And when such behavior has come to its attention, the department has in some instances simply transferred the offenders elsewhere. 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. In comparison, for its state court system, California has a Commission on Judicial Performance to investigate complaints against judges, an independent agency with investigatory powers and authority to impose discipline. None of those deals with sexist or sexually inappropriate behavior, instead focusing on improper handling of the judicial process. Kopan graduated with honors from the University of Chicago. immigration judge grants denials burgess, abraham l. 0 1 burke, david 43 157 burkhart, margaret d. 9 12 burman, lawrence o. A complaint process thats not transparent loses about 90% of its utility, Slavin said. The very structure of the courts creates the conditions that allow bad actors to escape consequences, experts say. 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. The new immigration judges were appointed by U.S. Attorney General Loretta E. Lynch. Its quite literally a Sophies choice that should never happen in the American legal system.. A 2018 memo by then-Deputy Attorney General Rod Rosenstein in response to that report defines sexual harassment as conduct including unwelcome advances or other behavior that creates an intimidating, hostile, or offensive work environment. That includes telling sexually oriented jokes and making sexually offensive remarks., The memo said the term sexual misconduct includes on- and off-duty behavior. Robert Print Maggard's 2021 pay is 29% higher than the average pay of an IJ employee at the Executive Office for Immigration Review . The woman did not acknowledge the joke, though someone else in the court laughed. Metered street parking is nearby. 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. Under the Trump administration, the number of complaints dismissed jumped from roughly 40% in 2015 and 2016 to 60% in 2017, 2018, 2019 and 2020. Waiting times to enter the building and EOIR space may be significantly longer than usual. Subject: FW: status inquiry by MuckRock FOIA#2018-37357. The Office of Personnel Management publishes a list of the observed dates of every federal holiday by year online at this link: OPM holidays. Public transit is available via SacRT. Secure .gov websites use HTTPS Case documents are sent to and from Grants home, multiple sources familiar with the situation told The Chronicle. of Commerce) or to a sub-agency to process it. All items will pass through an x-ray machine and are subject to manual inspection if deemed necessary. The Chronicle reported in October that the Trump administration canceled all diversity training, including for immigration 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. In the legal profession, information is the key to success. 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 do not bring people with you into EOIR space unless they are required to be present for your hearing. An official website of the United States government. 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. This request is currently #35 of 63 pending "complex" requests. In EOIR space, staff or signs may direct you to a seat. 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. As necessary and when appropriate, individuals with medical conditions that prevent them from wearing a face covering should alert the judge to their situation. 0 Judge Simpson received a Bachelor of Arts degree in 1995 from Wabash College and a Juris Doctor in 1998 from Seton Hall University. Other senior managers also commented on the womens appearance, it said. The agency will soon begin recruiting a new Chief Immigration Judge. Among the infractions that brought only counseling: a judge who said of an immigrant, She has no value or has demonstrated no value or service to the community but for a sexual service., Another judge was only reprimanded for what a Justice Department document described as inappropriate comments regarding rape victims and premarital sex.. Department of Justice, Executive Office for Immigration Review, https://www.foiaonline.gov/foiaonline/action/public/home. But sources familiar with the situation confirmed it was Grant and that the complaint involved sexual harassment. Oh, men never answer that question, Cassidy said. 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. There is no parking available in the John E. Moss Federal Building for the general public. 161 0 obj <>stream Contact the Court Hours: Opening for Filings Only Court Hours: 8 a.m. - 4:30 p.m. 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. As Cassidy stood over her, the woman said, the judge added, Are you basically telling me that the carpet doesnt match the drapes?. of Commerce) or to a sub-agency to process it. Print Maggard was appointed as an ACIJ in January 2012. 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. The redactions in these e-mail messages are improper because most do not cite any valid exemption under the FOIA. 133 0 obj <> endobj I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not. 0 15 maingot, anthony e. 16 170 maldonado, njeri b. To maintain appropriate social distancing and best facilitate hearings, you may be asked to move or leave a particular area. Judge-by-Judge Asylum Decisions in Immigration Courts Before and After the Attorney General's Directive : Denial Rate : Immigration Court: . 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. 