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. No. The comments occurred before the judge opened the recorded portion of the hearing, they said. EOIR's Office of the Chief Administrative Hearing Officer adjudicates immigration-related employment cases. My assistant chief immigration judge once told me, You would have to murder someone, with an ax, with your robe on and nothing on underneath, in court to get disciplined, Slavin said. Two commercial parking lots, open and covered, are within walking distance to the building. 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 cracked a joke, and she was not amused, which Cassidy noticed. 161 0 obj <>stream Password (at least 8 characters required). Sexual harassment has been a recurring problem in the Justice Department itself. Law360 takes your privacy seriously. 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. Elevator wait times may be significantly longer than usual for this reason. You have to know whats happening with clients, competitors, practice areas, and industries. ( In those roles, he appeared in numerous cases before Cassidy. Please see our Privacy Policy. 2. 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. He received a bachelor of arts degree in 1982 from Western Kentucky University; a masters of public administration in 1987 from Golden Gate University; The Justice Department cited its policy of not commenting on personnel matters in refusing to answer questions about Maggards conduct. Sacramento, CA 95814. American Immigration Lawyers Association. 3. 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. The agency will soon begin recruiting a new Chief Immigration Judge. This is normally due to the consultation being transferred to another agency (for example, EPA to Dept. He is still there, hearing immigrants' cases but stripped of his. 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. 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 National Association of Immigration Judges said it supports an overhaul of the departments complaint process. Anonymous sources: The Chronicle strives to attribute all information we report to credible, reliable, identifiable sources. Search over 700 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. Department of Justice, Executive Office for Immigration Review, https://www.foiaonline.gov/foiaonline/action/public/home. As the woman sniffled audibly, Cassidy told her he had bonded with her over the story, as he also was born prematurely. 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. Other attorneys recalled judges who minimized domestic violence while questioning asylum seekers, or suggested that married women could not be raped by their husbands. Make arrangements to arrive in advance of your hearing so you arrive to the courtroom on time. How long was I? But in practice, there is little to prevent judges from retaliating against someone who complains, attorneys say. Print Maggard was appointed as an ACIJ in January 2012. It is not a system designed to protect complainants. If you have an account in FOIAonline, you may access those records by . 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. All I remember is him just laughing like he had made a funny comment that we should all think is funny.. Grant issues his rulings without seeing the inside of a courtroom. 133 0 obj <> endobj Jeff Sessions, U.S. attorney general from 2017 to 2018, addresses incoming immigration judges in Falls Church, Va., in September 2018. Additionally, the court may have to unexpectedly close due to inclement weather or another emergency. 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 You know if you do anything to piss him off, thats going to ruin your reputation in his eyes. These judges behavior toward women is not an isolated phenomenon in the immigration courts system. Please let me know when I can expect to receive a response, or if further clarification is needed. [[To print the PDF on this page please use the print function in the PDF reader. An acknowledgement letter, stating the request is being processed. Although the supervisors name was blacked out, multiple sources familiar with the contents of the report confirmed it was Print Maggard. 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 department does not tolerate complaints whose sole purpose is to harass, threaten, intimidate, or retaliate against its adjudicators based on their rulings.. Judge-by-Judge Asylum Decisions in Immigration Courts Before and After the Attorney General's Directive : Denial Rate : Immigration Court: . An eye View; Opening and closing brackets with a diagonal slash through . (business & personal). As director, McHenry oversees the hiring process for the board. From 2006 through September 2015, Judge Simpson served as assistant chief counsel, U.S. Immigration and Customs Enforcement, Department of Homeland Security, in Los Angeles and San Diego, Calif. From 1997 through 2006, both domestically and abroad, Judge Simpson served in various capacities as a member of the U.S. Navys Judge Advocate Generals Corps, including branch chief, officer in charge, and attorney. 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. It said the earlier complaints against Cassidy did not include allegations of harassment and showed no evidence he has engaged in serial misconduct.. MuckRock users can file, duplicate, track, and share public records requests Immigration attorney Sophia Genovese says it is common for judges to make inappropriate comments, and theres just no accountability for it.. The changes take effect July 26.. EOIR announcement that Brian M. O'Leary is returning to the Arlington Immigration Court as an immigration judge. He also served as an immigration judge from 2009 to 2011 in San Francisco, and he was an Immigration and Customs Enforcement attorney in the city from 2006 to 2009. 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. 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. Maggard did not respond to requests for comment. 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. 