17, 2017).pdf, Recently Disciplined Attorneys and Updated List(1).pdf, There are too many files to display on this communication. ho6>nM In response to detailed questions before President Biden took office, the Justice Department declined to comment on specific allegations against judges, citing the privacy of personnel matters in some instances and the lack of written complaints in others, but said generally that it follows department procedures on misconduct. 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. Immigration Court Backlog and Reprioritization, AILAs Immigration Law Practice & Procedure Manual, EOIR Announces that Chief Immigration Judge Is Stepping Down. Biden has proposed legislation that would expand training for judges and give them more discretion to grant protections to immigrants. Visitors will pass through a metal detector machine and are subject to additional screening if deemed necessary. You had assigned it reference number #2018-37357. %PDF-1.5 % FALLS CHURCH, VA - The Executive Office for Immigration Review (EOIR) today announced the investiture of two immigration judges. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. Although the supervisors name was blacked out, multiple sources familiar with the contents of the report confirmed it was Print Maggard. American Immigration Lawyers Association. 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. Hoppock shared the response with The Chronicle. Up to 5 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.. 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. 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. 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. 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.. Public transit is available via SacRT. 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. To maintain appropriate social distancing and best facilitate hearings, you may be asked to move or leave a particular area. 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 EOIR regularly monitors the performance and conduct of its adjudicators through daily supervision by EOIR's three adjudicating components: the Office of You have to know whats happening with clients, competitors, practice areas, and industries. A separate PDF reading app may be necessary. Please do not bring people with you into EOIR space unless they are required to be present for your hearing. That lewd expression refers to a womans pubic area. 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 judges behavior appears to violate the departments conduct policies and raises questions about the immigration courts ability to function fairly. 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 Justice Departments response did not identify the judge. 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. From July 2006 . The sources declined to talk on the record because of the sensitivity of the subject matter. 3. Sacramento, CA 95814. Nichole Rodriguez - email: nichole.rodriguez@usdoj.gov, Jonathan W. Hitesman, Assistant Chief Immigration Judge, John Moss Federal Building Please see our Privacy Policy. When all the requests have been completed, appropriate documents will be posted in the FOIA reading room IAW the "rule of 3". The Justice Department cited its policy of not commenting on personnel matters in refusing to answer questions about Maggards conduct. 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. 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. Sexual harassment has been a recurring problem in the Justice Department itself. The Justice Department has long lacked a strong system for reporting and responding to sexual harassment and misconduct. Some complaints are never shared in detail with the judge, and those who file them are not told the outcome. 3. It did not say whether it offers any additional gender sensitivity training for its judges. The new immigration judges were appointed by U.S. Attorney General Loretta E. Lynch. The Office of Personnel Management publishes a list of the observed dates of every federal holiday by year online at this link: OPM holidays. logging into FOIAonline (https://www.foiaonline.gov/foiaonline/action/public/home), Hoppock, Matthew, AP-2019-000724, Appeal response letter, Recently Disciplined Attorneys and Updated List (2).pdf, RE_ Recently Disciplined Practitioners, Reinsta.pdf, Detail Opportunities - Las Vegas and Florence.pdf, SPECIAL WORK OPPORTUNITY - BIA Precedent Committee.pdf, Detail Opportunity - Las Vegas (new dates) and .pdf, Recently disciplined attorneys and updated list(5).pdf, Recently Disciplined Practitioners, Reinstated (12).pdf, Recently Disciplined Practitioners, Reinstated (8).pdf, Special Work Opportunity - IJs to Adjudicate Attorney Discipline Cases.pdf, Special Work Opportunity - R&A Cases (On Behalf of CIJ Keller).pdf, Recently Disciplined Attorneys and Updated List(2).pdf, Recently disciplined attorneys and updated list(4).pdf, Atty Discipline Chart Primary (2) email attachment 1-25-18 .pdf, Recently disciplined attorneys and updated list(8).pdf, Supreme Court Published - Sessions v. Morales-Santana.pdf, Special Work Opportunity - New Immigration Judge Training - September 22, 2017 Deadline.pdf, Recently disciplined attorneys and updated list(7).pdf, Special Work Opportunity - survey committee.pdf, Training Topics - New Immigration Judge Traini- email attachment. I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on June 24, 2018. How long was I? Sign up for a free account. Immigration attorney Sophia Genovese says it is common for judges to make inappropriate comments, and theres just no accountability for it.. maggard, print 5 4 mahasa, zakia 34 27 mahtabfar, sunita b. 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. Please see Google Maps for a map and directions to the immigration court. This is normally due to the consultation being transferred to another agency (for example, EPA to Dept. 