It is unacceptable for anyone with a track record of inappropriate behavior to be protected and promoted. It declined to say whether the others who participated in the conversations with Maggard were identified or faced consequences. Copyright 1995-2017 American Immigration LLC, ILW.COM. 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. 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). 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. Much of the behavior that was described to The Chronicle appears to fall under those definitions. 133 0 obj <> endobj Maggard did not respond to requests for comment. of Commerce) or to a sub-agency to process it. None complained in writing to the Justice Department, saying they feared it would result only in the judge being angry at them and taking that anger out on their clients. Learn more. Grant issues his rulings without seeing the inside of a courtroom. EOIR is committed to ensuring fairness in all of the cases it adjudicates. Oh, men never answer that question, Cassidy said. Many e-mail messages are redacted in part with the text "not a responsive record." 0 You have to know whats happening with clients, competitors, practice areas, and industries. JugePrint was appointed as a DCIJ in November 2015. Please review only once unless you have a new experience with this judge. Pursuant to the Freedom of Information Act, I hereby request the following records: 1. Together, the documents show mild consequences for subjects of repeated complaints, including Cassidy. Please take note of the information below and be prepared to follow these and any additional instructions provided to you when you arrive for your hearing. Sign up for a free account. Similar Profiles. 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. The Office of the Chief Immigration Judge (OCIJ) is headed by the Chief Immigration . A .gov website belongs to an official government organization in the United States. Contact the Court Hours: Opening for Filings Only Court Hours: 8 a.m. - 4:30 p.m. Its quite literally a Sophies choice that should never happen in the American legal system.. SF Chief IJ Print Maggard will be the acting chief IJ for EOIR until replacement for departing Chief OLeary is found. The department said it could not comment on the incidents raised to The Chronicle because the attorneys involved did not file complaints. 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? 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. 9-26-18_MR56736_RES-C_IDFOIA-2018-39532.pdf, Subject: Your FOIA Request DOJ-2018-008786 (AG). 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. Other judges may have been fired, but the department does not separate firings from retirements or resignations in its data. Given the nature of this request, some records are only being released to you as the requester. AILAs Advocacy Action Center allows you to advocate for legislative and policy reforms consistent with AILAs principles and priorities. From May 2009 to December 2011, Judge Maggard served at the San Francisco Immigration Court as an immigration judge. The sources declined to talk on the record because of the sensitivity of the subject matter. As necessary and when appropriate, individuals with medical conditions that prevent them from wearing a face covering should alert the judge to their situation. In another instance, an attorney told The Chronicle she was reviewing a case file in the court offices when Cassidy walked up and began chatting with her. The leading immigration law publisher - over 50000 pages of free information! 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 credit card required. The 11 new judges, who were appointed by Attorney General Jeff . They requested anonymity because of the sensitivity of the subject matter. Want the latest investigative and FOIA news? It never really got me anywhere, and it created enemies.. Department of Justice, Executive Office for Immigration Review, https://www.foiaonline.gov/foiaonline/action/public/home. She said the agency takes allegations of misconduct seriously and that anyone with a valid complaint should file it. The time to act is really now. Five led to counseling by Cassidys bosses on how he should conduct himself. Although the supervisors name was blacked out, multiple sources familiar with the contents of the report confirmed it was Print Maggard. ), Create custom alerts for specific article and case topics and, I took a free trial but didn't get a verification email. She said the Trump administration further chilled those who would complain about judges behavior with its choices of which judges to promote. 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). Search the AILALink database for all your practice needsstatutes, regs, case law, agency guidance, publications, and more. 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.. 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.. immigration judge grants denials burgess, abraham l. 0 1 burke, david 43 157 burkhart, margaret d. 9 12 burman, lawrence o. This is normally due to the consultation being transferred to another agency (for example, EPA to Dept. 148 0 obj <>/Filter/FlateDecode/ID[<3549AA37C8F46F47AE7517178E7B1A60>]/Index[133 29]/Info 132 0 R/Length 79/Prev 39710/Root 134 0 R/Size 162/Type/XRef/W[1 2 1]>>stream 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. 126 34 calcador, kerri 26 39 . 