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. 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. The department said it could not comment on the incidents raised to The Chronicle because the attorneys involved did not file complaints. Subject: RE: Freedom of Information Act Request #2018-37357. Law360 takes your privacy seriously. Visitors must not bring any cameras, video or recording equipment. 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. Attached is correspondence from the Department of Justice's Office of Information Policy, which is associated with the above-referenced Freedom of Information Act (FOIA) request. 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. 1331 G Street NW, Suite 300 The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice. Supervisors concluded that Grant had harassed female staffers, and took an extraordinary step: They banned Grant from the court building. ]], [This functionality does not work on your device. Nearly a dozen attorneys who have argued cases before him since the 1990s told The Chronicle that his behavior was frequently inappropriate. It did not say whether it offers any additional gender sensitivity training for its judges. Secure .gov websites use HTTPS 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. The leading immigration law publisher - over 50000 pages of free information! Judge Simpson is a member of the New Jersey Bar. Contact the Webmaster to submit comments. Anonymous sources: The Chronicle strives to attribute all information we report to credible, reliable, identifiable sources. 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. Similar Profiles. Grant issues his rulings without seeing the inside of a courtroom. Attorneys Ivan Yacub and Lauren Truslow represented a woman seeking asylum in Arlington, Va., arguing she was a victim of sex trafficking and had been brutally sexually assaulted in her native country. Jonathan S. Simpson, Immigration Judge, San Francisco Immigration Court. EOIR is committed to ensuring fairness in all of the cases it adjudicates. 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. She said she recoiled at the joke, but didnt find it out of the ordinary for Cassidy. OFFICE OF THE CHIEF IMMIGRATION JUDGE . 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 Complaints about immigration judges are not made public. 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.. Security officers may inspect electronic equipment and conduct additional screening if deemed necessary or instructed to do so by the court. Thank you,-----------------------------------------Initial Request StaffOffice of Information PolicyU.S. Try our Advanced Search for more refined results. 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. 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.. Tal Kopan is the Washington Correspondent for The San Francisco Chronicle. 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. 17, 2017).pdf, Recently Disciplined Attorneys and Updated List(1).pdf, There are too many files to display on this communication. 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. 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. She said the comments ate away at her for months before she sent an email notifying other attorneys who practice in the area. Holidays and Emergencies: The immigration court is open Monday to Friday except for federal holidays. 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 EOIR operates within a variety of settings across the country, most commonly in federal or leased buildings controlled by the General Services Administration and detention facilities operated by the Department of Homeland Security. But she said the Trump administration focused on different priorities namely, speeding up deportation cases and limiting immigrants ability to win asylum. It called the current system difficult to use for complainants and judges alike. Attorneys say Cassidys behavior should not have been a secret to the Justice Department. It never really got me anywhere, and it created enemies.. I remember feeling very, very embarrassed and shaking, and I went completely red. The department said all of its employees complete mandatory sexual harassment and misconduct awareness training. In the legal profession, information is the key to success. It is an ever-present buzz. 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. She said it wasnt until she told the story to colleagues who worked in other federal courts, and saw them react with horror, that she realized it was uncommon behavior for a judge. Nichole Rodriguez - email: nichole.rodriguez@usdoj.gov, Jonathan W. Hitesman, Assistant Chief Immigration Judge, John Moss Federal Building It is not a system designed to protect complainants. You have to know whats happening with clients, competitors, practice areas, and industries. Please see the agencys Public Health Noticefor more information. After the report was completed in November 2019, Maggard was demoted and reassigned to be an immigration judge in Sacramento. 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. Case documents are sent to and from Grants home, multiple sources familiar with the situation told The Chronicle. You had assigned it reference number #2018-37357. 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. Please see our Privacy Policy. It said substantiated allegations will be treated seriously and consistently result in formal discipline up to dismissal.. Other judges may have been fired, but the department does not separate firings from retirements or resignations in its data. There are too many files to display on the request page. The Office of the Chief Immigration Judge (OCIJ) is headed by the Chief Immigration . The Chronicle reported in October that the Trump administration canceled all diversity training, including for immigration judges. See all files. Many attorneys who have practiced before Cassidy say they decided they were better off brushing aside his conduct toward women than filing complaints. Its quite literally a Sophies choice that should never happen in the American legal system.. The Justice Department has long lacked a strong system for reporting and responding to sexual harassment and misconduct. If they lose before the board, their only hope of avoiding deportation is a long-shot case in federal appellate courts. Justice Department data shows the administration dismissed more complaints against judges than its predecessor. hbbd``b`Z Any materials or objects of any kind that could be used as a weapon are prohibited. endstream endobj 137 0 obj <>stream Its a problem that Bidens administration has inherited. All correspondence mentioning "Pereira" to or from James McHenry or Print Maggard. He said, Good testimony should be like a skirt should be long enough to cover everything but short enough to keep it interesting, both attorneys recalled in an interview. Supervisors of judges have also engaged in behavior that could give rise to harassment or misconduct claims, according to a 2019 Justice Department inspector generals report obtained by The Chronicle. Face coverings may be required in the courtroom if directed by the presiding immigration judge. Hoppock shared the response with The Chronicle. The sources declined to talk on the record because of the sensitivity of the subject matter. 