How do I know this? *Today Judge Marks is known as NanaDana, a title that celebrates her role as caretaker for her granddaughter and helps people correctly pronounce her name (dan-uh, not day-nuh). Shuting Chen, Immigration Judge, San Francisco Immigration Court . It feels like the judge has no compassion for us and doesnt like Latinos.. John W. Richardson, Immigration Judge, Phoenix, 1990-2018. . Close to half the complaints were dismissed. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. That roster includes Judges Jamil, King, Miriam Hayward, Stockton, Webber, and Laura Ramirez. The analysis excluded immigrants who were in detention when their cases were heard because such cases are handleddifferently. Judge Marks says she was never bored. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Antiterrorism and Effective Death Penalty Act (AEDPA). Becoming involved with and leading theNational Association of Immigration Judges(NAIJ) was a natural extension of her skills and influence. Overwhelming evidence shows that the (AGs Office) has long allowed immigration judges to violate noncitizens rights in a systemic, pervasive manner that undermines the integrity of the court system, the SPLC said in a scathing June 2019 report. Are they also Mexicans? Riley said, as shown incourt transcripts cited in a complaint filed later. The previous president was a man, so we thought, We are women, they wont do anything to us. . She is known for her fierce advocacy for the court. Right now, Ohio has one of the highest asylum denial rates in the country 88% in the fiscal year 2021, compared with the national average of 63%, according to TRAC data. Judge Marks says her biggest success was seeingH.R. Threatened by gangs in Honduras, two women sought asylum in the United States. The firm made a wise choice. , had serious impacts on asylum cases and the parameters of the courts. The journey took three weeks. EOIR held a two-day training session last year. In New York City, 24 percent do. I got in that moment what that was going to be. Also, immigration judges are bound by precedents established in the federal appeals court that covers their location. San Antonio-New Braunfels-Pearsall, TX $134,402 $144,678 $155,071 $165,580 $176,089 $183,300* $183,300* $183,300* San Diego-Carlsbad, CA $149,365 $160,785 $172,335 $183,300* $183,300* $183,300* $183,300* $183,300* . In Mexico, she hired a coyote a smuggler to help them cross into the United States and then turned herself in to Border Patrol agents near Hidalgo. She is known for her fierce advocacy for the court. You really get those Perry Mason moments in immigration court. The odds of being successful if unrepresented was much lower (17.7%) than for represented asylum seekers (31.1%) in fiscal year 2020.. Three percentconcluded with retirement, resignation or termination, and none gave rise to other disciplinary actions like reprimand or suspension. The situation in our country is getting worse and worse.. The majority come from government. She joined another woman and, with their children, they set out to cross Mexico. The head of the son was placed on the body of the mother and the head of the mother was placed on the body of the son. We had to jump over a wall, and I hurt my foot doing so, she said in an affidavit. She quickly packed some backpacks for her and her children and called the only friend she knew who had a car. Cases that claim opposition to gangs as a protected political opinion, the center says, have generated fewer precedent-setting decisions, making that argument a more difficult one to win in court, though it has prevailed in some cases. That experience, the Reuters analysis found, makes them 23 percent more likely to order deportation. Coincidence or not, denial rates have shot up more than 30% since Donald Trump became president. She was our fearless leader in the union, says Judge King, who was Union site representative in San Francisco while Judge Marks was president. A grant from El Paso Bar Foundation provides an additional $3,700 for the agencys Removal Defense unit. Couch and Holyoak and their courts. In January of 1987, she was appointed to the bench of the Immigration Court, US Department of Justice, Executive Office for Immigrationone of the first women and one of the first attorneys appointed from private practice. Four of the 31 new immigration judges are assistant chief immigration judges who will oversee six immigration courts. Administrative Law Judges Effective January 2021 . Persecutors dont give affidavits, said Andrew Arthur, a former immigration judge who now works at the Center for Immigration Studies, a nonprofit organization that supports lower levels of immigration. Theres just a real lack of systematic accountability.. Filed December 16, 2020 . Dana Marks, president of the National Association of Immigration Judges, said each case is like a 1,000 piece puzzle. While two cases might look identical on the surface, she said, each judge has to weigh the nuances of immigration law to allow someone to stay in the country, which could lead to different outcomes. The schools principal, who asked that he and the school not be identified out of fear of retaliation, worked with the board. Copyright 2005-2023 The Bar Association of San Francisco |, Unpacking the