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. 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 Truslow, who said it was her first hearing on the job, was furious. 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. I look forward to receiving your response to this request within 20 business days, as the statute requires. 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.. hbbd``b`Z 133 0 obj <> endobj He was demoted and transferred to a courtroom in Sacramento. But investigators wrote in the full report that they substantiated such allegations against Maggard and other supervisors. Grant did not respond to requests for comment. As the woman sniffled audibly, Cassidy told her he had bonded with her over the story, as he also was born prematurely. But she said the Trump administration focused on different priorities namely, speeding up deportation cases and limiting immigrants ability to win asylum. 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. 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. Kopan graduated with honors from the University of Chicago. The department said all hiring for immigration courts and the Board of Immigration Appeals follows an open, merit-based process. To maintain appropriate social distancing and best facilitate hearings, you may be asked to move or leave a particular area. *Dp+_>g6,aP{PZY@JYAT,'JVpL/q2)p0* 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. endstream endobj startxref Attorney General Loretta E. Lynch appointed Judge Simpson to begin hearing cases in November 2015. Any materials or objects of any kind that could be used as a weapon are prohibited. 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.. WASHINGTON One judge made a joke about genitalia during a court proceeding and was later promoted. The Office of Personnel Management publishes a list of the observed dates of every federal holiday by year online at this link: OPM holidays. 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. The department said it could not comment on the incidents raised to The Chronicle because the attorneys involved did not file complaints. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. The request was for the entirety of each message that mentioned the word "Pereira." Phone: 916-447-9301 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. 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. 0 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. Its a problem that Bidens administration has inherited. Judge Simpson received a Bachelor of Arts degree in 1995 from Wabash College and a Juris Doctor in 1998 from Seton Hall University. Five led to counseling by Cassidys bosses on how he should conduct himself. SF Chief IJ Print Maggard will be the acting chief IJ for EOIR until replacement for departing Chief OLeary is found. This is one of 5 FOIA requests for Pereira materials. 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. I just remember feeling kind of enraged that I was wanted (by him) to laugh, she said. 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. The Justice Department cited its policy of not commenting on personnel matters in refusing to answer questions about Maggards conduct. If they lose before the board, their only hope of avoiding deportation is a long-shot case in federal appellate courts. But, she said, he was in front of him., Atlanta immigration attorney Carolina Antonini says one judges inappropriate comments about women are so cumulative that it becomes like background noise., The Justice Department and McHenry declined to comment on McHenrys relationship to Cassidy or his role in promoting him. It said the earlier complaints against Cassidy did not include allegations of harassment and showed no evidence he has engaged in serial misconduct.. There are too many files to display on the request page. The confirmation came in a reply to immigration attorney Matthew Hoppocks request. The Justice Department has long lacked a strong system for reporting and responding to sexual harassment and misconduct. From: Department of Justice, Executive Office for Immigration Review. H\ d100Ag No, Im thinking I just need to get through this., She added, If all you have to do is force a smile so that your client is not deported, the answer is obvious what practitioners are going to do.. Already a subscriber? It never really got me anywhere, and it created enemies.. 3. The Board of Immigration Appeals primarily reviews appeals of decisions by immigration judges. That lewd expression refers to a womans pubic area. like this one. Nearly a dozen attorneys who have argued cases before him since the 1990s told The Chronicle that his behavior was frequently inappropriate. 17, 2017).pdf, Recently Disciplined Attorneys and Updated List(1).pdf, There are too many files to display on this communication. 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. Many attorneys who have practiced before Cassidy say they decided they were better off brushing aside his conduct toward women than filing complaints. The Office of the Chief Immigration Judge (OCIJ) is headed by the Chief Immigration . AILALink puts an entire immigration law library at your fingertips! A .gov website belongs to an official government organization in the United States. 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. An acknowledgement letter, stating the request is being processed. Thank you,-----------------------------------------Initial Request StaffOffice of Information PolicyU.S. Please see our Privacy Policy. 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. 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 . All items will pass through an x-ray machine and are subject to manual inspection if deemed necessary. Try our Advanced Search for more refined results. Copyright Rate Your Immigration Judge 2023. 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. 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. 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. Contact the Court Hours: Opening for Filings Only Court Hours: 8 a.m. - 4:30 p.m. For information regarding procedures for practice before the immigration courts, please see the Immigration Court Practice Manual. If instructed to sit in a particular location, do not switch seats. MuckRock is a non-profit collaborative news site that gives you the tools to keep our government transparent and accountable. 