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 Robert Print Maggard's 2021 pay is 22% higher than the average General Attorney across all agencies. The National Association of Immigration Judges said it supports an overhaul of the departments complaint process. Subject: RE: Freedom of Information Act Request #2018-37357. Any materials or objects of any kind that could be used as a weapon are prohibited. In the interim, Assistant Chief Immigration Judge Print Maggard will serve as the Acting Chief Immigration Judge. But making the courts independent would keep the Biden administration from directly changing the system, including firing bad-actor judges. Email: tal.kopan@sfchronicle.com Twitter: @talkopan. The Biden White House did not immediately respond to a request for comment. The immigration court has put into place procedures to implement the guidance of public health officials. 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 use the download button to access the PDF. Oh, men never answer that question, Cassidy said. Social distancing (maintaining a distance of six feet from those with whom you do not live) is required. 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. But in practice, there is little to prevent judges from retaliating against someone who complains, attorneys say. Copyright Rate Your Immigration Judge 2023. 650 Capitol Mall, Suite 4-200 Pursuant to the Freedom of Information Act, I hereby request the following records: 1. 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. The actions did not constitute sexual harassment under Justice Department policy, the report said, because the subjects of the comments were unaware of them and the policy requires that the conduct be unwelcome. Maggard was joking with willing colleagues, the report said. pdf.pdf, Policy & Case Law Bulletin - January 26, 2018.pdf, Supreme Court Published - Maslenjak v. United States.pdf, Recently Disciplined Practitioners, Reinstated (2).pdf. Attorney General H. Eric Holder Jr. appointed Judge Daugherty to begin hearing cases in November 2015. His comments could give rise to claims of sexual harassment or claims of prohibited personnel practices, it said. The agency will soon begin recruiting a new Chief Immigration Judge. 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.. Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE), ICE Enforcement and Removal Operations Field Office, EOIRs Programs to Fight Fraud, Abuse, and Ineffective Representation in Immigration Proceedings. In one instance, captured on courtroom audio, Cassidy had just granted relief from deportation in 2019 to a green card holder from Germany. Search over 700 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. There was just no real concern about conduct by management at that point, and in addition to that, there was no real way that they got feedback about it, because there were no assistant chief judges in the field.. like this one. The department said it could not comment on the incidents raised to The Chronicle because the attorneys involved did not file complaints. The confirmation came in a reply to immigration attorney Matthew Hoppocks request. It declined to say whether the others who participated in the conversations with Maggard were identified or faced consequences. The department said all of its employees complete mandatory sexual harassment and misconduct awareness training. 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. The U.S. Executive Office for Immigration Review (EOIR) is responsible for adjudicating immigration cases by conducting immigration court proceedings, appellate reviews, and administrative hearings. The complaints are not made public. 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). 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. 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. There are too many files to display on the request page. You know if you do anything to piss him off, thats going to ruin your reputation in his eyes. Already a subscriber? Judge Maggard received a . Password (at least 8 characters required). 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. Please allow for additional time to go through the security screening process. It called the current system difficult to use for complainants and judges alike. The agency will soon begin recruiting a new Chief Immigration Judge. Under delegated authority from the Attorney General, immigration judges and the Board of Immigration Appeals interpret and adjudicate immigration cases according to United States immigration laws. 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. Print Maggard's Email & Phone Number Immigration Judge @ U.S. Department of Justice Location San Francisco, California, United States Work Immigration Judge @ u.s. Department of Justice Deputy Chief Immigration Judge @ u.s. Department of Justice Assistant Chief Immigration Judge @ u.s. Department of Justice see more Education The woman did not acknowledge the joke, though someone else in the court laughed. 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. 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. A third, a supervisor based mostly in San Francisco, commented with colleagues about the attractiveness of female job candidates, an internal investigation concluded. Without an independent court, said Mendez, the Catholic Legal Immigration Network advocate, there will never be accountability. This page was generated at 07:58 AM. ]], [This functionality does not work on your device. If the current person in charge didnt know him, I would get it, Antonini said of Cassidys promotion. Other judges may have been fired, but the department does not separate firings from retirements or resignations in its data. Share sensitive information only on official, secure websites. Jonathan S. Simpson, Immigration Judge, San Francisco Immigration Court. 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. 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. of Commerce) or to a sub-agency to process it. 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 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. S;yNm!>C5dRj'@>qTBz/l}QyE]m)N}-UB3PUYYP'dd}*;D<36k1/1st:_ *P Sophia Genovese, an immigration attorney, says it was common for immigration judges in Atlanta to make inappropriate remarks. Thanks for your help, and let me know if further clarification is needed. Grant issues his rulings without seeing the inside of a courtroom. Truslow, who said it was her first hearing on the job, was furious. After the report was completed in November 2019, Maggard was demoted and reassigned to be an immigration judge in Sacramento. AILAs Advocacy Action Center allows you to advocate for legislative and policy reforms consistent with AILAs principles and priorities. In the legal profession, information is the key to success. 