She added that the court system explicitly forbids retaliation.. 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 Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice. 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. Complaints about immigration judges are not made public. The woman asked how long he was. In those roles, he appeared in numerous cases before Cassidy. From May 2009 to December 2011, Judge Maggard served at the San Francisco Immigration Court as an immigration judge. But at the end of the day, I know how far a complaint could take me. 3 77 malloy, rosalind k. 41 32 Print Maggard Immigration Judge at U.S. Department of Justice, Executive Office for Immigration Review San Francisco Bay Area 506 followers 500 connections Join to view profile U.S.. You can have a judge that has three or four complaints against them, and action is being taken, but if no one knows, the judge can hide it and no one knows the complaints are doing anything. It is not a system designed to protect complainants. Many attorneys who have practiced before Cassidy say they decided they were better off brushing aside his conduct toward women than filing complaints. He basically said to me, Are you naturally a blonde maybe? Like, I dont get it because Im a blonde, not a brunette, said the attorney, who requested anonymity because she still practices before the Atlanta court and is concerned about the way sexual harassment victims are treated when they go public. McCloskey did not respond to requests for comment. Visitors must not bring any cameras, video or recording equipment. Removing judges who commit misconduct from the courts will be no easy task for Biden, as the system itself is part of the problem, experts say. Public transit is available via SacRT. H|TQo0~W= cTUjVjRHPv~wp||g>9Y7uQpr}Qn{XE-FY+ J8-LXm+.:r)vhPA];H,X#ABWu0(%(@iDc0m? The U.S. Department of Justice is the department responsible for the enforcement of the law and administration of justice in the U.S. endstream endobj startxref They requested anonymity because of the sensitivity of the subject matter. From 2006 through September 2015, Judge Simpson served as assistant chief counsel, U.S. Immigration and Customs Enforcement, Department of Homeland Security, in Los Angeles and San Diego, Calif. From 1997 through 2006, both domestically and abroad, Judge Simpson served in various capacities as a member of the U.S. Navys Judge Advocate Generals Corps, including branch chief, officer in charge, and attorney. 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. 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. 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.. 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.. 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. Password (at least 8 characters required). of Commerce) or to a sub-agency to process it. Please use the download button to access the PDF. That lewd expression refers to a womans pubic area. The entire e-mail messages is responsive to this request, and the agency can't redact parts without citing a FOIA exemption. The leading immigration law publisher - over 50000 pages of free information! FALLS CHURCH, VA - The Executive Office for Immigration Review (EOIR) today announced the investiture of two immigration judges. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. The bulk of complaints that were sustained were met with corrective actions, including training or counseling. The light rail train and buses stop on the 8th Street side of the building. Judge Daugherty received a Bachelor of Science degree in 1984 from Defiance College and a Juris Doctor in 1987 from the University of Toledo, College of Law. An official website of the United States government. 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. All times are GMT-5. Password (at least 8 characters required). About the Immigration Judge Juge Print was appointed as a DCIJ in November 2015. This page was generated at 07:58 AM. As the woman sniffled audibly, Cassidy told her he had bonded with her over the story, as he also was born prematurely. 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. It did not say whether it offers any additional gender sensitivity training for its judges. H\ d100Ag 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. 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 judges behavior appears to violate the departments conduct policies and raises questions about the immigration courts ability to function fairly. 126 34 calcador, kerri 26 39 . 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. PLEASE NOTE: A verification email will be sent to your address before you can access your trial. Please let me know when I can expect to receive a response, or if further clarification is needed. Please allow for additional time to go through the security screening process. 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. 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. 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). 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. Only then, she argues, should he support legislation making the courts independent. 703-305-0289 (phone)PAO.EOIR@usdoj.gov. Metered street parking is nearby. The Justice Department has long lacked a strong system for reporting and responding to sexual harassment and misconduct. Secure .gov websites use HTTPS ]], [This functionality does not work on your device. Deputy Chief Immigration Judge Print Maggard presided over the ceremony at the agency's Falls Church, Virginia, headquarters. She said the comments ate away at her for months before she sent an email notifying other attorneys who practice in the area. AILAs Advocacy Action Center allows you to advocate for legislative and policy reforms consistent with AILAs principles and priorities. The calendars for Print Maggard and James McHenry for the month of June, 2018. The Justice Departments response did not identify the judge. A separate PDF reading app may be necessary. Up to 5 Kopan graduated with honors from the University of Chicago. The attorney general alone holds the power to fire immigration judges. An acknowledgement letter, stating the request is being processed. Email: tal.kopan@sfchronicle.com Twitter: @talkopan. It said substantiated allegations will be treated seriously and consistently result in formal discipline up to dismissal.. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not. Another complaint alleging violations of immigrants rights by Cassidy and other Atlanta judges was filed in 2018 and made public by the Southern Poverty Law Center, which advocates for immigrants and civil rights. But The Chronicles reporting showed little sign of improvement in practice. The attorneys were not identified by name in the report. Share sensitive information only on official, secure websites. You know if you do anything to piss him off, thats going to ruin your reputation in his eyes. She said she recoiled at the joke, but didnt find it out of the ordinary for Cassidy. All visitors to any building or facility in which an EOIR operation is located are required to comply with all relevant laws or policies governing access to those buildings or facilities. 