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. Password (at least 8 characters required). About the Court | Contact the Court | Public Health | Immigration Court Procedures | Helpful Links, Internet-Based Hearings Access Information. Please see our Privacy Policy. Subject: RE: Freedom of Information Act Request #2018-37357. Other senior managers also commented on the womens appearance, it said. Genovese and other attorneys in Atlanta say such behavior was routine for Cassidy. Subject: FOIA Appeal DOJ-AP-2019-000724 Submitted, This message is to notify you of a new appeal submission to the FOIAonline application. 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. 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. Security officers may inspect electronic equipment and conduct additional screening if deemed necessary or instructed to do so by the court. 650 Capitol Mall, Suite 4-200 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. H\ d100Ag Face coverings may be required in the courtroom if directed by the presiding immigration judge. There are too many files to display on the request page. ), Create custom alerts for specific article and case topics and, I took a free trial but didn't get a verification email. From: Department of Justice, Executive Office for Immigration Review. The time to act is really now. 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). %%EOF Copyright 1993-document.write(new Date().getFullYear()) U.S. 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. 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. 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. Try our Advanced Search for more refined results. Complaints about immigration judges are not made public. Sophia Genovese, an immigration attorney, says it was common for immigration judges in Atlanta to make inappropriate remarks. OFFICE OF THE CHIEF IMMIGRATION JUDGE . 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). EOIR's immigration judges conduct administrative court proceedings in immigration courts located throughout the nation. 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.. As necessary and when appropriate, individuals with medical conditions that prevent them from wearing a face covering should alert the judge to their situation. Hoppock shared the response with The Chronicle. Individuals who do not comply with any relevant laws or policies may be denied access to or asked to leave the building or facility. Creating an independent immigration court seems to me like a no-brainer, Lofgren said at a hearing in January 2020. Holidays and Emergencies: The immigration court is open Monday to Friday except for federal holidays. The Justice Department has long lacked a strong system for reporting and responding to sexual harassment and misconduct. Falls Church, VA 22041 It declined to say whether the others who participated in the conversations with Maggard were identified or faced consequences. Some of the appointments they have made up there have been some of the worst offenders.. ` v# 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.. Pursuant to the Freedom of Information Act, I hereby request the following records: 1. It did not say whether it offers any additional gender sensitivity training for its judges. There is no parking available in the John E. Moss Federal Building for the general public. *Dp+_>g6,aP{PZY@JYAT,'JVpL/q2)p0* They go to the judges managers, assistant chief immigration judges, a position Maggard held in San Francisco. 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. She said the agency takes allegations of misconduct seriously and that anyone with a valid complaint should file it. 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 department did not take away Grants responsibilities or six-figure salary. I remember feeling very, very embarrassed and shaking, and I went completely red. Hoppock, who practices in Kansas City, Mo., frequently files requests for information from immigration agencies, which he then makes public. Subject: Freedom of Information Act Request: McHenry and Maggard Correspondence and Calendars on Pereira. 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. In EOIR space, staff or signs may direct you to a seat. Oh, men never answer that question, Cassidy said. In the interim, Assistant Chief Immigration Judge Print Maggard will serve as the Acting Chief Immigration Judge. Try our Advanced Search for more refined results. ho6>nM About the Immigration Judge Juge Print was appointed as a DCIJ in November 2015. Already a subscriber? For information regarding procedures for practice before the immigration courts, please see the Immigration Court Practice Manual. Phones and other wireless devices should be turned off before entering courtrooms. She said the comments ate away at her for months before she sent an email notifying other attorneys who practice in the area. The very structure of the courts creates the conditions that allow bad actors to escape consequences, experts say. The Chronicle's detailed policy governing the use of such sources, including the use of pseudonyms, is available on SFChronicle.com. Phone: 916-447-9301 Given the nature of this request, some records are only being released to you as the requester. 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. The U.S. EOIR regularly monitors the performance and conduct of its adjudicators through daily supervision by EOIR's three adjudicating components: the Office of 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 that moment, am I thinking that I might be perpetuating sexism in the system? He is still there, hearing immigrants cases but stripped of his supervisor duties. Many attorneys who have practiced before Cassidy say they decided they were better off brushing aside his conduct toward women than filing complaints. free lookups / month. 3. The Board of Immigration Appeals primarily reviews appeals of decisions by immigration judges. From 2008 through 2015 and 2002 through 2005, Judge Daugherty was a member of the Navy-Marine Corps Trial Judiciary, serving in capacities including chief trial judge and circuit judge. The Chronicle reported in October that the Trump administration canceled all diversity training, including for immigration judges. 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). 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. But sources familiar with the situation confirmed it was Grant and that the complaint involved sexual harassment. From May 2009 to December 2011, Judge Maggard served at the San Francisco Immigration Court as an immigration judge. of Commerce) or to a sub-agency to process it. Biden has proposed legislation that would expand training for judges and give them more discretion to grant protections to immigrants. To maintain appropriate social distancing and best facilitate hearings, you may be asked to move or leave a particular area. 