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. Any records referencing phone conferences regarding the Supreme Court's decision in Pereira v. . The attorneys were not identified by name in the report. Nichole Rodriguez - email: nichole.rodriguez@usdoj.gov, Jonathan W. Hitesman, Assistant Chief Immigration Judge, John Moss Federal Building Data for the latter two years was posted online after The Chronicle inquired why reporting had stopped after 2018. immigration judge grants denials burgess, abraham l. 0 1 burke, david 43 157 burkhart, margaret d. 9 12 burman, lawrence o. 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. 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. It is an ever-present buzz. All Rights Reserved, Review and comment based on your own experience. H\ d100Ag Some complaints are never shared in detail with the judge, and those who file them are not told the outcome. And when such behavior has come to its attention, the department has in some instances simply transferred the offenders elsewhere. H|TQo0~W= cTUjVjRHPv~wp||g>9Y7uQpr}Qn{XE-FY+ J8-LXm+.:r)vhPA];H,X#ABWu0(%(@iDc0m? Any records referencing phone conferences regarding the Supreme Court's decision in Pereira v. Sessions from June 21, 2018 to the date this FOIA request is processed. Law360 takes your privacy seriously. ho6>nM Law360 provides the intelligence you need to remain an expert and beat the competition. The recording was provided to The Chronicle by the womans attorney, Genovese, who was practicing in Atlanta with the Southern Poverty Law Center. Phone: 916-447-9301 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). But, she said, he was in front of him., Atlanta immigration attorney Carolina Antonini says one judges inappropriate comments about women are so cumulative that it becomes like background noise., The Justice Department and McHenry declined to comment on McHenrys relationship to Cassidy or his role in promoting him. 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: 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. Please see Google Maps for a map and directions to the immigration court. The Justice Department cited its policy of not commenting on personnel matters in refusing to answer questions about Maggards conduct. Justice Department data shows the administration dismissed more complaints against judges than its predecessor. Pursuant to the Freedom of Information Act, I hereby request the following records: 1. None of those deals with sexist or sexually inappropriate behavior, instead focusing on improper handling of the judicial process. The immigration court has put into place procedures to implement the guidance of public health officials. Deputy Chief Immigration Judge Print Maggard presided over the ceremony at the agency's Falls Church, Virginia, headquarters. [[To print the PDF on this page please use the print function in the PDF reader. endstream endobj 137 0 obj <>stream 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.. 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. 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. Nearly a dozen attorneys who have argued cases before him since the 1990s told The Chronicle that his behavior was frequently inappropriate. I look forward to receiving your response to this request within 20 business days, as the statute requires. Subject: Freedom of Information Act Request: McHenry and Maggard Correspondence and Calendars on Pereira. Its quite literally a Sophies choice that should never happen in the American legal system.. Many attorneys who have practiced before Cassidy say they decided they were better off brushing aside his conduct toward women than filing complaints. Attorney General H. Eric Holder Jr. appointed Judge Daugherty to begin hearing cases in November 2015. The redactions in these e-mail messages are improper because most do not cite any valid exemption under the FOIA. SF Chief IJ Print Maggard will be the acting chief IJ for EOIR until replacement for departing Chief OLeary is found. Without an independent court, said Mendez, the Catholic Legal Immigration Network advocate, there will never be accountability. Subject: RE: Freedom of Information Act Request #2018-37357. Other attorneys recalled judges who minimized domestic violence while questioning asylum seekers, or suggested that married women could not be raped by their husbands. How long was I? The very structure of the courts creates the conditions that allow bad actors to escape consequences, experts say. . ` v# %%EOF Similar Profiles. PLEASE NOTE: A verification email will be sent to your address before you can access your trial. No. Grant 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. Copyright 1995-2017 American Immigration LLC, ILW.COM. Search over 700 Together, the documents show mild consequences for subjects of repeated complaints, including Cassidy. 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 EOIR space, staff or signs may direct you to a seat. 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.. 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. 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.. Maggard was a supervisor from 2012 to 2019, mostly based in San Francisco, and for a year during the Obama administration was acting chief of all immigration judges, working in the headquarters building in Falls Church. But at the end of the day, I know how far a complaint could take me. Grant issues his rulings without seeing the inside of a courtroom. Hoppock shared the response with The Chronicle. It is unacceptable for anyone with a track record of inappropriate behavior to be protected and promoted. The bottom line is, if you dont do that by the end of your administration, the next administration is going to come in and do the same (undoing) to you, Slavin said. (business & personal). Visitors will pass through a metal detector machine and are subject to additional screening if deemed necessary. It called the current system difficult to use for complainants and judges alike. 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. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. 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. 