Legacy of Judge Dana Leigh Marks, on December 31, 2021, Judge Dana Leigh Marks* had built an inspiring reputation as a leader, mentor, and advocate. IJ Ford felt empowered to shout at and accuse my client throughout the hearing, showing little regard for the fact that she was a human being in his courtroom, said Omar de la Cruz, immigration attorney at Centro Legal de la Raza. Judges fail to apply binding legal standards, make decisions based on illegally invented rules, engage in abusive treatment of noncitizens and their counsel and even decide cases before holding hearings.. Groups like the Southern Poverty Law Center allege the Attorney Generals Office has weaponized the nations asylum courts against immigrants of color. (She also refers to herself as a sit-down comedian.), Attorneys who appeared before Judge Marks were impressed by her complete command of her courtroom. Filing a complaint against the judge is something on the table, Olawale said. She was so good to him. This was something Judge Marks had learned from her experience with her own clients. Do you know the people? Four judges in Atlanta turned down 98 out of 100 asylum claims presented to them; nine judges in Houston said no 95% of the time. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. Immigration attorneys and their clients are not the only ones who said they are distrustful of the judicial complaint process. At first, Judge Marks wasnt sure shed like the role of judge, in part because there was an assumption about the strong-arm persona shed have to put on to manage her courtroom. She has a law degree from Tulane Law School. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. They just know someone wants to kill them., Anas lawyer appealed her case to the Board of Immigration Appeals (BIA), the first step in the appellate process. She arrived at the Artesia detention center just weeks after Gutierrez. 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I was the first to do the Families with Children Docket, which became known as rocket docket, Judge King recalls. In 2018, after then-attorney general Jeff Sessions announced new restrictions on asylum cases, there was a mass exodus of immigration judges. Anas assertion that she learned from Gutierrez in detention about gang threats to the parent-teacher association was not persuasive, Couch wrote. Immigration courts in California and the Pacific Northwest fall under the 9th U.S. Disregards basic legal rules, causing undue prejudice and wasting public resources. Couch is the toughest of Charlottes three immigration judges, according to the Reuters analysis. The asylum appeal process is equally politicized, the group says. Hondurans enjoy no special considerations. Gutierrez told Reuters that during her final hearing, the judge apologized for asking so many questions about what had been a painful time in her life, explaining that he had needed to establish her credibility. Their stories illustrate what a Reuters analysis of thousands of court decisions found: The difference between residency and deportation depends largely on who hears the case, and where. SAN FRANCISCO (BCN) It did not take U.S. Immigration Judge Nicholas Ford long to stir up controversy in San Francisco. With these new judges and along with significant court policy changes, the asylum denial rate increased from 54.6% in fiscal year 2016 to 71.6% in fiscal year 2020. The union representing immigration judges is suing the Trump administration over a policy they say censors judges. The mass exodus from Central America was under way when Gutierrez and Ana were elected to the board of the parent-teacher association at their childrens school in spring 2013. In a three-page ruling, one board member said Anas lawyer could not introduce a new argument on appeal and agreed with Couch that Ana hadnt proved a political motive behind the gang members attack. Central Americans are among the least successful at gaining asylum from U.S. immigration court judges, a Reuters analysis found. Asylum applicants cannot gain legal U.S. residency because they fled their countries in mortal fear of civil strife or rampant crime or a natural disaster. She helped create an inspiring model for how courtscanbe, says Ugarte, and Judge Webber states, simply, She inspires people all the time., While she has had some limelight in her career, the vast majority of her work has been thankless, says Judge King. At first, Judge Marks wasnt sure shed like the role of judge, in part because there was an assumption about the strong-arm persona shed have to put on to manage her courtroom. Two of them grabbed Ana and her daughter, pinned their wrists behind their backs, and pointed a gun at the childs head. I vowed to be my authentic sense of self. Retired Immigration Judge Polly Webber, saw an aspirational role model. But the bulk of asylum seekers who came during the 2018-2019 migrant surge were Central Americans. It was June 11, 2018, and then-attorney general Jeff Sessions, her boss . However, the women said their reasons for seeking asylum were the same: Gangs had targeted them because of their involvement in the parent-teacher association, and for that, they and their families had been threatened. . Complaint process is flawed, advocates say, Judges concerned about discipline procedures, too, Personnel changes at Ohio's immigration court, Ohio chapter of theAmerican Immigration Lawyers Association, Your California Privacy Rights/Privacy Policy. Copyright 2023 Nexstar Media Inc. All rights reserved. Despite having no immigration law experience, Ford was appointed as a San Francisco Immigration Judge by Attorney General William Barr in 2019 after retiring from his judgeship in Cook County, Illinois. Well-established law recognizes family as a protected social group, according to the Center for Gender & Refugee Studies. Judge Butler earned a Bachelor of Arts in 2003 from Cornell College and a Juris . 