of Commerce) or to a sub-agency to process it. FALLS CHURCH, VA - The Executive Office for Immigration Review (EOIR) today announced the investiture of two immigration judges. Face coverings may be required in the courtroom if directed by the presiding immigration judge. Many e-mail messages are redacted in part with the text "not a responsive record." 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.. As director, McHenry oversees the hiring process for the board. Robert Print Maggard's 2021 pay is 29% higher than the average pay of an IJ employee at the Executive Office for Immigration Review . He is still there, hearing immigrants cases but stripped of his supervisor duties. 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. 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. Secure .gov websites use HTTPS (business & personal). MuckRock users can file, duplicate, track, and share public records requests Law360 takes your privacy seriously. Other attorneys recalled judges who minimized domestic violence while questioning asylum seekers, or suggested that married women could not be raped by their husbands. 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 . Security officers may inspect electronic equipment and conduct additional screening if deemed necessary or instructed to do so by the court. Try our Advanced Search for more refined results. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not. This is normally due to the referral being transferred to another agency (for example, EPA to Dept. Instead, the report concluded that Maggard exhibited poor judgment and should have avoided such behavior. 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.. 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. Want the latest investigative and FOIA news? You have to know whats happening with clients, competitors, practice areas, and industries. Maggard did not respond to requests for comment. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. 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. He was demoted and transferred to a courtroom in Sacramento. The judges behavior appears to violate the departments conduct policies and raises questions about the immigration courts ability to function fairly. And when such behavior has come to its attention, the department has in some instances simply transferred the offenders elsewhere. This is normally due to the consultation being transferred to another agency (for example, EPA to Dept. Biden has proposed legislation that would expand training for judges and give them more discretion to grant protections to immigrants. Attorney General H. Eric Holder Jr. appointed Judge Daugherty to begin hearing cases in November 2015. Please review only once unless you have a new experience with this judge. EOIR's Office of the Chief Administrative Hearing Officer adjudicates immigration-related employment cases. 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. The immigration court has put into place procedures to implement the guidance of public health officials. If instructed to sit in a particular location, do not switch seats. 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. Immigration Court Backlog and Reprioritization, AILAs Immigration Law Practice & Procedure Manual, EOIR Announces that Chief Immigration Judge Is Stepping Down. Chronicle investigation: U.S. Justice Department lacks strong harassment oversight for judges, Lauren Lancaster / Special to The Chronicle, Lynsey Weatherspoon / Special to The Chronicle, 11 complaints have been filed about Cassidy, complaint alleging violations of immigrants rights, close enough that they corresponded personally, Your Privacy Choices (Opt Out of Sale/Targeted Ads). Password (at least 8 characters required). Kopan started her journalism career in Chicago newsrooms, where she supported local coverage on a variety of fronts, including politics, crime, sports and weather. Copyright 1993-document.write(new Date().getFullYear()) They requested anonymity because of the sensitivity of the subject matter. The Chronicle found examples across the country of judges who have made sexual jokes or who habitually made attorneys or staff uncomfortable in the courtroom. 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. 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. 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. All I remember is him just laughing like he had made a funny comment that we should all think is funny.. But that leaves Biden with a problem, they add: Does he reform the system to be independent of political influence, or does he use his political control over it to clean it up? 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. Sign up for a free account. Jeff Sessions, U.S. attorney general from 2017 to 2018, addresses incoming immigration judges in Falls Church, Va., in September 2018. like this one. 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. As necessary and when appropriate, individuals with medical conditions that prevent them from wearing a face covering should alert the judge to their situation. Cassidy said he weighed just 3 pounds at birth. It said substantiated allegations will be treated seriously and consistently result in formal discipline up to dismissal.. 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. Immigration attorney Sophia Genovese says it is common for judges to make inappropriate comments, and theres just no accountability for it.. %%EOF 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. H|TQo0~W= cTUjVjRHPv~wp||g>9Y7uQpr}Qn{XE-FY+ J8-LXm+.:r)vhPA];H,X#ABWu0(%(@iDc0m? Truslow, who said it was her first hearing on the job, was furious. endstream endobj startxref 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). This request is currently #35 of 63 pending "complex" requests. 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. She said the agency takes allegations of misconduct seriously and that anyone with a valid complaint should file it. 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. Any materials or objects of any kind that could be used as a weapon are prohibited. Antonini, who also knows McHenry, said he should have been well aware of Cassidys in-court behavior. A complaint process thats not transparent loses about 90% of its utility, Slavin said. 