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. Copyright 1995-2017 American Immigration LLC, ILW.COM. Copyright Rate Your Immigration Judge 2023. An analysis of those records by Mendezs group, the Catholic Legal Immigration Network, showed only a handful of instances in which judges were suspended. 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. Want the latest investigative and FOIA news? They requested anonymity because of the sensitivity of the subject matter. JugePrint was appointed as a DCIJ in November 2015. 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. See all files 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. Please do not bring people with you into EOIR space unless they are required to be present for your hearing. Thank you in advance for your anticipated cooperation in this matter. Email: tal.kopan@sfchronicle.com Twitter: @talkopan. Any records referencing phone conferences regarding the Supreme Court's decision in Pereira v. . The attorney general alone holds the power to fire immigration judges. 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. The 11 new judges, who were appointed by Attorney General Jeff . Public transit is available via SacRT. Washington, DC 20005. ], American Immigration Lawyers Association Law360 provides the intelligence you need to remain an expert and beat the competition. 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. Please remember this while choosing to enter an elevator. In the legal profession, information is the key to success. Jonathan S. Simpson, Immigration Judge, San Francisco Immigration Court. Attached is this Office's response to the above-referenced request. Please see our Privacy Policy. 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. WASHINGTON One judge made a joke about genitalia during a court proceeding and was later promoted. You had assigned it reference number #2018-37357. The judge ruled in her favor. Data for the latter two years was posted online after The Chronicle inquired why reporting had stopped after 2018. FALLS CHURCH, VA The Executive Office for Immigration Review (EOIR) today announced the investiture of two immigration judges. 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. 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. 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. Waiting times to enter the building and EOIR space may be significantly longer than usual. 15071511 | Dated July 15, 2015 | File Size: 467 K. EOIR announcement that Brian M. OLeary is returning to the Arlington Immigration Court as an immigration judge. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not. 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. 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. S;yNm!>C5dRj'@>qTBz/l}QyE]m)N}-UB3PUYYP'dd}*;D<36k1/1st:_ *P Justice Department data shows the administration dismissed more complaints against judges than its predecessor. The department said all of its employees complete mandatory sexual harassment and misconduct awareness training. The light rail train and buses stop on the 8th Street side of the building. 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. 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. Any materials or objects of any kind that could be used as a weapon are prohibited. But she said the Trump administration focused on different priorities namely, speeding up deportation cases and limiting immigrants ability to win asylum. maggard, print 5 4 mahasa, zakia 34 27 mahtabfar, sunita b. 17, 2017).pdf, Recently Disciplined Attorneys and Updated List(1).pdf, There are too many files to display on this communication. Only then, she argues, should he support legislation making the courts independent. endstream endobj startxref 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. Judge Daugherty is a member of the Ohio Bar. 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. A complaint process thats not transparent loses about 90% of its utility, Slavin said. The Justice Department said that without a written complaint, it could not comment on the allegation. 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. 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. hb```l|aB o~a UjB X HRHx6J;-rq# `u3p/d Special Work Opportunity - New Immigration Judge Training - September 22, 2017 Deadline.pdf. Social distancing (maintaining a distance of six feet from those with whom you do not live) is required. 703-305-0289 (phone)PAO.EOIR@usdoj.gov. Please find attached this Office's acknowledgment of the above-referenced request. RjK {02]s)c\P+P`7_pac ;a PE. hbbd``b`Z The requested documents will be made available to the general public, and this request is not being made for commercial purposes. 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. It is an ever-present buzz. The recording was provided to The Chronicle by the womans attorney, Genovese, who was practicing in Atlanta with the Southern Poverty Law Center. 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. When all the requests have been completed, appropriate documents will be posted in the FOIA reading room IAW the "rule of 3". 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. Secure .gov websites use HTTPS Thank you,-----------------------------------------Initial Request StaffOffice of Information PolicyU.S. 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. 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. Its quite literally a Sophies choice that should never happen in the American legal system.. As Cassidy stood over her, the woman said, the judge added, Are you basically telling me that the carpet doesnt match the drapes?. The immigration courts do have a system for reporting complaints. 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. 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. 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. Please see the agencys Public Health Noticefor more information. 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. No-Brainer, Lofgren said at a hearing in January 2020 judges, who practices in City! 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