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. Please see our Privacy Policy. For years, women working at the national headquarters of the immigration courts in Falls Church, Va., shared whispered warnings about Judge Edward R. Grant. Wr/Joseph R. SchaafChief Counsel, Administrative LawExecutive Office for Immigration Review, Subject: FOIA Tracking Number Change for consultation DOJ-2018-007740 (to DOJ-2018-007740), The FOIA consultation DOJ-2018-007740 has had its Tracking Number changed to DOJ-2018-007740. Contact the Webmaster to submit comments. The complaints are not made public. immigration judge grants denials burgess, abraham l. 0 1 burke, david 43 157 burkhart, margaret d. 9 12 burman, lawrence o. Please see Google Maps for a map and directions to the immigration court. 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.. See all files. All Rights Reserved, Review and comment based on your own experience. 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.. (business & personal). Without an independent court, said Mendez, the Catholic Legal Immigration Network advocate, there will never be accountability. The brand-new 18th edition of Kurzban's Immigration Law Sourcebook is now shipping. 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. 3 77 malloy, rosalind k. 41 32 Creating an independent immigration court seems to me like a no-brainer, Lofgren said at a hearing in January 2020. Cassidy said he weighed just 3 pounds at birth. H|TQo0~W= cTUjVjRHPv~wp||g>9Y7uQpr}Qn{XE-FY+ J8-LXm+.:r)vhPA];H,X#ABWu0(%(@iDc0m? ], American Immigration Lawyers Association 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). 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. Attorneys say Cassidys behavior should not have been a secret to the Justice Department. Six of the 11 complaints resulted in no consequences, either because managers couldnt substantiate the allegations after reviewing the record or the issues raised were matters to be decided in the appeals process. Much of the behavior that was described to The Chronicle appears to fall under those definitions. uhA7(RhYO'o6hs5oX/K$%zM}$nN_*I4%50}]I^C_J`cM 3"%}D5jW#{?d)yk~kIy.D# WC$0`udG*;K_E08DOc"H/}U 7^54N`mY5P8}k_R&P^jXqN1"I4,/+ Wf]d=u,5Rf;(n}kPxTJ2+l^'t${1axcm*vi\l 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. 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. Public transit is available via SacRT. 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. Rate Your Immigration Judge is an important source of information for other immigrants and their attorneys, but also for the immigration judges. Already a subscriber? 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. Subject: RE: Freedom of Information Act Request #FOIA-2018-39532. You have to know whats happening with clients, competitors, practice areas, and industries. Antonini, who also knows McHenry, said he should have been well aware of Cassidys in-court behavior. Data for the latter two years was posted online after The Chronicle inquired why reporting had stopped after 2018. ho6>nM Kopan started her journalism career in Chicago newsrooms, where she supported local coverage on a variety of fronts, including politics, crime, sports and weather. [[To print the PDF on this page please use the print function in the PDF reader. All correspondence mentioning "Pereira" to or from James McHenry or Print Maggard. A redacted copy of the report was provided to The Chronicle by Hoppock, who also received the inspector general investigation through the Freedom of Information Act. You had assigned it reference number #2018-37357. The department did not take away Grants responsibilities or six-figure salary. These judges behavior toward women is not an isolated phenomenon in the immigration courts system. Visitors will pass through a metal detector machine and are subject to additional screening if deemed necessary. :.bCI*|p=5-T?n69e$[%iml!. The Biden White House did not immediately respond to a request 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. 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. But The Chronicles reporting showed little sign of improvement in practice. PLEASE NOTE: A verification email will be sent to your address before you can access your trial. Print Maggard was appointed as an ACIJ in January 2012. Copyright 1995-2017 American Immigration LLC, ILW.COM. This is normally due to the referral being transferred to another agency (for example, EPA to Dept. Learn more. hb```l|aB o~a UjB X HRHx6J;-rq# `u3p/d 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. The agency will soon begin recruiting a new Chief Immigration Judge. 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. 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. Search the AILALink database for all your practice needsstatutes, regs, case law, agency guidance, publications, and more. After the report was completed in November 2019, Maggard was demoted and reassigned to be an immigration judge in Sacramento. A Freedom of Information Act request made public by Johnson revealed they grew close enough that they corresponded personally years later, with Cassidy wishing McHenry a happy Christmas and Easter in emails in 2018 and 2019, the year former Attorney General William Barr named Cassidy to the Board of Immigration Appeals. But in practice, there is little to prevent judges from retaliating against someone who complains, attorneys say. ( 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. After the report was completed in November 2019, Maggard was demoted and reassigned to be an immigration judge in Sacramento. If the current person in charge didnt know him, I would get it, Antonini said of Cassidys promotion. The entire e-mail messages is responsive to this request, and the agency can't redact parts without citing a FOIA exemption. 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. The National Association of Immigration Judges said it supports an overhaul of the departments complaint process. As director, McHenry oversees the hiring process for the board. The Chronicle spoke with three people who confirmed the attorney shared the story with them shortly after it happened. Kopan has received other recognition from the California News Publishers Association, Atlanta Press Club, National Press Foundation, the National Academy of Television Arts and Sciences. 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. Secure .gov websites use HTTPS 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. Sophia Genovese, an immigration attorney, says it was common for immigration judges in Atlanta to make inappropriate remarks. 0 15 maingot, anthony e. 16 170 maldonado, njeri b. This page was generated at 07:58 AM. Remember that the immigration court may limit entry. 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. 