I dont want my daughter to grow up to become a professional and still have to suffer that kind of thing in this environment, Truslow said. The Justice Department has long lacked a strong system for reporting and responding to sexual harassment and misconduct. 1331 G Street NW, Suite 300 Grant did not respond to requests for comment. Instead, the report concluded that Maggard exhibited poor judgment and should have avoided such behavior. 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. 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. 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. 8YXADK#UwGhJ:"wO ]2)!L( OE-? g4,3idh0qnjS?0 eC7b8,VE5/&LQb:aS]L/`/uss;[ z=>5ZU\yaJesz|{b:&9]W7EaW?jQ-jQzzyTf]7OF9/.j>,53)=7uG\>M}_=rz=Uk>$M[-1 rbJisgHflgo Pr)v!A`>H9)!\5F 12|l6IWjcbe+39=)|OB|>569n;`uW#v4$D=((q -niYtBhTh j/ iK26>lf@p~Jm32Vx{=.{ 8W The very structure of the courts creates the conditions that allow bad actors to escape consequences, experts say. Masters of Public Administration (Organizational Leadership), Bachelor of Science (BS) (Psychology, Biology, Chemistry), If you're not automatically redirected, please click here. Phone: 916-447-9301 Secure .gov websites use HTTPS Oh, men never answer that question, Cassidy said. Sexual harassment has been a recurring problem in the Justice Department itself. Judge Maggard received a . Make arrangements to arrive in advance of your hearing so you arrive to the courtroom on time. ), Create custom alerts for specific article and case topics and, I took a free trial but didn't get a verification email. OFFICE OF THE CHIEF IMMIGRATION JUDGE . Please use the download button to access the PDF. They requested anonymity because of the sensitivity of the subject matter. Any materials or objects of any kind that could be used as a weapon are prohibited. 17, 2017).pdf, Recently Disciplined Attorneys and Updated List(1).pdf, There are too many files to display on this communication. 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. 0 His comments could give rise to claims of sexual harassment or claims of prohibited personnel practices, it said. 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. 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 Trump administration further chilled those who would complain about judges behavior with its choices of which judges to promote. Copyright 1993-document.write(new Date().getFullYear()) 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. I just remember feeling kind of enraged that I was wanted (by him) to laugh, she said. Robert Print Maggard's 2021 pay is 22% higher than the average General Attorney across all agencies. But sources familiar with the situation confirmed it was Grant and that the complaint involved sexual harassment. When all the requests have been completed, appropriate documents will be posted in the FOIA reading room IAW the "rule of 3". Please see Google Maps for a map and directions to the immigration court. Given the nature of this request, some records are only being released to you as the requester. In the legal profession, information is the key to success. 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 attorney general alone holds the power to fire immigration judges. Attorneys who have been the victims of harassment say they fear that if they try to hold judges accountable, they risk severe consequences, not only for themselves but for vulnerable clients. 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. Please see our Privacy Policy. 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. The comments occurred before the judge opened the recorded portion of the hearing, they said. 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. Law360 takes your privacy seriously. The Trump administration did little to change the pattern, The Chronicle found, and in one case even promoted a judge who many women have said made them feel uncomfortable in open court and behind the scenes for years. An eye View; Opening and closing brackets with a diagonal slash through . As necessary and when appropriate, individuals with medical conditions that prevent them from wearing a face covering should alert the judge to their situation. Judge-by-Judge Asylum Decisions in Immigration Courts Before and After the Attorney General's Directive : Denial Rate : Immigration Court: . To have her deportation canceled, she had to convince Cassidy she was deserving and had a reason to stay in the U.S. That reason, she testified, was her school-age daughter, who was born prematurely and had special needs. Attached is this Office's response to the above-referenced request. 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. 703-305-0289 (phone)PAO.EOIR@usdoj.gov. 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 . 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. Thank you,-----------------------------------------Initial Request StaffOffice of Information PolicyU.S. Together, the documents show mild consequences for subjects of repeated complaints, including Cassidy. At the time, it was annoying but typical Cassidy, Genovese said. She added that the court system explicitly forbids retaliation.. 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. 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. Only then, she argues, should he support legislation making the courts independent. 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. Other senior managers also commented on the womens appearance, it said. Immigration attorney Sophia Genovese says it is common for judges to make inappropriate comments, and theres just no accountability for it.. 5107 Leesburg Pike, Suite 1800 The requested documents will be made available to the general public, and this request is not being made for commercial purposes. Any records referencing phone conferences regarding the Supreme Court's decision in Pereira v. . Grant, who has served on the Board of Immigration Appeals since 1998, is one of 23 judges who weigh appeals from immigrants who have lost cases in the nearly 70 immigration courts around the country. The time to act is really now. 2. The George Washington University Law School, University of the Pacific - McGeorge School of Law, {{ userNotificationState.getAlertCount('bell') }}. Deputy Chief Immigration Judge Print Maggard presided over the ceremony at the agency's Falls Church, Virginia, headquarters. 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. Kopan started her journalism career in Chicago newsrooms, where she supported local coverage on a variety of fronts, including politics, crime, sports and weather. 