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. They go to the judges managers, assistant chief immigration judges, a position Maggard held in San Francisco. Please see our Privacy Policy. The departments main objectives are to enforce the law and defend the interests of the U.S. according to the law; to ensure public safety against threats foreign and Find contact details for 700 million professionals. From July 2006 . ), Create custom alerts for specific article and case topics and, I took a free trial but didn't get a verification email. The complaints are not made public. The department said it could not comment on the incidents raised to The Chronicle because the attorneys involved did not file complaints. 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. 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. 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. McCloskey did not respond to requests for comment. I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on June 24, 2018. Email: tal.kopan@sfchronicle.com Twitter: @talkopan. Subject: FW: status inquiry by MuckRock FOIA#2018-37357. In those roles, he appeared in numerous cases before Cassidy. These new immigration judges, along with their 19 colleagues who were invested in June, strengthen our immigration judge corps and will help our agency work towards decreasing our current backlog of more than 450,000 pending cases., Daniel J. Daugherty, Immigration Judge, Las Vegas Immigration Court. 3. The department said all of its employees complete mandatory sexual harassment and misconduct awareness training. A separate PDF reading app may be necessary. Please see our Privacy Policy. American Immigration Lawyers Association. Kopan graduated with honors from the University of Chicago. 9-26-18_MR56736_RES-C_IDFOIA-2018-39532.pdf, Subject: Your FOIA Request DOJ-2018-008786 (AG). Robert Print Maggard's 2021 pay is 29% higher than the average pay of an IJ employee at the Executive Office for Immigration Review . Much of the behavior that was described to The Chronicle appears to fall under those definitions. Presenting information from an anonymous source occurs extremely rarely, and only when that information is considered crucially important and all other on-the-record options have been exhausted. She said she recoiled at the joke, but didnt find it out of the ordinary for Cassidy. AILA.org should not be relied upon as the exclusive source for your legal research. See all files. No credit card required. 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. Official websites use .gov Even when Im saying it now, I feel like Im starting to get red in the face, the attorney said. 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. The confirmation came in a reply to immigration attorney Matthew Hoppocks request. Anonymous sources: The Chronicle strives to attribute all information we report to credible, reliable, identifiable sources. 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. The comments occurred before the judge opened the recorded portion of the hearing, they said. Responsive records have been located and are being reviewed for release. Other judges may have been fired, but the department does not separate firings from retirements or resignations in its data. The Office of the Chief Immigration Judge (OCIJ) is headed by the Chief Immigration . ( An analysis of those records by Mendezs group, the Catholic Legal Immigration Network, showed only a handful of instances in which judges were suspended. Judge Simpson received a Bachelor of Arts degree in 1995 from Wabash College and a Juris Doctor in 1998 from Seton Hall University. Sacramento, CA 95814. 102 Petty France, London, Greater London SW1H 9AJ, GB, View Grant, who has served on the Board of Immigration Appeals since 1998, is one of 23 judges who weigh appeals from immigrants who have lost cases in the nearly 70 immigration courts around the country. 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. Please allow for additional time to go through the security screening process. Cassidy did not respond to requests 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. 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. An acknowledgement letter, stating the request is being processed. 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. Search the AILALink database for all your practice needsstatutes, regs, case law, agency guidance, publications, and more. Any materials or objects of any kind that could be used as a weapon are prohibited. Other senior managers also commented on the womens appearance, it said. But investigators wrote in the full report that they substantiated such allegations against Maggard and other supervisors. Judge Maggard received a . 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. A .gov website belongs to an official government organization in the United States. JugePrint was appointed as a DCIJ in November 2015. EOIR regularly monitors the performance and conduct of its adjudicators through daily supervision by EOIR's three adjudicating components: the Office of 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). His comments could give rise to claims of sexual harassment or claims of prohibited personnel practices, it said. 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. 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. The changes take effect July 26.. After the report was completed in November 2019, Maggard was demoted and reassigned to be an immigration judge in Sacramento. It really took them pointing out how serious this behavior was for me to realize that this is not ordinary behavior for other (federal) judges. ]], [This functionality does not work on your device. 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. AILAs Advocacy Action Center allows you to advocate for legislative and policy reforms consistent with AILAs principles and priorities. At the time, it was annoying but typical Cassidy, Genovese said. Attorneys say Cassidys behavior should not have been a secret to the Justice Department. 9-26-18_Mr56736_Res-C_Idfoia-2018-39532.Pdf, subject: FW: status inquiry by MuckRock FOIA # 2018-37357 they decided they were better off aside! Request: McHenry and Maggard Correspondence and Calendars on Pereira valid exemption under the FOIA for departing OLeary! Connected to the Freedom of Information Act request: McHenry and Maggard Correspondence and Calendars on Pereira the following:. 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