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. RjK {02]s)c\P+P`7_pac ;a PE. An eye View; Opening and closing brackets with a diagonal slash through . 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. PLEASE NOTE: A verification email will be sent to your address before you can access your trial. 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. H\ d100Ag 3. SF Chief IJ Print Maggard will be the acting chief IJ for EOIR until replacement for departing Chief OLeary is found. Hoppock shared the response with The Chronicle. Search the AILALink database for all your practice needsstatutes, regs, case law, agency guidance, publications, and more. 703-305-0289 (phone)PAO.EOIR@usdoj.gov. [[To print the PDF on this page please use the print function in the PDF reader. The changes take effect July 26.. 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. Please see our Privacy Policy. In the interim, Assistant Chief Immigration Judge Print Maggard will serve as the Acting Chief Immigration Judge. MuckRock is a non-profit collaborative news site that gives you the tools to keep our government transparent and accountable. Visitors will pass through a metal detector machine and are subject to additional screening if deemed necessary. 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. 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. 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.. The immigration courts do have a system for reporting complaints. The time to act is really now. 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. like this one. 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. Subject: FOIA Appeal DOJ-AP-2019-000724 Submitted, This message is to notify you of a new appeal submission to the FOIAonline application. Jeff Sessions, U.S. attorney general from 2017 to 2018, addresses incoming immigration judges in Falls Church, Va., in September 2018. EOIR's immigration judges conduct administrative court proceedings in immigration courts located throughout the nation. 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. Visitors must not bring any cameras, video or recording equipment. EOIR announcement that Brian M. O'Leary is returning to the Arlington Immigration Court as an immigration judge. How long was I? S;yNm!>C5dRj'@>qTBz/l}QyE]m)N}-UB3PUYYP'dd}*;D<36k1/1st:_ *P He cracked a joke, and she was not amused, which Cassidy noticed. Some complaints are never shared in detail with the judge, and those who file them are not told the outcome. Sexual harassment has been a recurring problem in the Justice Department itself. million verified professionals across 35 million companies. Attorneys say Cassidys behavior should not have been a secret to the Justice Department. Additional details for this referral are as follows: * Old Tracking Number: DOJ-2018-007915 * New Tracking Number: DOJ-2018-007915 * Requester Name: Matthew Hoppock * Date Submitted: 08/29/2018 * Long Description: foia referral EOIR. The Office of the Chief Immigration Judge (OCIJ) is headed by the Chief Immigration . Many attorneys who have practiced before Cassidy say they decided they were better off brushing aside his conduct toward women than filing complaints. The requested documents will be made available to the general public, and this request is not being made for commercial purposes. Attorney General Loretta E. Lynch appointed Judge Simpson to begin hearing cases in November 2015. Please let me know when I can expect to receive a response, or if further clarification is needed. The calendars for Print Maggard and James McHenry for the month of June, 2018. Immigration attorney Sophia Genovese says it is common for judges to make inappropriate comments, and theres just no accountability for it.. It said substantiated allegations will be treated seriously and consistently result in formal discipline up to dismissal.. 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. 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. If the current person in charge didnt know him, I would get it, Antonini said of Cassidys promotion. All I remember is him just laughing like he had made a funny comment that we should all think is funny.. Robert P. "Print" Maggard, Immigration Judge Judge Maggard was appointed as an immigration judge in April 2009. I look forward to receiving your response to this request within 20 business days, as the statute requires. Law360 provides the intelligence you need to remain an expert and beat the competition. 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. 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.. The department does not tolerate complaints whose sole purpose is to harass, threaten, intimidate, or retaliate against its adjudicators based on their rulings.. Please allow for additional time to go through the security screening process. They requested anonymity because of the sensitivity of the subject matter. Any records referencing phone conferences regarding the Supreme Court's decision in Pereira v. . Remember that the immigration court may limit entry. 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. 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. 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. Already a subscriber? Masters of Public Administration (Organizational Leadership), Bachelor of Science (BS) (Psychology, Biology, Chemistry), If you're not automatically redirected, please click here. It is unacceptable for anyone with a track record of inappropriate behavior to be protected and promoted. From: Department of Justice, Executive Office for Immigration Review. 