An analysis of those records by Mendezs group, the Catholic Legal Immigration Network, showed only a handful of instances in which judges were suspended. 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.. Sophia Genovese, an immigration attorney, says it was common for immigration judges in Atlanta to make inappropriate remarks. The Chronicle reported in October that the Trump administration canceled all diversity training, including for immigration judges. 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. Robert Print Maggard's 2021 pay is 22% higher than the average General Attorney across all agencies. 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. Genovese and other attorneys in Atlanta say such behavior was routine for Cassidy. 9-26-18_MR56736_RES-C_IDFOIA-2018-39532.pdf, Subject: Your FOIA Request DOJ-2018-008786 (AG). 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. 3 77 malloy, rosalind k. 41 32 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. 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. 650 Capitol Mall, Suite 4-200 Jeff Sessions, U.S. attorney general from 2017 to 2018, addresses incoming immigration judges in Falls Church, Va., in September 2018. From May 2009 to December 2011, Judge Maggard served at the San Francisco Immigration Court as an immigration judge. AILA.org should not be relied upon as the exclusive source for your legal research. 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. ], American Immigration Lawyers Association Face coverings may be required in the courtroom if directed by the presiding immigration judge. As necessary and when appropriate, individuals with medical conditions that prevent them from wearing a face covering should alert the judge to their situation. When all the requests have been completed, appropriate documents will be posted in the FOIA reading room IAW the "rule of 3". You had assigned it reference number #2018-37357. This page was generated at 07:58 AM. Judge Simpson received a Bachelor of Arts degree in 1995 from Wabash College and a Juris Doctor in 1998 from Seton Hall University. OFFICE OF THE CHIEF IMMIGRATION JUDGE . 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 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. 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. 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. 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. JugePrint was appointed as a DCIJ in November 2015. If they lose before the board, their only hope of avoiding deportation is a long-shot case in federal appellate courts. In such cases, The Chronicle has complete knowledge of the unnamed person's identity and of how that person is in position to know the information. 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. The immigration courts do have a system for reporting complaints. 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. Law360 takes your privacy seriously. Another has been banned for more than seven years from the government building where he worked after management found he harassed female staff, but is still deciding cases. Search the AILALink database for all your practice needsstatutes, regs, case law, agency guidance, publications, and more. Want the latest investigative and FOIA news? 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. MuckRock is a non-profit collaborative news site that gives you the tools to keep our government transparent and accountable. The judge ruled in her favor. Nichole Rodriguez - email: [email protected], Jonathan W. Hitesman, Assistant Chief Immigration Judge, John Moss Federal Building 2. He was demoted and transferred to a courtroom in Sacramento. 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. ` v# 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 attorneys were not identified by name in the report. $[AD%` $_$zA>+Zbm@7 @+ It said the earlier complaints against Cassidy did not include allegations of harassment and showed no evidence he has engaged in serial misconduct.. For years, women working at the national headquarters of the immigration courts in Falls Church, Va., shared whispered warnings about Judge Edward R. Grant. 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.. 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. He is still there, hearing immigrants cases but stripped of his supervisor duties. She said the agency takes allegations of misconduct seriously and that anyone with a valid complaint should file it. In that moment, am I thinking that I might be perpetuating sexism in the system? Please remember this while choosing to enter an elevator. Together, the documents show mild consequences for subjects of repeated complaints, including Cassidy. Two commercial parking lots, open and covered, are within walking distance to the building. In one instance, captured on courtroom audio, Cassidy had just granted relief from deportation in 2019 to a green card holder from Germany. 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. That lewd expression refers to a womans pubic area. But investigators wrote in the full report that they substantiated such allegations against Maggard and other supervisors. 161 0 obj <>stream Copyright Rate Your Immigration Judge 2023. Some complaints are never shared in detail with the judge, and those who file them are not told the outcome. Nearly a dozen attorneys who have argued cases before him since the 1990s told The Chronicle that his behavior was frequently inappropriate. Judge Print also served as an Immigration Judge at the San Francisco Immigration Court from May 2009 to December 2011. Subject: RE: Freedom of Information Act Request #2018-37357. Please see our Privacy Policy. pdf.pdf, Policy & Case Law Bulletin - January 26, 2018.pdf, Supreme Court Published - Maslenjak v. United States.pdf, Recently Disciplined Practitioners, Reinstated (2).pdf. Cassidy said he weighed just 3 pounds at birth. A copy of documents responsive to the request. A redacted copy of the report was provided to The Chronicle by Hoppock, who also received the inspector general investigation through the Freedom of Information Act. All I remember is him just laughing like he had made a funny comment that we should all think is funny.. In those roles, he appeared in numerous cases before Cassidy. Judge Simpson is a member of the New Jersey Bar. Washington, DC 20005. A .gov website belongs to an official government organization in the United States. You have to know whats happening with clients, competitors, practice areas, and industries. Individuals who do not comply with any relevant laws or policies may be denied access to or asked to leave the building or facility. Try our Advanced Search for more refined results. Attorneys go before the same judges regularly, and those judges wide discretion gives them ample room to make life difficult for a lawyer who crosses them. No credit card required. There are too many files to display on the request page. %%EOF The time to act is really now. Thank you,-----------------------------------------Initial Request StaffOffice of Information PolicyU.S. As director, McHenry oversees the hiring process for the board. :.bCI*|p=5-T?n69e$[%iml!. 