Justice Department data shows the administration dismissed more complaints against judges than its predecessor. 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. As the woman sniffled audibly, Cassidy told her he had bonded with her over the story, as he also was born prematurely. 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. In a sworn affidavit in an administrative complaint filed with the Justice Department, one attorney wrote that a judge in El Paso, Texas, commented on the attractiveness of an asylum seeker as if it were an explanation for her persecution. 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. You know if you do anything to piss him off, thats going to ruin your reputation in his eyes. She said the comments ate away at her for months before she sent an email notifying other attorneys who practice in the area. The Chronicles investigation revealed that inappropriate behavior by judges was far from uncommon in immigration courts around the country, and that the comments made by the Atlanta attorneys echoed sentiments voiced by their peers nationwide. We are committed to an effective and efficient immigration court process and we are happy that Congress has given us the funding to hire additional immigration judges, as well as the support staff they need, said Maggard. Nichole Rodriguez - email: nichole.rodriguez@usdoj.gov, Jonathan W. Hitesman, Assistant Chief Immigration Judge, John Moss Federal Building He is still there, hearing immigrants cases but stripped of his supervisor duties. Pursuant to the Freedom of Information Act, I hereby request the following records: 1. Without an independent court, said Mendez, the Catholic Legal Immigration Network advocate, there will never be accountability. Interviews with dozens of attorneys across the country and current and former government officials, as well as internal documents obtained by The Chronicle, show the problems have festered for years. 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). 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.. Some complaints are never shared in detail with the judge, and those who file them are not told the outcome. 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. EOIR says: The Executive Office for Immigration Review today announced that, following more than six years of service with distinction as Chief Immigration Judge, Brian M. O'Leary has decided to return to the immigration bench as an immigration judge at the Arlington . Creating an independent immigration court seems to me like a no-brainer, Lofgren said at a hearing in January 2020. 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 Only then, she argues, should he support legislation making the courts independent. 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. There are too many files to display on the request page. of Commerce) or to a sub-agency to process it. Robert Print Maggard's 2021 pay is 29% higher than the average pay of an IJ employee at the Executive Office for Immigration Review . But at the end of the day, I know how far a complaint could take me. In those roles, he appeared in numerous cases before Cassidy. PLEASE NOTE: A verification email will be sent to your address before you can access your trial. Sexual harassment has been a recurring problem in the Justice Department itself. 650 Capitol Mall, Suite 4-200 Supervisors of judges have also engaged in behavior that could give rise to harassment or misconduct claims, according to a 2019 Justice Department inspector generals report obtained by The Chronicle. Waiting times to enter the building and EOIR space may be significantly longer than usual. He is still there, hearing immigrants' cases but stripped of his. Chronicle investigation: U.S. Justice Department lacks strong harassment oversight for judges, Lauren Lancaster / Special to The Chronicle, Lynsey Weatherspoon / Special to The Chronicle, 11 complaints have been filed about Cassidy, complaint alleging violations of immigrants rights, close enough that they corresponded personally, Your Privacy Choices (Opt Out of Sale/Targeted Ads). For more information about those DHS offices, please see the following links: News Media/Congressional Inquiries: News media and congressional inquiries regarding the immigration court must be directed to the EOIR Communications and Legislative Affairs Division (CLAD): Communications and Legislative Affairs Division Try our Advanced Search for more refined results. 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. You have to know whats happening with clients, competitors, practice areas, and industries. Security officers may inspect electronic equipment and conduct additional screening if deemed necessary or instructed to do so by the court. No credit card required. $[AD%` $_$zA>+Zbm@7 @+ The very structure of the courts creates the conditions that allow bad actors to escape consequences, experts say. They requested anonymity because of the sensitivity of the subject matter. Deputy Chief Immigration Judge Print Maggard presided over the ceremony at the agency's Falls Church, Virginia, headquarters. In one instance, captured on courtroom audio, Cassidy had just granted relief from deportation in 2019 to a green card holder from Germany. Learn more. In EOIR space, staff or signs may direct you to a seat. A joint initiative between the American Immigration Council and AILA seeks to change the playing field for immigrants facing deportation. Official websites use .gov The departments main objectives are to enforce the law and defend the interests of the U.S. according to the law; to ensure public safety against threats foreign and Find contact details for 700 million professionals. I look forward to receiving your response to this request within 20 business days, as the statute requires. The leading immigration law publisher - over 50000 pages of free information! 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.. He cracked a joke, and she was not amused, which Cassidy noticed. A separate PDF reading app may be necessary. 3. The immigration court has put into place procedures to implement the guidance of public health officials. PLEASE NOTE: A verification email will be sent to your address before you can access your trial. See all files I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on June 24, 2018. Subject: RE: Freedom of Information Act Request #FOIA-2018-39532. 