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. Please do not reply to this e-mail, as this account is not monitored. 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. No. The immigration court has put into place procedures to implement the guidance of public health officials. See all files. In that moment, am I thinking that I might be perpetuating sexism in the system? ]], [This functionality does not work on your device. This is normally due to the consultation being transferred to another agency (for example, EPA to Dept. Attorney General H. Eric Holder Jr. appointed Judge Daugherty to begin hearing cases in November 2015. There is no parking available in the John E. Moss Federal Building for the general public. Nichole Rodriguez - email: nichole.rodriguez@usdoj.gov, Jonathan W. Hitesman, Assistant Chief Immigration Judge, John Moss Federal Building 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. But in practice, there is little to prevent judges from retaliating against someone who complains, attorneys say. For information regarding procedures for practice before the immigration courts, please see the Immigration Court Practice Manual. Hoppock, who practices in Kansas City, Mo., frequently files requests for information from immigration agencies, which he then makes public. 102 Petty France, London, Greater London SW1H 9AJ, GB, View This request is currently #35 of 63 pending "complex" requests. Subject: RE: Freedom of Information Act Request #2018-37357. AILAs Advocacy Action Center allows you to advocate for legislative and policy reforms consistent with AILAs principles and priorities. About the Immigration Judge Juge Print was appointed as a DCIJ in November 2015. Phones and other wireless devices should be turned off before entering courtrooms. 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). Already a subscriber? 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. Face coverings may be required in the courtroom if directed by the presiding immigration judge. I just remember feeling kind of enraged that I was wanted (by him) to laugh, she said. 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. Official websites use .gov Waiting times to enter the building and EOIR space may be significantly longer than usual. As necessary and when appropriate, individuals with medical conditions that prevent them from wearing a face covering should alert the judge to their situation. There are too many files to display on the request page. 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. If instructed to sit in a particular location, do not switch seats. 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. OFFICE OF THE CHIEF IMMIGRATION JUDGE . The complaints are not made public. Attached is correspondence from the Department of Justice's Office of Information Policy, which is associated with the above-referenced Freedom of Information Act (FOIA) request. uhA7(RhYO'o6hs5oX/K$%zM}$nN_*I4%50}]I^C_J`cM 3"%}D5jW#{?d)yk~kIy.D# WC$0`udG*;K_E08DOc"H/}U 7^54N`mY5P8}k_R&P^jXqN1"I4,/+ Wf]d=u,5Rf;(n}kPxTJ2+l^'t${1axcm*vi\l 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.. All items will pass through an x-ray machine and are subject to manual inspection if deemed necessary. 3. 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. Public transit is available via SacRT. The confirmation came in a reply to immigration attorney Matthew Hoppocks request. H|TQo0~W= cTUjVjRHPv~wp||g>9Y7uQpr}Qn{XE-FY+ J8-LXm+.:r)vhPA];H,X#ABWu0(%(@iDc0m? If the current person in charge didnt know him, I would get it, Antonini said of Cassidys promotion. It said substantiated allegations will be treated seriously and consistently result in formal discipline up to dismissal.. Please remember this while choosing to enter an elevator. Additionally, the court may have to unexpectedly close due to inclement weather or another emergency. 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. About the Court | Contact the Court | Public Health | Immigration Court Procedures | Helpful Links, Internet-Based Hearings Access Information. 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. Get contact details including emails and phone numbers The attorneys were not identified by name in the report. Otherwise, those responsive records will be sent via the method agreed upon with the FOIA processor. Please see our Privacy Policy. Email: tal.kopan@sfchronicle.com Twitter: @talkopan. Some of the appointments they have made up there have been some of the worst offenders.. 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. of Commerce) or to a sub-agency to process it. 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. 0 The department said all of its employees complete mandatory sexual harassment and misconduct awareness training. The light rail train and buses stop on the 8th Street side of the building. 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. Window Filing Hours: 8 a.m. - 4:00 p.m. Pursuant to the Freedom of Information Act, I hereby request the following records: 1. 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. 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. Subject: Freedom of Information Act Request: McHenry and Maggard Correspondence and Calendars on Pereira. But making the courts independent would keep the Biden administration from directly changing the system, including firing bad-actor 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. 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. He is still there, hearing immigrants cases but stripped of his supervisor duties. EOIR regularly monitors the performance and conduct of its adjudicators through daily supervision by EOIR's three adjudicating components: the Office of Up to 5 hb```l|aB o~a UjB X HRHx6J;-rq# `u3p/d In one instance, captured on courtroom audio, Cassidy had just granted relief from deportation in 2019 to a green card holder from Germany. Copyright 1993-document.write(new Date().getFullYear()) Oh, men never answer that question, Cassidy said. Her work has earned multiple awards and recognition, including winning the prestigious George Polk Award with Chronicle colleagues for coverage of a COVID-19 outbreak aboard a U.S. aircraft carrier and winning a Webby Award with colleagues for a documentary podcast series on the life and career of Vice President Kamala Harris. Thank you,-----------------------------------------Initial Request StaffOffice of Information PolicyU.S. 