Instead, the report concluded that Maggard exhibited poor judgment and should have avoided such behavior. EOIR's immigration judges conduct administrative court proceedings in immigration courts located throughout the nation. Robert Print Maggard's 2021 pay is 22% higher than the average General Attorney across all agencies. All I remember is him just laughing like he had made a funny comment that we should all think is funny.. The Justice Department has long lacked a strong system for reporting and responding to sexual harassment and misconduct. And if someone says, No, no, you have to identify it, and you cannot, they say, Well, it doesnt exist., Atlanta immigration attorney Hiba Ghalib says of a judges comments: There was never anything so direct that it was anything I could file a complaint on it was just uncomfortable and annoying., Hiba Ghalib, an attorney who practices in Atlanta, said of Cassidys behavior: There was never anything so direct that it was anything I could file a complaint on it was just uncomfortable and annoying. EOIR regularly monitors the performance and conduct of its adjudicators through daily supervision by EOIR's three adjudicating components: the Office of immigration judge grants denials burgess, abraham l. 0 1 burke, david 43 157 burkhart, margaret d. 9 12 burman, lawrence o. 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. 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). 126 34 calcador, kerri 26 39 . Maggard did not respond to requests for comment. She said the Trump administration further chilled those who would complain about judges behavior with its choices of which judges to promote. Department of Justice, Executive Office for Immigration Review, https://www.foiaonline.gov/foiaonline/action/public/home. Try our Advanced Search for more refined results. million verified professionals across 35 million companies. ` v# 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. 3 77 malloy, rosalind k. 41 32 MuckRock users can file, duplicate, track, and share public records requests If they lose before the board, their only hope of avoiding deportation is a long-shot case in federal appellate courts. 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. The bulk of complaints that were sustained were met with corrective actions, including training or counseling. From May 2009 to December 2011, Judge Maggard served at the San Francisco Immigration Court as an immigration judge. How long was I? 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. 3. Jeff Sessions, U.S. attorney general from 2017 to 2018, addresses incoming immigration judges in Falls Church, Va., in September 2018. From July 2006 . 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.. Rate Your Immigration Judge is an important source of information for other immigrants and their attorneys, but also for the immigration judges. SF Chief IJ Print Maggard will be the acting chief IJ for EOIR until replacement for departing Chief OLeary is found. Although the supervisors name was blacked out, multiple sources familiar with the contents of the report confirmed it was Print Maggard. The Chronicle reported in October that the Trump administration canceled all diversity training, including for immigration judges. 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. H|TQo0~W= cTUjVjRHPv~wp||g>9Y7uQpr}Qn{XE-FY+ J8-LXm+.:r)vhPA];H,X#ABWu0(%(@iDc0m? These judges behavior toward women is not an isolated phenomenon in the immigration courts system. 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. Creating an independent immigration court seems to me like a no-brainer, Lofgren said at a hearing in January 2020. WASHINGTON One judge made a joke about genitalia during a court proceeding and was later promoted. Supervisors concluded that Grant had harassed female staffers, and took an extraordinary step: They banned Grant from the court building. 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. If instructed to sit in a particular location, do not switch seats. Jonathan S. Simpson, Immigration Judge, San Francisco Immigration Court. When all the requests have been completed, appropriate documents will be posted in the FOIA reading room IAW the "rule of 3". At the time, it was annoying but typical Cassidy, Genovese said. Nichole Rodriguez - email: nichole.rodriguez@usdoj.gov, Jonathan W. Hitesman, Assistant Chief Immigration Judge, John Moss Federal Building The comments occurred before the judge opened the recorded portion of the hearing, they said. Please see our Privacy Policy. 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.. 2. 148 0 obj <>/Filter/FlateDecode/ID[<3549AA37C8F46F47AE7517178E7B1A60>]/Index[133 29]/Info 132 0 R/Length 79/Prev 39710/Root 134 0 R/Size 162/Type/XRef/W[1 2 1]>>stream No, Im thinking I just need to get through this., She added, If all you have to do is force a smile so that your client is not deported, the answer is obvious what practitioners are going to do.. 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. After the report was completed in November 2019, Maggard was demoted and reassigned to be an immigration judge in Sacramento. Prior to 2008, and when not serving as a member of the Navy-Marine Corps Trial Judiciary, Judge Daugherty served in the Marine Corps in various capacities including deputy staff judge advocate, chief trial counsel (prosecution), prosecutor, senior defense counsel, defense counsel, and special assistant U.S. attorney. Many e-mail messages are redacted in part with the text "not a responsive record." In the legal profession, information is the key to success. Judge-by-Judge Asylum Decisions in Immigration Courts Before and After the Attorney General's Directive : Denial Rate : Immigration Court: . $[AD%` $_$zA>+Zbm@7 @+ 0 The agency will soon begin recruiting a new Chief Immigration Judge. Visitors will pass through a metal detector machine and are subject to additional screening if deemed necessary. The Justice Department has long lacked a strong system for reporting and responding to sexual harassment and misconduct. 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. 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.. Official websites use .gov In that moment, am I thinking that I might be perpetuating sexism in the system? But she said the Trump administration focused on different priorities namely, speeding up deportation cases and limiting immigrants ability to win asylum. Search the AILALink database for all your practice needsstatutes, regs, case law, agency guidance, publications, and more. Cassidy said he weighed just 3 pounds at birth. If the allegations are specific, it takes little effort for a judge to figure out who filed the complaint, and attorneys describe instances of judges retaliating without consequences. ], American Immigration Lawyers Association 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. 