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. See all files. The actions did not constitute sexual harassment under Justice Department policy, the report said, because the subjects of the comments were unaware of them and the policy requires that the conduct be unwelcome. Maggard was joking with willing colleagues, the report said. Law360 provides the intelligence you need to remain an expert and beat the competition. Pursuant to the Freedom of Information Act, I hereby request the following records: 1. like this one. A complaint process thats not transparent loses about 90% of its utility, Slavin said. 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.. Learn more. Please see our Privacy Policy. . She said the situation improved in recent years as more supervising judges were placed in the regions they oversee. The leading immigration law publisher - over 50000 pages of free information! (business & personal). If instructed to sit in a particular location, do not switch seats. He also served as an immigration judge from 2009 to 2011 in San Francisco, and he was an Immigration and Customs Enforcement attorney in the city from 2006 to 2009. 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. The agency will soon begin recruiting a new Chief Immigration Judge. Responsive records have been located and are being reviewed for release. In the interim, Assistant Chief Immigration Judge Print Maggard will serve as the Acting Chief Immigration Judge. maggard, print 5 4 mahasa, zakia 34 27 mahtabfar, sunita b. *Dp+_>g6,aP{PZY@JYAT,'JVpL/q2)p0* 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. Grant issues his rulings without seeing the inside of a courtroom. Hoppock, who practices in Kansas City, Mo., frequently files requests for information from immigration agencies, which he then makes public. 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. Security officers may inspect electronic equipment and conduct additional screening if deemed necessary or instructed to do so by the court. 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. Robert P. "Print" Maggard, Immigration Judge Judge Maggard was appointed as an immigration judge in April 2009. About the Court | Contact the Court | Public Health | Immigration Court Procedures | Helpful Links, Internet-Based Hearings Access Information. As the woman sniffled audibly, Cassidy told her he had bonded with her over the story, as he also was born prematurely. Social distancing (maintaining a distance of six feet from those with whom you do not live) is required. 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). Many attorneys who have practiced before Cassidy say they decided they were better off brushing aside his conduct toward women than filing complaints. Antonini, who also knows McHenry, said he should have been well aware of Cassidys in-court behavior. 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. It is unacceptable for anyone with a track record of inappropriate behavior to be protected and promoted. The bulk of complaints that were sustained were met with corrective actions, including training or counseling. Already a subscriber? million verified professionals across 35 million companies. He improperly provided sample questions to a job candidate in advance of the persons interview and escorted a friend to another interview, an impermissible boost to her job application, investigators said. Share sensitive information only on official, secure websites. AILALink puts an entire immigration law library at your fingertips! 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. hb```l|aB o~a UjB X HRHx6J;-rq# `u3p/d endstream endobj startxref They go to the judges managers, assistant chief immigration judges, a position Maggard held in San Francisco. 3. Contact the Webmaster to submit comments. Try our Advanced Search for more refined results. 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. 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. Already a subscriber? In EOIR space, staff or signs may direct you to a seat. There is no parking available in the John E. Moss Federal Building for the general public. I remember feeling very, very embarrassed and shaking, and I went completely red. Please allow for additional time to go through the security screening process. Executive Office for Immigration Review (EOIR) is responsible for adjudicating immigration cases by conducting immigration court proceedings, appellate reviews, and administrative hearings. In the moment, you just know that you have to stay calm, said Sophia Genovese, who has been an immigration attorney for three years and worked in the field of immigration policy for five. Elevator wait times may be significantly longer than usual for this reason. It said substantiated allegations will be treated seriously and consistently result in formal discipline up to dismissal.. About the Immigration Judge Juge Print was appointed as a DCIJ in November 2015. 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. Please see the agencys Public Health Noticefor more information. Print Maggard was appointed as an ACIJ in January 2012. I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on June 24, 2018. They requested anonymity because of the sensitivity of the subject matter. Please use the download button to access the PDF. Please see our Privacy Policy. Subject: Freedom of Information Act Request: McHenry and Maggard Correspondence and Calendars on Pereira. FALLS CHURCH, VA The Executive Office for Immigration Review (EOIR) today announced the investiture of two immigration judges. ), Create custom alerts for specific article and case topics and, I took a free trial but didn't get a verification email. Make arrangements to arrive in advance of your hearing so you arrive to the courtroom on time. AILA Doc. Any records referencing phone conferences regarding the Supreme Court's decision in Pereira v. . Maggard did not respond to requests for comment. Data for the latter two years was posted online after The Chronicle inquired why reporting had stopped after 2018. Copyright 1993-document.write(new Date().getFullYear()) Attorney General H. Eric Holder Jr. appointed Judge Daugherty to begin hearing cases in November 2015. The Justice Department cited its policy of not commenting on personnel matters in refusing to answer questions about Maggards conduct. Five led to counseling by Cassidys bosses on how he should conduct himself. 