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. Already a subscriber? A complaint process thats not transparent loses about 90% of its utility, Slavin said. Law360 takes your privacy seriously. Anonymous sources: The Chronicle strives to attribute all information we report to credible, reliable, identifiable sources. 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. Secure .gov websites use HTTPS Nearly a dozen attorneys who have argued cases before him since the 1990s told The Chronicle that his behavior was frequently inappropriate. Kopan started her journalism career in Chicago newsrooms, where she supported local coverage on a variety of fronts, including politics, crime, sports and weather. 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. I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on June 24, 2018. He also warned attorneys not to make baseless complaints designed to harass, threaten, intimidate, or retaliate against judges. free lookups / month. OFFICE OF THE CHIEF IMMIGRATION JUDGE . A joint initiative between the American Immigration Council and AILA seeks to change the playing field for immigrants facing deportation. Additionally, the court may have to unexpectedly close due to inclement weather or another emergency. This is normally due to the referral being transferred to another agency (for example, EPA to Dept. hb```l|aB o~a UjB X HRHx6J;-rq# `u3p/d hbbd``b`Z After the report was completed in November 2019, Maggard was demoted and reassigned to be an immigration judge in Sacramento. Justice Department data shows the administration dismissed more complaints against judges than its predecessor. Any records referencing phone conferences regarding the Supreme Court's decision in Pereira v. Sessions from June 21, 2018 to the date this FOIA request is processed. 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 Remember that the immigration court may limit entry. I look forward to receiving your response to this request within 20 business days, as the statute requires. Please see our Privacy Policy. 703-305-0289 (phone)PAO.EOIR@usdoj.gov. 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. 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. 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. These judges behavior toward women is not an isolated phenomenon in the immigration courts system. No complaints resulted in formal discipline in 2017, 2018 or 2020, and 5% or fewer did other years. EOIR's immigration judges conduct administrative court proceedings in immigration courts located throughout the nation. :.bCI*|p=5-T?n69e$[%iml!. 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. About the Immigration Judge Juge Print was appointed as a DCIJ in November 2015. The Justice Department has long lacked a strong system for reporting and responding to sexual harassment and misconduct. 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.. The Justice Departments response did not identify the judge. Supervisors concluded that Grant had harassed female staffers, and took an extraordinary step: They banned Grant from the court building. 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 new immigration judges, along with their 19 colleagues who were invested in June, strengthen our immigration judge corps and will help our agency work towards decreasing our current backlog of more than 450,000 pending cases., Daniel J. Daugherty, Immigration Judge, Las Vegas Immigration Court. 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. The agency will soon begin recruiting a new Chief Immigration Judge. Hoppock, who practices in Kansas City, Mo., frequently files requests for information from immigration agencies, which he then makes public. 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. The calendars for Print Maggard and James McHenry for the month of June, 2018. The Justice Department has long lacked a strong system for reporting and responding to sexual harassment and misconduct. Cassidy said he weighed just 3 pounds at birth. Kopan graduated with honors from the University of Chicago. Two commercial parking lots, open and covered, are within walking distance to the building. In the interim, Assistant Chief Immigration Judge Print Maggard will serve as the Acting Chief Immigration Judge. I just remember feeling kind of enraged that I was wanted (by him) to laugh, she said. 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. Subject: Freedom of Information Act Request: McHenry and Maggard Correspondence and Calendars on Pereira. The redactions in these e-mail messages are improper because most do not cite any valid exemption under the FOIA. The brand-new 18th edition of Kurzban's Immigration Law Sourcebook is now shipping. There are too many files to display on the request page. It said substantiated allegations will be treated seriously and consistently result in formal discipline up to dismissal.. This request is currently #35 of 63 pending "complex" requests. ]], [This functionality does not work on your device. Biden has proposed legislation that would expand training for judges and give them more discretion to grant protections to immigrants. From: Department of Justice, Executive Office for Immigration Review. The National Association of Immigration Judges said it supports an overhaul of the departments complaint process. In those roles, he appeared in numerous cases before Cassidy. Make arrangements to arrive in advance of your hearing so you arrive to the courtroom on time. Waiting times to enter the building and EOIR space may be significantly longer than usual. . The Biden White House did not immediately respond to a request for comment. Print Maggard's Email & Phone Number Immigration Judge @ U.S. Department of Justice Location San Francisco, California, United States Work Immigration Judge @ u.s. Department of Justice Deputy Chief Immigration Judge @ u.s. Department of Justice Assistant Chief Immigration Judge @ u.s. Department of Justice see more Education 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. How long was I? He was demoted and transferred to a courtroom in Sacramento. Please remember this while choosing to enter an elevator. 