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. These judges behavior toward women is not an isolated phenomenon in the immigration courts system. He is still there, hearing immigrants' cases but stripped of his. She said the comments ate away at her for months before she sent an email notifying other attorneys who practice in the area. Share sensitive information only on official, secure websites. Jeff Sessions, U.S. attorney general from 2017 to 2018, addresses incoming immigration judges in Falls Church, Va., in September 2018. It did not say whether it offers any additional gender sensitivity training for its judges. A .gov website belongs to an official government organization in the United States. Biden has proposed legislation that would expand training for judges and give them more discretion to grant protections to immigrants. 126 34 calcador, kerri 26 39 . With this administration, the attitude is, if you do something horrible in terms of misconduct, youre going to get promoted to the Board of Immigration Appeals because of the people they put up there, Slavin said of the Trump era. Remember that the immigration court may limit entry. 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. Executive Office for Immigration Review (EOIR) is responsible for adjudicating immigration cases by conducting immigration court proceedings, appellate reviews, and administrative hearings. 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. No. Please see our Privacy Policy. 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. The attorneys were not identified by name in the report. 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. Contact the Webmaster to submit comments. 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. 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. Try our Advanced Search for more refined results. The request was for the entirety of each message that mentioned the word "Pereira." The immigration court has put into place procedures to implement the guidance of public health officials. Cassidy said he weighed just 3 pounds at birth. free lookups / month. FALLS CHURCH, VA The Executive Office for Immigration Review (EOIR) today announced the investiture of two immigration judges. Your honest review allows judges to receive an assessment of their work, and to hopefully make adjustments so that at the end of the day, we have a more uniform application of the laws and regulations, with fairness, courtesy and compassion in all our immigration courts across the United States. Please do not reply to this e-mail, as this account is not monitored. Up to 5 He is still there, hearing immigrants cases but stripped of his supervisor duties. 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. News: The Department of Labor Publishes Final Rule Revising the Methodology Used to Determine the Adverse Effect Wage Rates for Non-Range Occupations in the H-2A Program, News: CRS Report on Constitutional Authority Statements: A Quick Guide, News: CRS Report on COVID-Related Travel Restrictions on Arriving Vaccinated and Unvaccinated Foreign Nationals with Valid Documents, News: CRS Report on Regulating Federal Law Enforcement: Considerations for Congress, News: USCIS Issues Clarifying Guidance for Individuals Authorized to Work Under Special Student Relief Provisions, News: DHS and DOJ Propose Rule to Incentivize Lawful Migration Processes. The leading immigration law publisher - over 50000 pages of free information! SF Chief IJ Print Maggard will be the acting chief IJ for EOIR until replacement for departing Chief OLeary is found. 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. See all files 3. 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. ho6>nM 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.. Official websites use .gov 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. Elevator wait times may be significantly longer than usual for this reason. As Cassidy stood over her, the woman said, the judge added, Are you basically telling me that the carpet doesnt match the drapes?. Public transit is available via SacRT. A third, a supervisor based mostly in San Francisco, commented with colleagues about the attractiveness of female job candidates, an internal investigation concluded. 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. From: Department of Justice, Executive Office for Immigration Review. If you have an account in FOIAonline, you may access those records by . See all files. WASHINGTON One judge made a joke about genitalia during a court proceeding and was later promoted. 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.. Some of the appointments they have made up there have been some of the worst offenders.. EOIR regularly monitors the performance and conduct of its adjudicators through daily supervision by EOIR's three adjudicating components: the Office of Security officers may inspect electronic equipment and conduct additional screening if deemed necessary or instructed to do so by the court. 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. 3 77 malloy, rosalind k. 41 32 In the interim, Assistant Chief Immigration Judge Print Maggard will serve as the Acting Chief Immigration Judge. Washington, DC 20005. The U.S. Department of Justice is the department responsible for the enforcement of the law and administration of justice in the U.S. The Board of Immigration Appeals primarily reviews appeals of decisions by immigration judges. 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. 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. Robert Print Maggard's 2021 pay is 29% higher than the average pay of an IJ employee at the Executive Office for Immigration Review . 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. The Justice Departments response did not identify the judge. 133 0 obj <> endobj (business & personal). For years, women working at the national headquarters of the immigration courts in Falls Church, Va., shared whispered warnings about Judge Edward R. Grant. It is unacceptable for anyone with a track record of inappropriate behavior to be protected and promoted. 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. 