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. 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.. Window Filing Hours: 8 a.m. - 4:00 p.m. Otherwise, those responsive records will be sent via the method agreed upon with the FOIA processor. It declined to say whether the others who participated in the conversations with Maggard were identified or faced consequences. The Board of Immigration Appeals primarily reviews appeals of decisions by immigration judges. Falls Church, VA 22041 No complaints resulted in formal discipline in 2017, 2018 or 2020, and 5% or fewer did other years. All items will pass through an x-ray machine and are subject to manual inspection if deemed necessary. McCloskey did not respond to requests for comment. Judge Daugherty also has provided legal services in a number of other positions within the Marine Corps and has served as an assistant county prosecutor. Kopan graduated with honors from the University of Chicago. 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. Remember that the immigration court may limit entry. EOIR regularly monitors the performance and conduct of its adjudicators through daily supervision by EOIR's three adjudicating components: the Office of Deputy Chief Immigration Judge Print Maggard presided over the ceremony at the agency's Falls Church, Virginia, headquarters. 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. The woman did not acknowledge the joke, though someone else in the court laughed. Case documents are sent to and from Grants home, multiple sources familiar with the situation told The Chronicle. A joint initiative between the American Immigration Council and AILA seeks to change the playing field for immigrants facing deportation. He also warned attorneys not to make baseless complaints designed to harass, threaten, intimidate, or retaliate against judges. The complaints are not made public. Please review only once unless you have a new experience with this judge. 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. At the time, it was annoying but typical Cassidy, Genovese said. 17, 2017).pdf, Recently Disciplined Attorneys and Updated List(1).pdf, There are too many files to display on this communication. 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. 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. She added that the court system explicitly forbids retaliation.. AILAs Advocacy Action Center allows you to advocate for legislative and policy reforms consistent with AILAs principles and priorities. Visitors must not bring any cameras, video or recording equipment. [[To print the PDF on this page please use the print function in the PDF reader. Please do not reply to this e-mail, as this account is not monitored. The comments occurred before the judge opened the recorded portion of the hearing, they said. Please let me know when I can expect to receive a response, or if further clarification is needed. Its a problem that Bidens administration has inherited. 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. The department does not tolerate complaints whose sole purpose is to harass, threaten, intimidate, or retaliate against its adjudicators based on their rulings.. Secure .gov websites use HTTPS Instead, the report concluded that Maggard exhibited poor judgment and should have avoided such behavior. Password (at least 8 characters required). Copyright 1995-2017 American Immigration LLC, ILW.COM. The Justice Department said that without a written complaint, it could not comment on the allegation. Law360 takes your privacy seriously. 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. 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.. The department said it could not comment on the incidents raised to The Chronicle because the attorneys involved did not file complaints. 0 133 0 obj <> endobj Contact the Court Hours: Opening for Filings Only Court Hours: 8 a.m. - 4:30 p.m. 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. 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. Judge-by-Judge Asylum Decisions in Immigration Courts FY 2017-2022 Published Oct 9, 2022 Denial Rate Tables for Prior Periods TRAC is a nonpartisan, nonprofit data research center affiliated with the Newhouse School of Public Communications and the Whitman School of Management, both at Syracuse University. The recording was provided to The Chronicle by the womans attorney, Genovese, who was practicing in Atlanta with the Southern Poverty Law Center. 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. You have to know whats happening with clients, competitors, practice areas, and industries. Judge Daugherty is a member of the Ohio Bar. 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. 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. 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. The requested documents will be made available to the general public, and this request is not being made for commercial purposes. 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. 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. Attorneys say Cassidys behavior should not have been a secret to the Justice Department. Although the supervisors name was blacked out, multiple sources familiar with the contents of the report confirmed it was Print Maggard. As the woman did not file complaints use HTTPS Instead, the memo said the situation improved recent. Additional screening if deemed necessary or instructed to sit in a particular,. Cassidy told her he had bonded with her over the story, as also! 4 mahasa, zakia 34 27 mahtabfar, sunita b not file.. Are within walking distance to the general public, and this Request is not being made for purposes. Against judges as he also was born prematurely DCIJ in November 2015 whats with... Lawyers Association Face coverings may be required in the full report that they substantiated such against. Is funny relied upon as the woman did not acknowledge the joke, though someone in... Stream Copyright Rate your Immigration judge Print also served as an Immigration judge judge Maggard served at the Francisco... 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