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. How long was I? 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. The judge ruled in her favor. His comments could give rise to claims of sexual harassment or claims of prohibited personnel practices, it said. It is an ever-present buzz. Search over 700 The leading immigration law publisher - over 50000 pages of free information! 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. of Commerce) or to a sub-agency to process it. ( 0 Judge Daugherty is a member of the Ohio Bar. 9-26-18_MR56736_RES-C_IDFOIA-2018-39532.pdf, Subject: Your FOIA Request DOJ-2018-008786 (AG). 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. Nichole Rodriguez - email: nichole.rodriguez@usdoj.gov, Jonathan W. Hitesman, Assistant Chief Immigration Judge, John Moss Federal Building Visitors must not bring any cameras, video or recording equipment. 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. Maggard, Print: 86-47.7: Other courts (by base city): Arlington: Crosland, David W. 184-31.0: Churchill, Joan V. 257: 75.9-Malphrus, Garry D. 322: In the early 2010s, a womans complaint about Grants behavior caught the attention of then-President Barack Obamas director of the immigration courts, who opened an investigation. 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. 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. But in practice, there is little to prevent judges from retaliating against someone who complains, attorneys say. There is no parking available in the John E. Moss Federal Building for the general public. The department said all of its employees complete mandatory sexual harassment and misconduct awareness training. 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 The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice. But she said the Trump administration focused on different priorities namely, speeding up deportation cases and limiting immigrants ability to win asylum. It said the earlier complaints against Cassidy did not include allegations of harassment and showed no evidence he has engaged in serial misconduct.. By Beth Winegarner (July 15, 2015, 7:25 PM EDT) -- Chief Immigration Judge Brian M. O'Leary is stepping down from his post after six years and will return to the bench in the Arlington Immigration Court, the U.S. Department of Justice announced Wednesday. Access to case data within articles (numbers, filings, courts, nature of suit, and more. The Justice Department has long lacked a strong system for reporting and responding to sexual harassment and misconduct. 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. As the woman sniffled audibly, Cassidy told her he had bonded with her over the story, as he also was born prematurely. Please let me know when I can expect to receive a response, or if further clarification is needed. 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 U.S. Department of Justice is the department responsible for the enforcement of the law and administration of justice in the U.S. Copyright Rate Your Immigration Judge 2023. 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 entire e-mail messages is responsive to this request, and the agency can't redact parts without citing a FOIA exemption. Complaints about immigration judges are not made public. 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. I just remember feeling kind of enraged that I was wanted (by him) to laugh, she said. All times are GMT-5. 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). The time to act is really now. 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. For years, women working at the national headquarters of the immigration courts in Falls Church, Va., shared whispered warnings about Judge Edward R. Grant. Judge Maggard received a . He also warned attorneys not to make baseless complaints designed to harass, threaten, intimidate, or retaliate against judges. 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. Law360 provides the intelligence you need to remain an expert and beat the competition. ]], [This functionality does not work on your device. Learn more. 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. Judge-by-Judge Asylum Decisions in Immigration Courts Before and After the Attorney General's Directive : Denial Rate : Immigration Court: . Please use the download button to access the PDF. Attorneys say Cassidys behavior should not have been a secret to the Justice Department. Kopan graduated with honors from the University of Chicago. She said the Trump administration further chilled those who would complain about judges behavior with its choices of which judges to promote. Individuals who do not comply with any relevant laws or policies may be denied access to or asked to leave the building or facility. The Chronicle's detailed policy governing the use of such sources, including the use of pseudonyms, is available on SFChronicle.com. 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 The Chronicles reporting showed little sign of improvement in practice. Learn how to tackle challenges like finding and retaining affordable staff, working better in a hybrid or remote environment, when and how to raise fees, and much more. 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. I look forward to receiving your response to this request within 20 business days, as the statute requires. A separate PDF reading app may be necessary. No credit card required. He is still there, hearing immigrants' cases but stripped of his. Subject: FW: status inquiry by MuckRock FOIA#2018-37357. The immigration courts do have a system for reporting complaints. Thank you,-----------------------------------------Initial Request StaffOffice of Information PolicyU.S. [[To print the PDF on this page please use the print function in the PDF reader. 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. Creating an independent immigration court seems to me like a no-brainer, Lofgren said at a hearing in January 2020. 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. Begin hearing cases in November 2015 be required in the courtroom if directed the! Clarification is needed secure.gov websites use HTTPS ( business & personal ) valid complaint should it. Truslow, who also knows McHenry, said he should have been a secret to the consultation being to. 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