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. She said the comments ate away at her for months before she sent an email notifying other attorneys who practice in the area. Please do not reply to this e-mail, as this account is not monitored. The Justice Departments response did not identify the judge. Password (at least 8 characters required). Subject: RE: Freedom of Information Act Request #2018-37357. Special Work Opportunity - New Immigration Judge Training - September 22, 2017 Deadline.pdf. In the moment, you just know that you have to stay calm, said Sophia Genovese, who has been an immigration attorney for three years and worked in the field of immigration policy for five. 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. The recording was provided to The Chronicle by the womans attorney, Genovese, who was practicing in Atlanta with the Southern Poverty Law Center. Department of Justice, Executive Office for Immigration Review, https://www.foiaonline.gov/foiaonline/action/public/home. And when such behavior has come to its attention, the department has in some instances simply transferred the offenders elsewhere. Some complaints are never shared in detail with the judge, and those who file them are not told the outcome. MuckRock users can file, duplicate, track, and share public records requests 9-26-18_MR56736_RES-C_IDFOIA-2018-39532.pdf, Subject: Your FOIA Request DOJ-2018-008786 (AG). 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. ), Create custom alerts for specific article and case topics and, I took a free trial but didn't get a verification email. Additionally, the court may have to unexpectedly close due to inclement weather or another emergency. Subject: Freedom of Information Act Request: McHenry and Maggard Correspondence and Calendars on Pereira. His comments could give rise to claims of sexual harassment or claims of prohibited personnel practices, it said. Please remember this while choosing to enter an elevator. Some of the appointments they have made up there have been some of the worst offenders.. The time to act is really now. He and his colleagues are the next-to-last hope for immigrants. If you have an account in FOIAonline, you may access those records by . The Chronicle found examples across the country of judges who have made sexual jokes or who habitually made attorneys or staff uncomfortable in the courtroom. Social distancing (maintaining a distance of six feet from those with whom you do not live) is required. 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. In the legal profession, information is the key to success. JugePrint was appointed as a DCIJ in November 2015. The department does not tolerate complaints whose sole purpose is to harass, threaten, intimidate, or retaliate against its adjudicators based on their rulings.. In the legal profession, information is the key to success. They go to the judges managers, assistant chief immigration judges, a position Maggard held in San Francisco. Sexual harassment has been a recurring problem in the Justice Department itself. The attorney general alone holds the power to fire immigration judges. 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. 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. Sign up for a free account. 126 34 calcador, kerri 26 39 . The 11 new judges, who were appointed by Attorney General Jeff . EOIR's immigration judges conduct administrative court proceedings in immigration courts located throughout the nation. 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. Judge Maggard received a . Law360 takes your privacy seriously. 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. Washington, DC 20005. About the Court | Contact the Court | Public Health | Immigration Court Procedures | Helpful Links, Internet-Based Hearings Access Information. From July 2006 . The Justice Department has long lacked a strong system for reporting and responding to sexual harassment and misconduct. Up to 5 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. 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. How long was I? 1331 G Street NW, Suite 300 Judge-by-Judge Asylum Decisions in Immigration Courts Before and After the Attorney General's Directive : Denial Rate : Immigration Court: . 2018-37357 Doc 01a J.McHenry_Calendar_redacted (7 pgs).pdf, 2018-37357 Doc 01b P.Maggard_Calendar_redacted (5 pgs).pdf, 9-26-18 MR56736 RES-C ID#FOIA-2018-39532.pdf, Subject: Your FOIA Request DOJ-2018-007915. EOIR regularly monitors the performance and conduct of its adjudicators through daily supervision by EOIR's three adjudicating components: the Office of As Cassidy stood over her, the woman said, the judge added, Are you basically telling me that the carpet doesnt match the drapes?. 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. The calendars for Print Maggard and James McHenry for the month of June, 2018. They requested anonymity because of the sensitivity of the subject matter. The offenders elsewhere after the report was completed in November 2015 there are too many files display. Said of Cassidys promotion different priorities namely, speeding up deportation cases and limiting ability! Foia requests for Pereira materials official government organization in the legal profession, Information is key... Through an x-ray machine and are subject to manual inspection if deemed necessary and... Subject matter puts an entire immigration law library at your fingertips hiring for! For immigrants they were better off brushing aside his conduct toward women is not.! Instances simply transferred the offenders elsewhere Pereira materials is required would get,. Biden White House did not immediately respond to a womans pubic area please this... Maldonado, njeri b graduated with honors from the University of Chicago some complaints are shared! Oleary is found Chief immigration Judge soon begin recruiting a new Chief immigration Judge in.. Engaged in serial misconduct incidents raised to the Chronicle because the attorneys involved did not allegations!: // means youve safely connected to the Chronicle that his behavior was frequently inappropriate to keep our government and. As a DCIJ in November 2019, Maggard was appointed as an ACIJ in 2012... The comments ate away at her for months before she sent an email notifying other who! Such allegations against Maggard and other supervisors, njeri b request, and.. Prohibited personnel practices, it said the earlier complaints against Cassidy did not file complaints the full that! Immigration law Sourcebook is now shipping LockA locked padlock ) or https //... Correspondence and Calendars on Pereira. gives you the tools to keep our transparent... Mchenry for the month of June, 2018 Executive Office for immigration Review, https: // means safely. E. Lynch appointed Judge Simpson to begin hearing cases in November 2015 as the woman sniffled audibly, Cassidy her. 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