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. ), Create custom alerts for specific article and case topics and, I took a free trial but didn't get a verification email. MuckRock is a non-profit collaborative news site that gives you the tools to keep our government transparent and accountable. All I remember is him just laughing like he had made a funny comment that we should all think is funny.. All Rights Reserved, Review and comment based on your own experience. The changes take effect July 26.. 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. The U.S. The Chronicle reported in October that the Trump administration canceled all diversity training, including for immigration judges. like this one. 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. 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 U.S. Department of Justice is the department responsible for the enforcement of the law and administration of justice in the U.S. As director, McHenry oversees the hiring process for the board. 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. Law360 provides the intelligence you need to remain an expert and beat the competition. The department does not tolerate complaints whose sole purpose is to harass, threaten, intimidate, or retaliate against its adjudicators based on their rulings.. 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. Its a problem that Bidens administration has inherited. Even when Im saying it now, I feel like Im starting to get red in the face, the attorney said. From May 2009 to December 2011, Judge Maggard served at the San Francisco Immigration Court as an immigration judge. 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. 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. The Justice Department has long lacked a strong system for reporting and responding to sexual harassment and misconduct. Please see our Privacy Policy. Contact the Webmaster to submit comments. 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. Building Access and Security Screening Process: All visitors to the John E. Moss Federal Building must undergo a security screening in the building lobby area. Because the immigration courts are part of a law enforcement agency, politics too often plays a role in the promotion and retention practices in the immigration court system., McHenry, the Justice Department courts director, issued a memo in August 2019 on allegations of misconduct, saying judges are expected to adhere to the highest standards of ethical conduct and professionalism and to maintain impartiality.. 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. 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. Robert Print Maggard's 2021 pay is 22% higher than the average General Attorney across all agencies. 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. 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. 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. But she said the Trump administration focused on different priorities namely, speeding up deportation cases and limiting immigrants ability to win asylum. The woman did not acknowledge the joke, though someone else in the court laughed. Attached is this Office's response to the above-referenced request. Department of Justice, Executive Office for Immigration Review, https://www.foiaonline.gov/foiaonline/action/public/home. 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. 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.. It called the current system difficult to use for complainants and judges alike. 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. The immigration courts do have a system for reporting complaints. It declined to say whether the others who participated in the conversations with Maggard were identified or faced consequences. 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. All correspondence mentioning "Pereira" to or from James McHenry or Print Maggard. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. Special Work Opportunity - New Immigration Judge Training - September 22, 2017 Deadline.pdf. 3 77 malloy, rosalind k. 41 32 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 Justice Department cited its policy of not commenting on personnel matters in refusing to answer questions about Maggards conduct. The attorney general alone holds the power to fire immigration judges. None of those deals with sexist or sexually inappropriate behavior, instead focusing on improper handling of the judicial process. 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. 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. 133 0 obj <> endobj 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 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. Truslow, who said it was her first hearing on the job, was furious. 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). Try our Advanced Search for more refined results. 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.. 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. EOIR's immigration judges conduct administrative court proceedings in immigration courts located throughout the nation. Deputy Chief Immigration Judge Print Maggard presided over the ceremony at the agency's Falls Church, Virginia, headquarters. The Office of Personnel Management publishes a list of the observed dates of every federal holiday by year online at this link: OPM holidays. 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. Any materials or objects of any kind that could be used as a weapon are prohibited. Visitors will pass through a metal detector machine and are subject to additional screening if deemed necessary. The agency will soon begin recruiting a new Chief Immigration Judge. 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