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. [[To print the PDF on this page please use the print function in the PDF reader. Other attorneys recalled judges who minimized domestic violence while questioning asylum seekers, or suggested that married women could not be raped by their husbands. Please let me know when I can expect to receive a response, or if further clarification is needed. The immigration courts are housed within the Justice Department, meaning the judges are hired directly by the attorney general, a political appointee with a policy agenda. Subject: Freedom of Information Act Request: McHenry and Maggard Correspondence and Calendars on Pereira. Copyright 1993-document.write(new Date().getFullYear()) Subject: RE: Freedom of Information Act Request #2018-37357. Please do not bring people with you into EOIR space unless they are required to be present for your hearing. The Biden White House did not immediately respond to a request for comment. As long as immigration courts remain under the executive branch, she said, given how politicized immigration is as an issue, we will continue to have foxes guarding the henhouse., Tal Kopan is The San Francisco Chronicles Washington correspondent. Robert Print Maggard's 2021 pay is 29% higher than the average pay of an IJ employee at the Executive Office for Immigration Review . Law360 takes your privacy seriously. 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). The immigration courts do have a system for reporting complaints. An analysis of those records by Mendezs group, the Catholic Legal Immigration Network, showed only a handful of instances in which judges were suspended. FALLS CHURCH, VA - The Executive Office for Immigration Review (EOIR) today announced the investiture of two immigration judges. The Chronicle spoke with three people who confirmed the attorney shared the story with them shortly after it happened. Its a problem that Bidens administration has inherited. You have to know whats happening with clients, competitors, practice areas, and industries. He received a bachelor of arts degree in 1982 from Western Kentucky University; a masters of public administration in 1987 from Golden Gate University; endstream endobj 134 0 obj <>/Metadata 13 0 R/PageLayout/OneColumn/Pages 131 0 R/StructTreeRoot 17 0 R/Type/Catalog>> endobj 135 0 obj <>/ExtGState<>/Font<>/XObject<>>>/Rotate 0/StructParents 0/Type/Page>> endobj 136 0 obj <>stream In those roles, he appeared in numerous cases before Cassidy. 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. S;yNm!>C5dRj'@>qTBz/l}QyE]m)N}-UB3PUYYP'dd}*;D<36k1/1st:_ *P Social distancing (maintaining a distance of six feet from those with whom you do not live) is required. The Board of Immigration Appeals primarily reviews appeals of decisions by immigration judges. 703-305-0289 (phone)PAO.EOIR@usdoj.gov. 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. You have to know whats happening with clients, competitors, practice areas, and industries. She said she recoiled at the joke, but didnt find it out of the ordinary for Cassidy. Other senior managers also commented on the womens appearance, it said. Even when Im saying it now, I feel like Im starting to get red in the face, the attorney said. Wr/Joseph R. SchaafChief Counsel, Administrative LawExecutive Office for Immigration Review, Subject: FOIA Tracking Number Change for consultation DOJ-2018-007740 (to DOJ-2018-007740), The FOIA consultation DOJ-2018-007740 has had its Tracking Number changed to DOJ-2018-007740. No complaints resulted in formal discipline in 2017, 2018 or 2020, and 5% or fewer did other years. 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. The department does not tolerate complaints whose sole purpose is to harass, threaten, intimidate, or retaliate against its adjudicators based on their rulings.. 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. A copy of documents responsive to the 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. Subject: RE: Freedom of Information Act Request #FOIA-2018-39532. 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 In the interim, Assistant Chief Immigration Judge Print Maggard will serve as the Acting Chief Immigration Judge. The calendars for Print Maggard and James McHenry for the month of June, 2018. 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 Please see our Privacy Policy. 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. He also warned attorneys not to make baseless complaints designed to harass, threaten, intimidate, or retaliate against judges. These records, covering 2008 to 2013, were made public by attorney Bryan Johnson and a coalition of immigration legal groups after they received them through a Freedom of Information Act lawsuit. Falls Church, VA 22041 Elevator wait times may be significantly longer than usual for this reason. Hoppock, who practices in Kansas City, Mo., frequently files requests for information from immigration agencies, which he then makes public. 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. U.S. 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. I remember feeling very, very embarrassed and shaking, and I went completely red. 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. 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. 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. Law360 takes your privacy seriously. After the report was completed in November 2019, Maggard was demoted and reassigned to be an immigration judge in Sacramento. 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. 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. 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. The U.S. Department of Justice is the department responsible for the enforcement of the law and administration of justice in the U.S. Public transit is available via SacRT. Pursuant to the Freedom of Information Act, I hereby request the following records: 1. 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. 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. Phones and other wireless devices should be turned off before entering courtrooms. Two commercial parking lots, open and covered, are within walking distance to the building. 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. The Southern Poverty Law Center and another nonprofit group, the Innovation Law Lab, compiled several examples from focus groups of attorneys they held, which were included in a report criticizing the immigration court system. 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