The Office of Personnel Management publishes a list of the observed dates of every federal holiday by year online at this link: OPM holidays. 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. He is still there, hearing immigrants' cases but stripped of his. This is normally due to the consultation being transferred to another agency (for example, EPA to Dept. 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. There is no parking available in the John E. Moss Federal Building for the general public. Grant issues his rulings without seeing the inside of a courtroom. 0 He received a bachelor of arts degree in 1982 from Western Kentucky University; a masters of public administration in 1987 from Golden Gate University; Deputy Chief Immigration Judge Print Maggard presided over the ceremony at the agency's Falls Church, Virginia, headquarters. I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on June 24, 2018. Case documents are sent to and from Grants home, multiple sources familiar with the situation told The Chronicle. 3. Please use the download button to access the PDF. 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.. The department does not tolerate complaints whose sole purpose is to harass, threaten, intimidate, or retaliate against its adjudicators based on their rulings.. The woman asked how long he was. The Chronicle spoke with three people who confirmed the attorney shared the story with them shortly after it happened. 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. Other senior managers also commented on the womens appearance, it said. . McCloskey did not respond to requests for comment. 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. 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 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. How long was I? 5107 Leesburg Pike, Suite 1800 OFFICE OF THE CHIEF IMMIGRATION JUDGE . 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. Please let me know when I can expect to receive a response, or if further clarification is needed. He was demoted and transferred to a courtroom in Sacramento. AILA Doc. 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. Password (at least 8 characters required). EOIR regularly monitors the performance and conduct of its adjudicators through daily supervision by EOIR's three adjudicating components: the Office of 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. 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. AILALink puts an entire immigration law library at your fingertips! endstream endobj 134 0 obj <>/Metadata 13 0 R/PageLayout/OneColumn/Pages 131 0 R/StructTreeRoot 17 0 R/Type/Catalog>> endobj 135 0 obj <>/ExtGState<>/Font<>/XObject<>>>/Rotate 0/StructParents 0/Type/Page>> endobj 136 0 obj <>stream %%EOF Secure .gov websites use HTTPS An eye View; Opening and closing brackets with a diagonal slash through . 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. Get contact details including emails and phone numbers The time to act is really now. 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. 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.. American Immigration Lawyers Association. At the time, it was annoying but typical Cassidy, Genovese 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. Please do not reply to this e-mail, as this account is not monitored. 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). But at the end of the day, I know how far a complaint could take me. %PDF-1.5 % EOIR's Office of the Chief Administrative Hearing Officer adjudicates immigration-related employment cases. 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. The department said it could not comment on the incidents raised to The Chronicle because the attorneys involved did not file complaints. No. The leading immigration law publisher - over 50000 pages of free information! $[AD%` $_$zA>+Zbm@7 @+ 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 . As Cassidy stood over her, the woman said, the judge added, Are you basically telling me that the carpet doesnt match the drapes?. Robert P. "Print" Maggard, Immigration Judge Judge Maggard was appointed as an immigration judge in April 2009. 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. Please remember this while choosing to enter an elevator. An immigration judge might retaliate against the advocate by punishing her clients and these are people fleeing persecution, rape and even death, Mendez said. FALLS CHURCH, VA The Executive Office for Immigration Review (EOIR) today announced the investiture of two immigration judges. As director, McHenry oversees the hiring process for the board. To maintain appropriate social distancing and best facilitate hearings, you may be asked to move or leave a particular area. She said she recoiled at the joke, but didnt find it out of the ordinary for Cassidy. 703-305-0289 (phone)PAO.EOIR@usdoj.gov. immigration judge grants denials burgess, abraham l. 0 1 burke, david 43 157 burkhart, margaret d. 9 12 burman, lawrence o. Antonini, who also knows McHenry, said he should have been well aware of Cassidys in-court behavior. FALLS CHURCH, VA - The Executive Office for Immigration Review (EOIR) today announced the investiture of two immigration judges. 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.. of Commerce) or to a sub-agency to process it. 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. 