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. :.bCI*|p=5-T?n69e$[%iml!. 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.. A complaint process thats not transparent loses about 90% of its utility, Slavin said. 1331 G Street NW, Suite 300 That lewd expression refers to a womans pubic area. A third, a supervisor based mostly in San Francisco, commented with colleagues about the attractiveness of female job candidates, an internal investigation concluded. She said she recoiled at the joke, but didnt find it out of the ordinary for Cassidy. Print Maggard was appointed as an ACIJ in January 2012. You have to know whats happening with clients, competitors, practice areas, and industries. Executive Office for Immigration Review (EOIR) is responsible for adjudicating immigration cases by conducting immigration court proceedings, appellate reviews, and administrative hearings. Supervisors concluded that Grant had harassed female staffers, and took an extraordinary step: They banned Grant from the court building. But at the end of the day, I know how far a complaint could take me. 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. From: Department of Justice, Executive Office for Immigration Review. The agency expects parties and stakeholders to raise legitimate concerns about conduct, rather than simply make ad hominem attacks against adjudicators or express disagreement with the outcome of a particular case, McHenry wrote. Anonymous sources: The Chronicle strives to attribute all information we report to credible, reliable, identifiable sources. %%EOF Contact the Webmaster to submit comments. The Chronicle spoke with three people who confirmed the attorney shared the story with them shortly after it happened. Make arrangements to arrive in advance of your hearing so you arrive to the courtroom on time. These judges behavior toward women is not an isolated phenomenon in the immigration courts system. But that leaves Biden with a problem, they add: Does he reform the system to be independent of political influence, or does he use his political control over it to clean it up? About the Court | Contact the Court | Public Health | Immigration Court Procedures | Helpful Links, Internet-Based Hearings Access Information. Five led to counseling by Cassidys bosses on how he should conduct himself. Please see the agencys Public Health Noticefor more information. 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. Please see our Privacy Policy. The Justice Departments response did not identify the judge. A complaint about a San Francisco judge alleged he used incorrect pronouns for a transgender immigrant and asked one who was testifying about being tortured by police whether anyone ever insert(ed) anything into your ass in custody.. Case documents are sent to and from Grants home, multiple sources familiar with the situation told The Chronicle. 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. Please use the download button to access the PDF. Other attorneys recalled judges who minimized domestic violence while questioning asylum seekers, or suggested that married women could not be raped by their husbands. Copyright 1993-document.write(new Date().getFullYear()) 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. Her work has earned multiple awards and recognition, including winning the prestigious George Polk Award with Chronicle colleagues for coverage of a COVID-19 outbreak aboard a U.S. aircraft carrier and winning a Webby Award with colleagues for a documentary podcast series on the life and career of Vice President Kamala Harris. 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. 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. PLEASE NOTE: A verification email will be sent to your address before you can access your trial. Subject: Freedom of Information Act Request: McHenry and Maggard Correspondence and Calendars on Pereira. Its a problem that Bidens administration has inherited. 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. Any materials or objects of any kind that could be used as a weapon are prohibited. 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.. He was allowed to keep his job, and still has it to this day, though he remains barred from working in the appeals courts headquarters unless his presence is unavoidable, such as in rare instances when the board hears oral arguments. 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. Hoppock, who practices in Kansas City, Mo., frequently files requests for information from immigration agencies, which he then makes public. The entire e-mail messages is responsive to this request, and the agency can't redact parts without citing a FOIA exemption. 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. They go to the judges managers, assistant chief immigration judges, a position Maggard held in San Francisco. In EOIR space, staff or signs may direct you to a seat. Judge-by-Judge Asylum Decisions in Immigration Courts Before and After the Attorney General's Directive : Denial Rate : Immigration Court: . A .gov website belongs to an official government organization in the United States. Sacramento, CA 95814. EOIR's Office of the Chief Administrative Hearing Officer adjudicates immigration-related employment cases. Subject: RE: Freedom of Information Act Request #2018-37357. OFFICE OF THE CHIEF IMMIGRATION JUDGE . Nearly a dozen attorneys who have argued cases before him since the 1990s told The Chronicle that his behavior was frequently inappropriate. The confirmation came in a reply to immigration attorney Matthew Hoppocks request. The Chronicles investigation revealed that inappropriate behavior by judges was far from uncommon in immigration courts around the country, and that the comments made by the Atlanta attorneys echoed sentiments voiced by their peers nationwide. 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. I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on June 24, 2018. Visitors will pass through a metal detector machine and are subject to additional screening if deemed necessary. Genovese and other attorneys in Atlanta say such behavior was routine for Cassidy. Antonini, who also knows McHenry, said he should have been well aware of Cassidys in-court behavior. 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. EOIR's immigration judges conduct administrative court proceedings in immigration courts located throughout the nation. 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. This is normally due to the consultation being transferred to another agency (for example, EPA to Dept. In the legal profession, information is the key to success. Justice Department data shows the administration dismissed more complaints against judges than its predecessor. But sources familiar with the situation confirmed it was Grant and that the complaint involved sexual harassment. 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. %PDF-1.5 % 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. But making the courts independent would keep the Biden administration from directly changing the system, including firing bad-actor judges. Democrats and many of the groups that represent immigration attorneys and judges have argued that the courts should be removed from the Justice Department and reimagined as a stand-alone court system, resembling systems like the bankruptcy courts. 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. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not. Be prepared have a mask available. 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. After the report was completed in November 2019, Maggard was demoted and reassigned to be an immigration judge in Sacramento. 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 agency will soon begin recruiting a new Chief Immigration Judge. 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. Law360 provides the intelligence you need to remain an expert and beat the competition. Up to 5 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. Much of the behavior that was described to The Chronicle appears to fall under those definitions. RjK {02]s)c\P+P`7_pac ;a PE. See all files [[To print the PDF on this page please use the print function in the PDF reader. The department said it could not comment on the incidents raised to The Chronicle because the attorneys involved did not file complaints. Given the nature of this request, some records are only being released to you as the requester. McCloskey did not respond to requests for comment. 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. Otherwise, those responsive records will be sent via the method agreed upon with the FOIA processor. 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. A joint initiative between the American Immigration Council and AILA seeks to change the playing field for immigrants facing deportation. SF Chief IJ Print Maggard will be the acting chief IJ for EOIR until replacement for departing Chief OLeary is found. Special Work Opportunity - New Immigration Judge Training - September 22, 2017 Deadline.pdf. ]], [This functionality does not work on your device. hb```l|aB o~a UjB X HRHx6J;-rq# `u3p/d The changes take effect July 26.. 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. Who confirmed the attorney shared the story with them shortly after it happened judges managers assistant. U3P/D the changes take effect July 26 the PDF joke, but didnt it! 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