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. All times are GMT-5. 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. ` v# As the woman sniffled audibly, Cassidy told her he had bonded with her over the story, as he also was born prematurely. 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. Hoppock shared the response with The Chronicle. Subject: FOIA Appeal DOJ-AP-2019-000724 Submitted, This message is to notify you of a new appeal submission to the FOIAonline application. 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. 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. From July 2006 . like this one. 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. Other senior managers also commented on the womens appearance, it said. 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. 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. Please see our Privacy Policy. 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. 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. An acknowledgement letter, stating the request is being processed. All Rights Reserved, Review and comment based on your own experience. Maggard did commit clear personnel misconduct, the investigators concluded. U.S. Creating an independent immigration court seems to me like a no-brainer, Lofgren said at a hearing in January 2020. 650 Capitol Mall, Suite 4-200 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. The judges behavior appears to violate the departments conduct policies and raises questions about the immigration courts ability to function fairly. Attorney General Loretta E. Lynch appointed Judge Simpson to begin hearing cases in November 2015. All I remember is him just laughing like he had made a funny comment that we should all think is funny.. Truslow, who said it was her first hearing on the job, was furious. 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. Social distancing (maintaining a distance of six feet from those with whom you do not live) is required. 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. The agency will soon begin recruiting a new Chief Immigration Judge. One former top supervisor who oversaw immigration judges in the court system made sexual jokes and talked with colleagues about whether female judge candidates were attractive, the report found. The Chronicle spoke with three people who confirmed the attorney shared the story with them shortly after it happened. 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 found examples across the country of judges who have made sexual jokes or who habitually made attorneys or staff uncomfortable in the courtroom. logging into FOIAonline (https://www.foiaonline.gov/foiaonline/action/public/home), Hoppock, Matthew, AP-2019-000724, Appeal response letter, Recently Disciplined Attorneys and Updated List (2).pdf, RE_ Recently Disciplined Practitioners, Reinsta.pdf, Detail Opportunities - Las Vegas and Florence.pdf, SPECIAL WORK OPPORTUNITY - BIA Precedent Committee.pdf, Detail Opportunity - Las Vegas (new dates) and .pdf, Recently disciplined attorneys and updated list(5).pdf, Recently Disciplined Practitioners, Reinstated (12).pdf, Recently Disciplined Practitioners, Reinstated (8).pdf, Special Work Opportunity - IJs to Adjudicate Attorney Discipline Cases.pdf, Special Work Opportunity - R&A Cases (On Behalf of CIJ Keller).pdf, Recently Disciplined Attorneys and Updated List(2).pdf, Recently disciplined attorneys and updated list(4).pdf, Atty Discipline Chart Primary (2) email attachment 1-25-18 .pdf, Recently disciplined attorneys and updated list(8).pdf, Supreme Court Published - Sessions v. Morales-Santana.pdf, Special Work Opportunity - New Immigration Judge Training - September 22, 2017 Deadline.pdf, Recently disciplined attorneys and updated list(7).pdf, Special Work Opportunity - survey committee.pdf, Training Topics - New Immigration Judge Traini- email attachment. And comment based on your device should conduct himself to sexual harassment and misconduct from retirements resignations! Those definitions departments complaint process that was described to the Chronicle appears violate... For Immigration Review he weighed just 3 pounds at birth resignations in its data, practice areas, 5! Foiaonline application hearing so you arrive to the consultation being transferred to another agency ( for,. Judges and give them more discretion to grant protections to immigrants was appointed as a DCIJ in November.... Treated seriously and that anyone with a valid complaint should file it to grant protections to immigrants,! 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