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.. Some complaints are never shared in detail with the judge, and those who file them are not told the outcome. AILA.org should not be relied upon as the exclusive source for your legal research. He wasnt alone, they added: We concluded that he participated in conversations in which other senior managers commented on the attractiveness of female job candidates.. Phone: 916-447-9301 In the interim, Assistant Chief Immigration Judge Print Maggard will serve as the Acting Chief Immigration Judge. 3 77 malloy, rosalind k. 41 32 Any materials or objects of any kind that could be used as a weapon are prohibited. 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. It declined to say whether the others who participated in the conversations with Maggard were identified or faced consequences. The judges behavior appears to violate the departments conduct policies and raises questions about the immigration courts ability to function fairly. Copyright Rate Your Immigration Judge 2023. RjK {02]s)c\P+P`7_pac ;a PE. The judge ruled in her favor. 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. 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? But investigators wrote in the full report that they substantiated such allegations against Maggard and other supervisors. 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. Otherwise, those responsive records will be sent via the method agreed upon with the FOIA processor. The entire e-mail messages is responsive to this request, and the agency can't redact parts without citing a FOIA exemption. Visitors must not bring any cameras, video or recording equipment. 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 confirmation came in a reply to immigration attorney Matthew Hoppocks request. The comments occurred before the judge opened the recorded portion of the hearing, they said. 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. 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. The very structure of the courts creates the conditions that allow bad actors to escape consequences, experts say. For years, women working at the national headquarters of the immigration courts in Falls Church, Va., shared whispered warnings about Judge Edward R. Grant. Data for the latter two years was posted online after The Chronicle inquired why reporting had stopped after 2018. Search over 700 Responsive records have been located and are being reviewed for release. The department said all of its employees complete mandatory sexual harassment and misconduct awareness training. The immigration courts are housed within the Justice Department, meaning the judges are hired directly by the attorney general, a political appointee with a policy agenda. Falls Church, VA 22041 Masters of Public Administration (Organizational Leadership), Bachelor of Science (BS) (Psychology, Biology, Chemistry), If you're not automatically redirected, please click here. ]], [This functionality does not work on your device. 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. In the legal profession, information is the key to success. It is unacceptable for anyone with a track record of inappropriate behavior to be protected and promoted. 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. ), Create custom alerts for specific article and case topics and, I took a free trial but didn't get a verification email. 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. A third, a supervisor based mostly in San Francisco, commented with colleagues about the attractiveness of female job candidates, an internal investigation concluded. The attorneys were not identified by name in the report. 650 Capitol Mall, Suite 4-200 Grant did not respond to requests for comment. 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. The department did not take away Grants responsibilities or six-figure salary. ho6>nM Without an independent court, said Mendez, the Catholic Legal Immigration Network advocate, there will never be accountability. For information regarding procedures for practice before the immigration courts, please see the Immigration Court Practice Manual. As necessary and when appropriate, individuals with medical conditions that prevent them from wearing a face covering should alert the judge to their situation. Holidays and Emergencies: The immigration court is open Monday to Friday except for federal holidays. Two commercial parking lots, open and covered, are within walking distance to the building. Attorneys say Cassidys behavior should not have been a secret to the Justice Department. The requested documents will be made available to the general public, and this request is not being made for commercial purposes. AILAs Advocacy Action Center allows you to advocate for legislative and policy reforms consistent with AILAs principles and priorities. She said the Trump administration further chilled those who would complain about judges behavior with its choices of which judges to promote. Complaints about immigration judges are not made public. *Dp+_>g6,aP{PZY@JYAT,'JVpL/q2)p0* The agency will soon begin recruiting a new Chief Immigration Judge. 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. JugePrint was appointed as a DCIJ in November 2015. An acknowledgement letter, stating the request is being processed. hbbd``b`Z 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. Immigration Court Backlog and Reprioritization, AILAs Immigration Law Practice & Procedure Manual, EOIR Announces that Chief Immigration Judge Is Stepping Down. Judge-by-Judge Asylum Decisions in Immigration Courts Before and After the Attorney General's Directive : Denial Rate : Immigration Court: . Only then, she argues, should he support legislation making the courts independent. These judges behavior toward women is not an isolated phenomenon in the immigration courts system. 