kopan@sfchronicle.com Twitter: @talkopan. Kopan started her journalism career in Chicago newsrooms, where she supported local coverage on a variety of fronts, including politics, crime, sports and weather. Social distancing (maintaining a distance of six feet from those with whom you do not live) is required. Already a subscriber? Some complaints are never shared in detail with the judge, and those who file them are not told the outcome. Phones and other wireless devices should be turned off before entering courtrooms. Contact the Court Hours: Opening for Filings Only Court Hours: 8 a.m. - 4:30 p.m. 133 0 obj <> endobj 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. In a Freedom of Information Act response, the Justice Department confirmed that a board member was banned from the building in April 2013 as a result of a complaint against him. Hoppock, who practices in Kansas City, Mo., frequently files requests for information from immigration agencies, which he then makes public. 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. The complaint process doesnt effectively serve management, doesnt effectively serve the judges or employees of (the agency), and it certainly doesnt effectively serve the public.. 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. 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. The changes take effect July 26.. Creating an independent immigration court seems to me like a no-brainer, Lofgren said at a hearing in January 2020. Its a problem that Bidens administration has inherited. See all files Please do not reply to this e-mail, as this account is not monitored. 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. Robert P. "Print" Maggard, Immigration Judge Judge Maggard was appointed as an immigration judge in April 2009. Copyright Rate Your Immigration Judge 2023. He is still there, hearing immigrants' cases but stripped of his. After the report was completed in November 2019, Maggard was demoted and reassigned to be an immigration judge in Sacramento. The U.S. Department of Justice is the department responsible for the enforcement of the law and administration of justice in the U.S. In EOIR space, staff or signs may direct you to a seat. Be prepared have a mask available. How long was I? A separate PDF reading app may be necessary. The comments occurred before the judge opened the recorded portion of the hearing, they said. I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on June 24, 2018. 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. 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. 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. Cassidy did not respond to requests for comment. 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. Law360 takes your privacy seriously. 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. Law360 may contact you in your professional capacity with information about our other products, services and events that we believe may be of interest.Youll be able to update your communication preferences via the unsubscribe link provided within our communications.We take your privacy seriously. 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: . The U.S. Subject: RE: Freedom of Information Act Request #FOIA-2018-39532. The Justice Department cited its policy of not commenting on personnel matters in declining to answer questions to The Chronicle about Grants banishment. Executive Office for Immigration Review (EOIR) is responsible for adjudicating immigration cases by conducting immigration court proceedings, appellate reviews, and administrative hearings. 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. But she said the Trump administration focused on different priorities namely, speeding up deportation cases and limiting immigrants ability to win asylum. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. 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. Even when Im saying it now, I feel like Im starting to get red in the face, the attorney said. 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.. ), Create custom alerts for specific article and case topics and, I took a free trial but didn't get a verification email. Masters of Public Administration (Organizational Leadership), Bachelor of Science (BS) (Psychology, Biology, Chemistry), If you're not automatically redirected, please click here. The immigration courts do have a system for reporting complaints. 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? Copyright 1993-document.write(new Date().getFullYear()) 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. ( The leading immigration law publisher - over 50000 pages of free information! [[To print the PDF on this page please use the print function in the PDF reader. 161 0 obj <>stream The brand-new 18th edition of Kurzban's Immigration Law Sourcebook is now shipping. Judge Print also served as an Immigration Judge at the San Francisco Immigration Court from May 2009 to December 2011. Such behavior often goes unchecked because there is no regular oversight of judges demeanor by Justice Department leadership, and attorneys say the formal complaint process is inadequate. Thank you in advance for your anticipated cooperation in this matter. An analysis of those records by Mendezs group, the Catholic Legal Immigration Network, showed only a handful of instances in which judges were suspended. From July 2006 . The Chronicle spoke with three people who confirmed the attorney shared the story with them shortly after it happened. 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. 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. U.S. Sophia Genovese, an immigration attorney, says it was common for immigration judges in Atlanta to make inappropriate remarks. 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. Subject: Freedom of Information Act Request: McHenry and Maggard Correspondence and Calendars on Pereira. The woman asked how long he was. Please see our Privacy Policy. 1331 G Street NW, Suite 300 The Justice Department said that without a written complaint, it could not comment on the allegation. Judge Simpson is a member of the New Jersey Bar. Building Access and Security Screening Process: All visitors to the John E. Moss Federal Building must undergo a security screening in the building lobby area. 3. Robert Print Maggard's 2021 pay is 29% higher than the average pay of an IJ employee at the Executive Office for Immigration Review . Sexual harassment has been a recurring problem in the Justice Department itself. If instructed to sit in a particular location, do not switch seats. (business & personal). Please see our Privacy Policy. The agency expects parties and stakeholders to raise legitimate concerns about conduct, rather than simply make ad hominem attacks against adjudicators or express disagreement with the outcome of a particular case, McHenry wrote. 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. Sign up for a free account. It never really got me anywhere, and it created enemies.. It is unacceptable for anyone with a track record of inappropriate behavior to be protected and promoted. It said substantiated allegations will be treated seriously and consistently result in formal discipline up to dismissal.. By Kelly Knaub (June 19, 2017, 5:19 PM EDT) -- The Executive Office for Immigration Review has sworn in 11 new immigration judges who will be hearing cases in California, Florida, Georgia, Illinois, Louisiana, New Jersey, Texas, Utah and Virginia, the immigration agency announced on Friday. Access to case data within articles (numbers, filings, courts, nature of suit, and more. 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. . This is normally due to the referral being transferred to another agency (for example, EPA to Dept. The complaints are not made public. 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 Individuals who do not comply with any relevant laws or policies may be denied access to or asked to leave the building or facility. 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. endstream endobj startxref The calendars for Print Maggard and James McHenry for the month of June, 2018. Some of the appointments they have made up there have been some of the worst offenders.. Data for the latter two years was posted online after The Chronicle inquired why reporting had stopped after 2018. ]], [This functionality does not work on your device. million verified professionals across 35 million companies. That lewd expression refers to a womans pubic area. He cracked a joke, and she was not amused, which Cassidy noticed. Additionally, the court may have to unexpectedly close due to inclement weather or another emergency. He improperly provided sample questions to a job candidate in advance of the persons interview and escorted a friend to another interview, an impermissible boost to her job application, investigators said.