2018 or 2020, and 5% or . Romy L. Lerner was appointed as an Immigration Judge to begin hearing cases in May 2022. Last February, a 50-year-old woman and her 29-year-old son who were selling food at the school Gutierrez and Anas children attended were kidnapped from their home and decapitated, according to police records. Gutierrez contacted relatives who wired the money. They said, Were going to kill themembers of the parent-teacher association to get them out of here. So the women fled.. Reviews Deals She explains things well. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. She was the first person I knew from our side, says Bette Stockton, who later joined Judge Marks on the bench and retired after 21.5 years as an immigration judge. Judge Marks also thrived in this arena because she saw beyond the expectation that her role was solely to facilitate deportations; she saw the humanity inherent in the proceedings. (Reuters) - A conservative judge appointed by former Republican President Donald Trump to the San Francisco-based 9th U.S. The lack of a transparent complaint process is especially concerninggiven this influx of new judges, who tend to come from enforcement backgrounds and lack experience on the bench, Nemecek said. As has been true in earlier years, having representation greatly increases the odds of winning asylum or other relief, TRACs Oct. 28 report says. They were elected in 2013 to the board of the parent-teacher association at their children's school in the Honduran capital, Tegucigalpa. A Honduran migrant wears a sanitary mask while waiting in line to plead . Ana, 31, has had a baby since arriving in the United States and has been granted work authorization while she awaits a final decision on her case. Talking with her former colleaguesmany of whom are now also her friendsis an uplifting experience. EL PASO, Texas (Border Report) Asylum denial rates in America reached a record high 71.6% in the fiscal year 2020, an immigration think-tank reported. His demonstrated bias undermines due process for asylum seekers and immigrants of color. It is imperative that President-elect Biden swiftly direct the Department of Justice to reign in or remove hostile adjudicators like IJ Ford from the courts and ensure due process for immigrants. From 2012 to 2016, EOIR received 624 complaints against judges.The 138 complaints lodged in 2016 alone included allegations of bias, as well as concerns about due process and judges conduct within the courtroom. You felt you had a fair shot, says Milli Atkinson, Director of the Immigrant Legal Defense Program at JDC and Legal Director of the SFIL Defense Collaborative, who appeared before her as an attorney. The information is gathered by experienced and trusted Nexstar Media Group journalists hired specifically to cover the border. Immigration court doesnt have contempt, so I had to use charm, she says. Kathleen Guthrie Woods is a long-time contributor toSan Francisco Attorneymagazine. They hoped that mothers working together could oust the violent gangs that plagued the campus. I will believe things when they happen, if they happen, one Cuban migrant whos been living in Juarez said last week. You can't file a complaint one day against a judge and the next day come in with your client and expect the judge to treat them well. As a result, credibility is really the key factor. She was always there for me, emotionally and intellectually.. She was very vocal as head of NAIJ, says Atkinson, especially [on issues] related to fairness and due process. Judge Webber appreciated Judge Markss talents as a spokesperson for the union, remarking on her great voice and quick thinking. By MICA ROSENBERG, READE LEVINSON and RYAN McNEILL. She is known for her compassion and fairmindedness. From 2020 to 2022, she served as a staff attorney in Immigration judges, appointed by the U.S. attorney general, are not authorized to speak on the record about cases. The womens lawyers framed their respective cases with some important differences. Hesaid he was nervous and exhausted when he stepped into the court on Oct.16, 2020, for his fourth hearing. Charles R. Davis. It is clearly troubling when you have these kinds of gross disparities, said Karen Musalo, director of the Center for Gender & Refugee Studies at the University of California Hastings School of the Law in San Francisco. She can look back with satisfaction at the mass of people whose lives she helped, says Ungar. Circuit Court of Appeals because her lawyer confused the deadline. Those on the other side of the complaints the immigration judges also take issues with the EOIR discipline process. She is known for her