0 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. AILAs Advocacy Action Center allows you to advocate for legislative and policy reforms consistent with AILAs principles and priorities. Contact the Webmaster to submit comments. Please find attached this Office's acknowledgment of the above-referenced request. The Justice Department cited its policy of not commenting on personnel matters in declining to answer questions to The Chronicle about Grants banishment. 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. Data for the latter two years was posted online after The Chronicle inquired why reporting had stopped after 2018. 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.. The recording was provided to The Chronicle by the womans attorney, Genovese, who was practicing in Atlanta with the Southern Poverty Law Center. 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. It called the current system difficult to use for complainants and judges alike. 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.. free lookups / month. The agency will soon begin recruiting a new Chief Immigration Judge. Subject: RE: Freedom of Information Act Request #2018-37357. EOIR operates within a variety of settings across the country, most commonly in federal or leased buildings controlled by the General Services Administration and detention facilities operated by the Department of Homeland Security. 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. 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.. Attorney General Loretta E. Lynch appointed Judge Simpson to begin hearing cases in November 2015. of Commerce) or to a sub-agency to process it. Department of Justice, Executive Office for Immigration Review, https://www.foiaonline.gov/foiaonline/action/public/home. The Sacramento Immigration Court falls under the jurisdiction of the Office of the Chief Immigration Judge, which is a component of the Executive Office for Immigration Review under the Department of Justice. See all files. An immigration judge might retaliate against the advocate by punishing her clients and these are people fleeing persecution, rape and even death, Mendez said. Please review only once unless you have a new experience with this judge. Maggard did commit clear personnel misconduct, the investigators concluded. Law360 provides the intelligence you need to remain an expert and beat the competition. Much of the behavior that was described to The Chronicle appears to fall under those definitions. 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. The National Association of Immigration Judges said it supports an overhaul of the departments complaint process. The department said all of its employees complete mandatory sexual harassment and misconduct awareness training. It is unacceptable for anyone with a track record of inappropriate behavior to be protected and promoted. That lewd expression refers to a womans pubic area. MuckRock users can file, duplicate, track, and share public records requests AILA.org should not be relied upon as the exclusive source for your legal research. There is no parking available in the John E. Moss Federal Building for the general public. As director, McHenry oversees the hiring process for the board. Given the nature of this request, some records are only being released to you as the requester. Truslow, who said it was her first hearing on the job, was furious. 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. 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. [[To print the PDF on this page please use the print function in the PDF reader. She joined the newsroom in 2018 after covering D.C. politics, immigration policy, justice and national security, cybersecurity and other hot-button issues for CNN Politics and Politico. 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. 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. like this one. From May 2009 to December 2011, Judge Maggard served at the San Francisco Immigration Court as an immigration judge. 126 34 calcador, kerri 26 39 . Special Work Opportunity - New Immigration Judge Training - September 22, 2017 Deadline.pdf. The George Washington University Law School, University of the Pacific - McGeorge School of Law, {{ userNotificationState.getAlertCount('bell') }}. ), Create custom alerts for specific article and case topics and, I took a free trial but didn't get a verification email. No complaints resulted in formal discipline in 2017, 2018 or 2020, and 5% or fewer did other years. Holidays and Emergencies: The immigration court is open Monday to Friday except for federal holidays. Sign up for a free account. 9-26-18_MR56736_RES-C_IDFOIA-2018-39532.pdf, Subject: Your FOIA Request DOJ-2018-008786 (AG). 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. 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. He received a bachelor of arts degree in 1982 from Western Kentucky University; a masters of public administration in 1987 from Golden Gate University; 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. 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. She added that the court system explicitly forbids retaliation.. Two commercial parking lots, open and covered, are within walking distance to the building. Rate Your Immigration Judge is an important source of information for other immigrants and their attorneys, but also for the immigration judges. Judge-by-Judge Asylum Decisions in Immigration Courts Before and After the Attorney General's Directive : Denial Rate : Immigration Court: . The Chronicle spoke with three people who confirmed the attorney shared the story with them shortly after it happened. A third, a supervisor based mostly in San Francisco, commented with colleagues about the attractiveness of female job candidates, an internal investigation concluded. Subject: FOIA Appeal DOJ-AP-2019-000724 Submitted, This message is to notify you of a new appeal submission to the FOIAonline application. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. 3 77 malloy, rosalind k. 41 32 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. He also warned attorneys not to make baseless complaints designed to harass, threaten, intimidate, or retaliate against judges. The complaints are not made public. Individuals who do not comply with any relevant laws or policies may be denied access to or asked to leave the building or facility. 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. 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. Be prepared have a mask available. In the legal profession, information is the key to success. 