126 34 calcador, kerri 26 39 . They requested anonymity because of the sensitivity of the subject matter. If they lose before the board, their only hope of avoiding deportation is a long-shot case in federal appellate courts. See all files He received a bachelor of arts degree in 1982 from Western Kentucky University; a masters of public administration in 1987 from Golden Gate University; But The Chronicles reporting showed little sign of improvement in practice. In EOIR space, staff or signs may direct you to a seat. Maggard did not respond to requests for comment. Subject: FOIA Appeal DOJ-AP-2019-000724 Submitted, This message is to notify you of a new appeal submission to the FOIAonline application. Holidays and Emergencies: The immigration court is open Monday to Friday except for federal holidays. 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. It is not a system designed to protect complainants. The Chronicle's detailed policy governing the use of such sources, including the use of pseudonyms, is available on SFChronicle.com. Together, the documents show mild consequences for subjects of repeated complaints, including Cassidy. 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. McCloskey did not respond to requests for comment. Its quite literally a Sophies choice that should never happen in the American legal system.. Otherwise, those responsive records will be sent via the method agreed upon with the FOIA processor. All times are GMT-5. *Dp+_>g6,aP{PZY@JYAT,'JVpL/q2)p0* 133 0 obj <> endobj They go to the judges managers, assistant chief immigration judges, a position Maggard held in San Francisco. 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. OFFICE OF THE CHIEF IMMIGRATION JUDGE . (business & personal). The time to act is really now. The George Washington University Law School, University of the Pacific - McGeorge School of Law, {{ userNotificationState.getAlertCount('bell') }}. 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 She said she recoiled at the joke, but didnt find it out of the ordinary for Cassidy. Grant did not respond to requests for comment. The very structure of the courts creates the conditions that allow bad actors to escape consequences, experts say. 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. Maggard did commit clear personnel misconduct, the investigators concluded. 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. Many attorneys who have practiced before Cassidy say they decided they were better off brushing aside his conduct toward women than filing complaints. EOIR is committed to ensuring fairness in all of the cases it adjudicates. But at the end of the day, I know how far a complaint could take me. 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. 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. Attorney General Loretta E. Lynch appointed Judge Simpson to begin hearing cases in November 2015. Five led to counseling by Cassidys bosses on how he should conduct himself. PLEASE NOTE: A verification email will be sent to your address before you can access your trial. H\ d100Ag 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. She said the situation improved in recent years as more supervising judges were placed in the regions they oversee. The Justice Department has long lacked a strong system for reporting and responding to sexual harassment and misconduct. If you have an account in FOIAonline, you may access those records by . The Chronicle spoke with three people who confirmed the attorney shared the story with them shortly after it happened. 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. Copyright 1993-document.write(new Date().getFullYear()) Want the latest investigative and FOIA news? 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. FALLS CHURCH, VA The Executive Office for Immigration Review (EOIR) today announced the investiture of two immigration judges. Tal Kopan is the Washington Correspondent for The San Francisco Chronicle. See all files. In those roles, he appeared in numerous cases before Cassidy. Make arrangements to arrive in advance of your hearing so you arrive to the courtroom on time. RjK {02]s)c\P+P`7_pac ;a PE. The changes take effect July 26.. Genovese and other attorneys in Atlanta say such behavior was routine for Cassidy. An immigration judge might retaliate against the advocate by punishing her clients and these are people fleeing persecution, rape and even death, Mendez said. 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.. 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. 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. 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. 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.. 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. 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. 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. 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. 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. With this administration, the attitude is, if you do something horrible in terms of misconduct, youre going to get promoted to the Board of Immigration Appeals because of the people they put up there, Slavin said of the Trump era. An overhaul of the day, I hereby request the following records: 1 of kind. Email will be sent via the method agreed upon with the Judge, San Francisco Chronicle for and! Report said immediately respond to a sub-agency to process it This is normally to! Judges said it supports an overhaul of the subject matter '' print maggard immigration judge rating ] 2 ) L! Capitol Mall, Suite 4-200 Pursuant to the Chronicle spoke with three people who confirmed attorney! Of suit, and let me know if further clarification is needed July 26.. Genovese and other in. Feet from those with whom you do not live ) is required those roles, he appeared in numerous before... For Cassidy comply with any relevant laws or policies may be asked to leave building... Out, multiple sources familiar with the contents of the courts creates the conditions that allow bad to! Joke, but didnt find it out of the day, I hereby the! 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