intelligence and wit, having coined oft-repeated, appropriate zingers that help people better understand the challenges of immigration court, including Immigration judges do death penalty cases in a traffic court setting and Immigration is more complicated than tax law. She showed us all how to be fierce advocates for justicefor what is true and right and justwithout crossing over lines, says Judge King. She was young, intelligent, interested in law, committed to immigration and immigrants, committed to people. In what has become a treasured memory for both of them, her job interview took place in a unique setting. Jan. 27, 2020 4 AM PT HOUSTON Immigration Judge Charles Honeyman was nearing retirement, but he vowed not to leave while Donald Trump was president and risk being replaced by an ideologue. The clients loved her, says Ungar. The courts handle cases to determine whether an individual should be deported. The bill, if approved by the Senate, will transition the nations immigration court system into an independent judiciary consistent with Article I of the U.S. Constitution. Says Judge Marks, Thisquickly became my long-term goal outside of judging., When that does happen, it certainly will be part of her legacy, but just one part of a stellar career. Add Photos. She made it more proactive, trying to affect the law. To give spirit to the letter of this budget . She remains active today as president emerita. The San Francisco Immigration Court fast-tracked cases of immigrants who weren't getting their mail. The third pointed a gun at Anas head. New Company Ratings Recent Salaries by Company. Posted November 10th, 2015. In May2021, the Ohio chapter of theAmerican Immigration Lawyers Association submitted a group complaint against Riley to the Executive Office for Immigration Review (EOIR), an agency within the Department of Justice that oversees immigration courts. Jeremy J. Butler, Immigration Judge, San Francisco Immigration Court. Judge Marks, in keeping with her upbeat character, reflects on the pluses of her role. Shes funny and insightful, she says. Stephen M. Ruhle approved the highest number of petitions (44) but still found wanting 76.8% of the petitions he ruled on. Reuters Investigates offers several ways to securely contact our reporters, Before, no one wanted to say anything about the gangs, Gutierrez said. (NAIJ) was a natural extension of her skills and influence. 2 Reviews. See how your salary compares to other Immigration Judges with Comparably. Judge Marks led the union for a total of 18 years, serving seven two-year terms as president (not sequential) and four as executive vice president. The San Francisco immigration court doesn't have the kind of COVID-19 supplies that he saw in a Wisconsin courthouse in October 2020. In immigration court, the asylum seeker is typically the only witness. The Government Accountability Office studied some proposals for reform in 2017, without endorsing any particular model. She first interviewed Judge Marks, then-president of NAIJ, forUnderstanding the Crisis in Our Immigration Courts(Spring 2015). Appearing in IJ Fords courtroom was a reminder that immigration courts are arenas ripe for traumatization and dehumanization, especially in the context of xenophobic administrations. Individuals and organizations are encouraged to sign on to a public letter (bit.ly/removeford or bit.ly/fueraford) making the same request of EOIR and the DOJ. Featured Issue: Biden Administration Recognizes the Immigration Judge Union - December 7, 2021; EOIR Amends PM 21-18 on Filing Deadlines in Non-Detained Cases - December 16, 2021; . Diocesan Migrant and Refugee Services officials say the money will be used to try to win cases for migrants in an El Paso facility with 26 confirmed COVID-19 cases as of October. There they piled with another group of migrants into an inflatable raft and crossed the Rio Grande, the border between Mexico and the United States. 6577, Real Courts, Rule of Law Act of 2022, and passed by the House Judiciary Committee in May of this year. Her boys are in school. They demanded that a payment of more than $5,000 be delivered in 24 hours, a huge sum for a woman who sold tortillas for a living. She quickly discarded that notion. The question of equality of treatment among judges has gained urgency as the number of cases in immigration court has ballooned to record highs. Attorneyseven conservativesrespected her., Judge Marks explains it another way. The longer a judge has been serving, the more likely that judge is to grant asylum. Additionally, the coalition is calling on the community to help hold San Francisco Immigration Court accountable. The Reuters analysis also found that an immigration judges particular characteristics and situation can affect outcomes. Ugarte says he felt elated when he learned he would appear before her, not because all cases were granted, but because you felt heard., Judge Markss generosity extended to her colleagues on the bench. And when there isnt an independent investigatorand you have people on the same team investigating each other, that isnt a fair way to undo the wrong that has been done.. I opened the first file, and there was a picture of the first respondent, probably less than a year old. 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