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. Law360 provides the intelligence you need to remain an expert and beat the competition. The agency will soon begin recruiting a new Chief Immigration Judge. 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. 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. 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. But making the courts independent would keep the Biden administration from directly changing the system, including firing bad-actor judges. The immigration courts do have a system for reporting complaints. 1331 G Street NW, Suite 300 Immigration attorney Sophia Genovese says it is common for judges to make inappropriate comments, and theres just no accountability for it.. endstream endobj startxref 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 Biden White House did not immediately respond to a request for comment. A copy of documents responsive to the request. From: Department of Justice, Executive Office for Immigration Review. All times are GMT-5. Please find attached this Office's acknowledgment of the above-referenced request. She said the situation improved in recent years as more supervising judges were placed in the regions they oversee. 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 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 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. Tal Kopan is the Washington Correspondent for The San Francisco Chronicle. No complaints resulted in formal discipline in 2017, 2018 or 2020, and 5% or fewer did other years. Search the AILALink database for all your practice needsstatutes, regs, case law, agency guidance, publications, and more. 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.. The George Washington University Law School, University of the Pacific - McGeorge School of Law, {{ userNotificationState.getAlertCount('bell') }}. After the report was completed in November 2019, Maggard was demoted and reassigned to be an immigration judge in Sacramento. 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. 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. I look forward to receiving your response to this request within 20 business days, as the statute requires. Rate Your Immigration Judge is an important source of information for other immigrants and their attorneys, but also for the immigration judges. MuckRock is a non-profit collaborative news site that gives you the tools to keep our government transparent and accountable. Even when Im saying it now, I feel like Im starting to get red in the face, the attorney said. The National Association of Immigration Judges said it supports an overhaul of the departments complaint process. The Justice Department has long lacked a strong system for reporting and responding to sexual harassment and misconduct. 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. Robert Print Maggard's 2021 pay is 29% higher than the average pay of an IJ employee at the Executive Office for Immigration Review . All correspondence mentioning "Pereira" to or from James McHenry or Print Maggard. 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. 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. 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). 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. As the woman sniffled audibly, Cassidy told her he had bonded with her over the story, as he also was born prematurely. You had assigned it reference number #2018-37357. Metered street parking is nearby. Sacramento, CA 95814. About the Court | Contact the Court | Public Health | Immigration Court Procedures | Helpful Links, Internet-Based Hearings Access Information. 17, 2017).pdf, Recently Disciplined Attorneys and Updated List(1).pdf, There are too many files to display on this communication. By Kelly Knaub (June 19, 2017, 5:19 PM EDT) -- The Executive Office for Immigration Review has sworn in 11 new immigration judges who will be hearing cases in California, Florida, Georgia, Illinois, Louisiana, New Jersey, Texas, Utah and Virginia, the immigration agency announced on Friday. Access to case data within articles (numbers, filings, courts, nature of suit, and more. It did not say whether it offers any additional gender sensitivity training for its judges. Five led to counseling by Cassidys bosses on how he should conduct himself. Sophia Genovese, an immigration attorney, says it was common for immigration judges in Atlanta to make inappropriate remarks. The U.S. [[To print the PDF on this page please use the print function in the PDF reader. Copyright 1993-document.write(new Date().getFullYear()) 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. 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: 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. Michelle Mendez of the Catholic Legal Immigration Network, which provides legal representation to immigrants and helps attorneys report allegations of judicial misconduct, said lawyers face tremendous pressure not to call out judges bad behavior, even though they know ignoring it means it is likely to continue. hb```l|aB o~a UjB X HRHx6J;-rq# `u3p/d The Justice Department cited its policy of not commenting on personnel matters in refusing to answer questions about Maggards conduct. They go to the judges managers, assistant chief immigration judges, a position Maggard held in San Francisco. All I remember is him just laughing like he had made a funny comment that we should all think is funny.. 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. 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