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. The Office of Personnel Management publishes a list of the observed dates of every federal holiday by year online at this link: OPM holidays. The Trump administration did little to change the pattern, The Chronicle found, and in one case even promoted a judge who many women have said made them feel uncomfortable in open court and behind the scenes for years. Removing judges who commit misconduct from the courts will be no easy task for Biden, as the system itself is part of the problem, experts say. 703-305-0289 (phone)PAO.EOIR@usdoj.gov. Secure .gov websites use HTTPS The department said it could not comment on the incidents raised to The Chronicle because the attorneys involved did not file complaints. Although the supervisors name was blacked out, multiple sources familiar with the contents of the report confirmed it was Print Maggard. But in practice, there is little to prevent judges from retaliating against someone who complains, attorneys say. Judge Maggard received a . Grant issues his rulings without seeing the inside of a courtroom. Please see our Privacy Policy. Cassidy said he weighed just 3 pounds at birth. million verified professionals across 35 million companies. 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. 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. endstream endobj 137 0 obj <>stream 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. AILA Doc. 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. I just remember feeling kind of enraged that I was wanted (by him) to laugh, she said. 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. The U.S. Judge Daugherty is a member of the Ohio Bar. Metered street parking is nearby. 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. The calendars for Print Maggard and James McHenry for the month of June, 2018. Nearly a dozen attorneys who have argued cases before him since the 1990s told The Chronicle that his behavior was frequently inappropriate. An eye View; Opening and closing brackets with a diagonal slash through . A complaint process thats not transparent loses about 90% of its utility, Slavin said. Attached is this Office's response to the above-referenced request. It said substantiated allegations will be treated seriously and consistently result in formal discipline up to dismissal.. A 2017 inspector generals report that detailed the departments mishandling of sexual harassment in the civil division, a separate division of the agency, prompted a new set of agencywide policies and definitions on harassment and misconduct. SF Chief IJ Print Maggard will be the acting chief IJ for EOIR until replacement for departing Chief OLeary is found. 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. hb```l|aB o~a UjB X HRHx6J;-rq# `u3p/d 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. He and his colleagues are the next-to-last hope for immigrants. How long was I? The department said all hiring for immigration courts and the Board of Immigration Appeals follows an open, merit-based process. A .gov website belongs to an official government organization in the United States. endstream endobj startxref Oh, men never answer that question, Cassidy said. The Office of the Chief Immigration Judge (OCIJ) is headed by the Chief Immigration . 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. After the report was completed in November 2019, Maggard was demoted and reassigned to be an immigration judge in Sacramento. It is an ever-present buzz. ], American Immigration Lawyers Association pdf.pdf, Policy & Case Law Bulletin - January 26, 2018.pdf, Supreme Court Published - Maslenjak v. United States.pdf, Recently Disciplined Practitioners, Reinstated (2).pdf. Robert Print Maggard's 2021 pay is 22% higher than the average General Attorney across all agencies. 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. 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 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. You had assigned it reference number #2018-37357. The attorneys were not identified by name in the report. 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. Its a problem that Bidens administration has inherited. The Justice Department cited its policy of not commenting on personnel matters in refusing to answer questions about Maggards conduct. The calendars for Print Maggard and James McHenry for the month of June, 2018. Other senior managers also commented on the womens appearance, it said. Any records referencing phone conferences regarding the Supreme Court's decision in Pereira v. . FALLS CHURCH, VA - The Executive Office for Immigration Review (EOIR) today announced the investiture of two immigration judges. Attorney General H. Eric Holder Jr. appointed Judge Daugherty to begin hearing cases in November 2015. 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. Many attorneys who have practiced before Cassidy say they decided they were better off brushing aside his conduct toward women than filing complaints. Already a subscriber? Up to 5 Password (at least 8 characters required). Try our Advanced Search for more refined results. Other judges may have been fired, but the department does not separate firings from retirements or resignations in its data. 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. He was demoted and transferred to a courtroom in Sacramento. 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. In that moment, am I thinking that I might be perpetuating sexism in the system? Please see the agencys Public Health Noticefor more information. You have to know whats happening with clients, competitors, practice areas, and industries. 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. No. The investigation of sexually inappropriate behavior is tucked away in the inspector generals report, which is mainly about personnel misconduct, and was left out of a public summary. Jr. appointed Judge Daugherty to begin hearing cases in November 2015 a sub-agency to process it page. Business days, as he also was born prematurely judges said it was Print Maggard James! Complaints resulted in formal discipline in 2017, 2018 or 2020, and 5 % fewer. Blacked out, multiple sources familiar with the print maggard immigration judge rating, and industries hearing cases in 2015... Of Commerce ) or to a seat the attorneys were not identified by name in John... They were better off brushing aside his conduct toward women than filing complaints, who said it supports an of! 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