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. 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. Phone: 916-447-9301 Acting Chief Immigration Judge Print Maggard presided over the investiture during a ceremony held Nov. 6, 2015, at the U.S. Court of Appeals for the Armed Forces in Washington D.C. After a thorough application process, then-Attorney General Eric H. Holder Jr. appointed Daniel J. Daugherty to his new position, and Attorney General Loretta E. Lynch appointed Jonathan S. Simpson to his new position. 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. Thank you in advance for your anticipated cooperation in this matter. 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. If the current person in charge didnt know him, I would get it, Antonini said of Cassidys promotion. Please do not bring people with you into EOIR space unless they are required to be present for your hearing. %PDF-1.5 % They go to the judges managers, assistant chief immigration judges, a position Maggard held in San Francisco. Antonini, who also knows McHenry, said he should have been well aware of Cassidys in-court behavior. Please see our Privacy Policy. 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 Visitors will pass through a metal detector machine and are subject to additional screening if deemed necessary. 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). 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. 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. 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. The time to act is really now. SF Chief IJ Print Maggard will be the acting chief IJ for EOIR until replacement for departing Chief OLeary is found. 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. It is unacceptable for anyone with a track record of inappropriate behavior to be protected and promoted. Subject: FOIA Appeal DOJ-AP-2019-000724 Submitted, This message is to notify you of a new appeal submission to the FOIAonline application. As the woman sniffled audibly, Cassidy told her he had bonded with her over the story, as he also was born prematurely. For years, women working at the national headquarters of the immigration courts in Falls Church, Va., shared whispered warnings about Judge Edward R. Grant. A separate PDF reading app may be necessary. The Justice Department cited its policy of not commenting on personnel matters in declining to answer questions to The Chronicle about Grants banishment. Given the nature of this request, some records are only being released to you as the requester. 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. 102 Petty France, London, Greater London SW1H 9AJ, GB, View No complaints resulted in formal discipline in 2017, 2018 or 2020, and 5% or fewer did other years. Subject: FW: status inquiry by MuckRock FOIA#2018-37357. Copyright 1995-2017 American Immigration LLC, ILW.COM. About the Immigration Judge Juge Print was appointed as a DCIJ in November 2015. If instructed to sit in a particular location, do not switch seats. Contact the Court Hours: Opening for Filings Only Court Hours: 8 a.m. - 4:30 p.m. ], American Immigration Lawyers Association 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.. Individuals who do not comply with any relevant laws or policies may be denied access to or asked to leave the building or facility. Law360 provides the intelligence you need to remain an expert and beat the competition. Immigration attorney Sophia Genovese says it is common for judges to make inappropriate comments, and theres just no accountability for it.. Password (at least 8 characters required). In those roles, he appeared in numerous cases before Cassidy. I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on June 24, 2018. 5107 Leesburg Pike, Suite 1800 Remember that the immigration court may limit entry. A third, a supervisor based mostly in San Francisco, commented with colleagues about the attractiveness of female job candidates, an internal investigation concluded. AILALink puts an entire immigration law library at your fingertips! The requested documents will be made available to the general public, and this request is not being made for commercial purposes. The new immigration judges were appointed by U.S. Attorney General Loretta E. Lynch. Print Maggard's Email & Phone Number Immigration Judge @ U.S. Department of Justice Location San Francisco, California, United States Work Immigration Judge @ u.s. Department of Justice Deputy Chief Immigration Judge @ u.s. Department of Justice Assistant Chief Immigration Judge @ u.s. Department of Justice see more Education The Office of Personnel Management publishes a list of the observed dates of every federal holiday by year online at this link: OPM holidays. The brand-new 18th edition of Kurzban's Immigration Law Sourcebook is now shipping. RjK {02]s)c\P+P`7_pac ;a PE. EOIR's immigration judges conduct administrative court proceedings in immigration courts located throughout the nation. 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. 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. 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. 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. AILAs Advocacy Action Center allows you to advocate for legislative and policy reforms consistent with AILAs principles and priorities. From July 2006 . Share sensitive information only on official, secure websites. The Board of Immigration Appeals primarily reviews appeals of decisions by immigration judges. He and his colleagues are the next-to-last hope for immigrants. Please see our Privacy Policy. 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. Practiced before Cassidy say they decided they were better off brushing aside his conduct women... 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