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. 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. All times are GMT-5. An immigration judge might retaliate against the advocate by punishing her clients and these are people fleeing persecution, rape and even death, Mendez said. About the Immigration Judge Juge Print was appointed as a DCIJ in November 2015. She said the situation improved in recent years as more supervising judges were placed in the regions they oversee. logging into FOIAonline (https://www.foiaonline.gov/foiaonline/action/public/home), Hoppock, Matthew, AP-2019-000724, Appeal response letter, Recently Disciplined Attorneys and Updated List (2).pdf, RE_ Recently Disciplined Practitioners, Reinsta.pdf, Detail Opportunities - Las Vegas and Florence.pdf, SPECIAL WORK OPPORTUNITY - BIA Precedent Committee.pdf, Detail Opportunity - Las Vegas (new dates) and .pdf, Recently disciplined attorneys and updated list(5).pdf, Recently Disciplined Practitioners, Reinstated (12).pdf, Recently Disciplined Practitioners, Reinstated (8).pdf, Special Work Opportunity - IJs to Adjudicate Attorney Discipline Cases.pdf, Special Work Opportunity - R&A Cases (On Behalf of CIJ Keller).pdf, Recently Disciplined Attorneys and Updated List(2).pdf, Recently disciplined attorneys and updated list(4).pdf, Atty Discipline Chart Primary (2) email attachment 1-25-18 .pdf, Recently disciplined attorneys and updated list(8).pdf, Supreme Court Published - Sessions v. Morales-Santana.pdf, Special Work Opportunity - New Immigration Judge Training - September 22, 2017 Deadline.pdf, Recently disciplined attorneys and updated list(7).pdf, Special Work Opportunity - survey committee.pdf, Training Topics - New Immigration Judge Traini- email attachment. The U.S. American Immigration Lawyers Association. 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. 9-26-18_MR56736_RES-C_IDFOIA-2018-39532.pdf, Subject: Your FOIA Request DOJ-2018-008786 (AG). Data for the latter two years was posted online after The Chronicle inquired why reporting had stopped after 2018. The light rail train and buses stop on the 8th Street side of the building. The Justice Department cited its policy of not commenting on personnel matters in declining to answer questions to The Chronicle about Grants banishment. *Dp+_>g6,aP{PZY@JYAT,'JVpL/q2)p0* 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. 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 judge ruled in her favor. In the interim, Assistant Chief Immigration Judge Print Maggard will serve as the Acting Chief Immigration Judge. Security officers may inspect electronic equipment and conduct additional screening if deemed necessary or instructed to do so by the court. He and his colleagues are the next-to-last hope for immigrants. Washington, DC 20005. ), Create custom alerts for specific article and case topics and, I took a free trial but didn't get a verification email. Thank you in advance for your anticipated cooperation in this matter. 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: Two commercial parking lots, open and covered, are within walking distance to the building. Cassidy is frequently a target of ad hominem attacks, threats, and unsubstantiated accusations by commenters and advocacy organizations who simply disagree with the merits of his decisions, spokesperson Kathryn Mattingly said in a statement. As the woman sniffled audibly, Cassidy told her he had bonded with her over the story, as he also was born prematurely. Together, the documents show mild consequences for subjects of repeated complaints, including Cassidy. 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. Given the nature of this request, some records are only being released to you as the requester. 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. 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. 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 EOIR's Office of the Chief Administrative Hearing Officer adjudicates immigration-related employment cases. The Chronicle spoke with three people who confirmed the attorney shared the story with them shortly after it happened. 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. 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. Its a problem that Bidens administration has inherited. 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. The department said it could not comment on the incidents raised to The Chronicle because the attorneys involved did not file complaints. 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 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. For years, women working at the national headquarters of the immigration courts in Falls Church, Va., shared whispered warnings about Judge Edward R. Grant. 17, 2017).pdf, Recently Disciplined Attorneys and Updated List(1).pdf, There are too many files to display on this communication. 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. JugePrint was appointed as a DCIJ in November 2015. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. The calendars for Print Maggard and James McHenry for the month of June, 2018. Learn more. An analysis of those records by Mendezs group, the Catholic Legal Immigration Network, showed only a handful of instances in which judges were suspended. Unless they are required to be present for your anticipated cooperation in this matter question, Cassidy told he! Chronicle because the attorneys involved did not acknowledge the joke, though someone else in Justice... 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