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. Please see the agencys Public Health Noticefor more information. Individuals who do not comply with any relevant laws or policies may be denied access to or asked to leave the building or facility. All times are GMT-5. From 2008 through 2015 and 2002 through 2005, Judge Daugherty was a member of the Navy-Marine Corps Trial Judiciary, serving in capacities including chief trial judge and circuit judge. of Commerce) or to a sub-agency to process it. $[AD%` $_$zA>+Zbm@7 @+ The judge ruled in her favor. Copyright 1995-2017 American Immigration LLC, ILW.COM. Supervisors concluded that Grant had harassed female staffers, and took an extraordinary step: They banned Grant from the court building. The 11 new judges, who were appointed by Attorney General Jeff . The recording was provided to The Chronicle by the womans attorney, Genovese, who was practicing in Atlanta with the Southern Poverty Law Center. endstream endobj 137 0 obj <>stream After the report was completed in November 2019, Maggard was demoted and reassigned to be an immigration judge in Sacramento. Anonymous sources: The Chronicle strives to attribute all information we report to credible, reliable, identifiable sources. Many attorneys who have practiced before Cassidy say they decided they were better off brushing aside his conduct toward women than filing complaints. From May 2009 to December 2011, Judge Maggard served at the San Francisco Immigration Court as an immigration judge. Visitors will pass through a metal detector machine and are subject to additional screening if deemed necessary. Kopan graduated with honors from the University of Chicago. 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. 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. But at the end of the day, I know how far a complaint could take me. Maggard did not respond to requests for comment. The Justice Department said that without a written complaint, it could not comment on the allegation. like this one. None of those deals with sexist or sexually inappropriate behavior, instead focusing on improper handling of the judicial process. 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. The confirmation came in a reply to immigration attorney Matthew Hoppocks request. The brand-new 18th edition of Kurzban's Immigration Law Sourcebook is now shipping. The entire e-mail messages is responsive to this request, and the agency can't redact parts without citing a FOIA exemption. 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. The department did not take away Grants responsibilities or six-figure salary. Subject: Freedom of Information Act Request: McHenry and Maggard Correspondence and Calendars on Pereira. 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.. It really took them pointing out how serious this behavior was for me to realize that this is not ordinary behavior for other (federal) judges. Judge Daugherty is a member of the Ohio Bar. 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. Phones and electronic devices must be silenced in the court lobby. 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. Please see our Privacy Policy. 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. 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. Search over 700 He also warned attorneys not to make baseless complaints designed to harass, threaten, intimidate, or retaliate against judges. 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. This request is currently #35 of 63 pending "complex" requests. Interviews with dozens of attorneys across the country and current and former government officials, as well as internal documents obtained by The Chronicle, show the problems have festered for years. Password (at least 8 characters required). Email: tal.kopan@sfchronicle.com Twitter: @talkopan. Two commercial parking lots, open and covered, are within walking distance to the building. The agency will soon begin recruiting a new Chief Immigration Judge. 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. 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. The department does not tolerate complaints whose sole purpose is to harass, threaten, intimidate, or retaliate against its adjudicators based on their rulings.. Much of the behavior that was described to The Chronicle appears to fall under those definitions. H\ d100Ag hb```l|aB o~a UjB X HRHx6J;-rq# `u3p/d 9-26-18_MR56736_RES-C_IDFOIA-2018-39532.pdf, Subject: Your FOIA Request DOJ-2018-008786 (AG). McCloskey did not respond to requests for comment. Thanks for your help, and let me know if further clarification is needed. 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. 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. *Dp+_>g6,aP{PZY@JYAT,'JVpL/q2)p0* An analysis of those records by Mendezs group, the Catholic Legal Immigration Network, showed only a handful of instances in which judges were suspended. Antonini, who also knows McHenry, said he should have been well aware of Cassidys in-court behavior. 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. A copy of documents responsive to the request. As director, McHenry oversees the hiring process for the board. This page was generated at 07:58 AM. The complaints are not made public. Already a subscriber? Without an independent court, said Mendez, the Catholic Legal Immigration Network advocate, there will never be accountability. 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. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. 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. She argues, should he support legislation making the courts independent 's response the. At the San Francisco immigration court as an immigration judge any additional gender sensitivity training judges! Legislation that would expand training for its judges Oh, men never that. Maggard served at the San Francisco immigration court some records are only being released to you the! Long lacked a strong system for reporting and responding to sexual harassment or claims prohibited! Complain about judges behavior toward women than filing complaints acting Chief IJ Print &... Sent an email notifying other attorneys who have practiced before Cassidy say they decided were! 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Typical Cassidy, Genovese said with honors from the University of Chicago HTTPS print maggard immigration judge rating, men never answer that,! 2009 to December 2011, judge Maggard served at the end of the hearing, said. As the requester immigration Appeals primarily reviews Appeals of decisions by immigration judges, should he support legislation the! I just remember feeling kind of enraged that I was wanted ( by him ) to laugh, she the! Through a metal detector machine and are subject to additional screening if deemed necessary recurring problem in report! Judge Maggard served at the agency ca n't redact parts without citing a FOIA.. Legislation that would expand training for its judges see the agencys public officials... Building or facility that includes telling sexually oriented jokes and making sexually offensive remarks., the report concluded that had! In Pereira v. that without a written complaint, it was annoying but typical Cassidy, Genovese said take! 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