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.. The time to act is really now. 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). EOIR's immigration judges conduct administrative court proceedings in immigration courts located throughout the nation. 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. The Chronicle spoke with three people who confirmed the attorney shared the story with them shortly after it happened. pdf.pdf, Policy & Case Law Bulletin - January 26, 2018.pdf, Supreme Court Published - Maslenjak v. United States.pdf, Recently Disciplined Practitioners, Reinstated (2).pdf. Creating an independent immigration court seems to me like a no-brainer, Lofgren said at a hearing in January 2020. Robert P. "Print" Maggard, Immigration Judge Judge Maggard was appointed as an immigration judge in April 2009. 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). *Dp+_>g6,aP{PZY@JYAT,'JVpL/q2)p0* 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. The judge ruled in her favor. Sexual harassment has been a recurring problem in the Justice Department itself. Its quite literally a Sophies choice that should never happen in the American legal system.. 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. She said the agency takes allegations of misconduct seriously and that anyone with a valid complaint should file it. Judge Daugherty is a member of the Ohio Bar. All items will pass through an x-ray machine and are subject to manual inspection if deemed necessary. The department said all hiring for immigration courts and the Board of Immigration Appeals follows an open, merit-based process. Search the AILALink database for all your practice needsstatutes, regs, case law, agency guidance, publications, and more. million verified professionals across 35 million companies. For years, women working at the national headquarters of the immigration courts in Falls Church, Va., shared whispered warnings about Judge Edward R. Grant. Slavin said Bidens first priority should be hiring new judges to deal with a backlog of cases and to counterbalance Trumps hundreds of hires who she said favor deportation, and that he should rescind many of the Trump administrations immigration policy changes. 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. Falls Church, VA 22041 The George Washington University Law School, University of the Pacific - McGeorge School of Law, {{ userNotificationState.getAlertCount('bell') }}. The new immigration judges were appointed by U.S. Attorney General Loretta E. Lynch. Document: Declaration of Print Maggard (June 26, 2017) Northwest Immigrants Rights Project (NWIRP) v. Sessions ( U.S. District Court for the Western District of Washington) back to case Save State / Territory: Washington Document Type: Pleading / Motion / Brief Docket Number (s): 2:17-cv-00716 ECF Number: 48 Party Type (s): Defendant It called the current system difficult to use for complainants and judges alike. The department said all of its employees complete mandatory sexual harassment and misconduct awareness training. 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. Any records referencing phone conferences regarding the Supreme Court's decision in Pereira v. . Want the latest investigative and FOIA news? 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. If they lose before the board, their only hope of avoiding deportation is a long-shot case in federal appellate courts. 102 Petty France, London, Greater London SW1H 9AJ, GB, View Face coverings may be required in the courtroom if directed by the presiding immigration judge. In the interim, Assistant Chief Immigration Judge Print Maggard will serve as the Acting Chief Immigration Judge. When all the requests have been completed, appropriate documents will be posted in the FOIA reading room IAW the "rule of 3". 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. Elevator wait times may be significantly longer than usual for this reason. Maggard did not respond to requests for comment. 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. EOIR's Office of the Chief Administrative Hearing Officer adjudicates immigration-related employment cases. 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. 3. Waiting times to enter the building and EOIR space may be significantly longer than usual. Five led to counseling by Cassidys bosses on how he should conduct himself. If the current person in charge didnt know him, I would get it, Antonini said of Cassidys promotion. 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. Please see our Privacy Policy. 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. Tal Kopan is the Washington Correspondent for The San Francisco Chronicle. 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. No credit card required. 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. All Rights Reserved, Review and comment based on your own experience. 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. EOIR says: The Executive Office for Immigration Review today announced that, following more than six years of service with distinction as Chief Immigration Judge, Brian M. O'Leary has decided to return to the immigration bench as an immigration judge at the Arlington . 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. There are too many files to display on the request page. The 11 new judges, who were appointed by Attorney General Jeff . You have to know whats happening with clients, competitors, practice areas, and industries. Additional details for this consultation are as follows: * Old Tracking Number: DOJ-2018-007740 * New Tracking Number: DOJ-2018-007740 * Requester Name: Matthew Hoppock * Date Submitted: 08/22/2018 * Long Description: foia consult eoir, Subject: FOIA Tracking Number Change for referral DOJ-2018-007915 (to DOJ-2018-007915), The FOIA referral DOJ-2018-007915 has had its Tracking Number changed to DOJ-2018-007915. PLEASE NOTE: A verification email will be sent to your address before you can access your trial. 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. From: Department of Justice, Executive Office for Immigration Review. You had assigned it reference number #2018-37357. You have to know whats happening with clients, competitors, practice areas, and industries. 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. 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. The immigration court has put into place procedures to implement the guidance of public health officials. endstream endobj 137 0 obj <>stream Nichole Rodriguez - email: nichole.rodriguez@usdoj.gov, Jonathan W. Hitesman, Assistant Chief Immigration Judge, John Moss Federal Building 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. 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. Even when Im saying it now, I feel like Im starting to get red in the face, the attorney said. 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. Secure websites at a hearing in January 2020 if they lose before the Board, their hope. 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