It said the earlier complaints against Cassidy did not include allegations of harassment and showed no evidence he has engaged in serial misconduct.. pdf.pdf, Policy & Case Law Bulletin - January 26, 2018.pdf, Supreme Court Published - Maslenjak v. United States.pdf, Recently Disciplined Practitioners, Reinstated (2).pdf. . 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. 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. In EOIR space, staff or signs may direct you to a seat. 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. The department did not take away Grants responsibilities or six-figure salary. Visitors must not bring any cameras, video or recording equipment. 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. 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. 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. The request was for the entirety of each message that mentioned the word "Pereira." 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). 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. Robert Print Maggard's 2021 pay is 29% higher than the average pay of an IJ employee at the Executive Office for Immigration Review . Many e-mail messages are redacted in part with the text "not a responsive record." Two commercial parking lots, open and covered, are within walking distance to the building. 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.. Cassidy said he weighed just 3 pounds at birth. But she said the Trump administration focused on different priorities namely, speeding up deportation cases and limiting immigrants ability to win asylum. 0 15 maingot, anthony e. 16 170 maldonado, njeri b. 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. 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. He also warned attorneys not to make baseless complaints designed to harass, threaten, intimidate, or retaliate against judges. 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? The Chronicle reported in October that the Trump administration canceled all diversity training, including for immigration judges. Try our Advanced Search for more refined results. 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 Sophia Genovese, an immigration attorney, says it was common for immigration judges in Atlanta to make inappropriate remarks. 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. Individuals who do not comply with any relevant laws or policies may be denied access to or asked to leave the building or facility. AILAs Advocacy Action Center allows you to advocate for legislative and policy reforms consistent with AILAs principles and priorities. Its a problem that Bidens administration has inherited. Wr/Joseph R. SchaafChief Counsel, Administrative LawExecutive Office for Immigration Review, Subject: FOIA Tracking Number Change for consultation DOJ-2018-007740 (to DOJ-2018-007740), The FOIA consultation DOJ-2018-007740 has had its Tracking Number changed to DOJ-2018-007740. Some complaints are never shared in detail with the judge, and those who file them are not told the outcome. Executive Office for Immigration Review (EOIR) is responsible for adjudicating immigration cases by conducting immigration court proceedings, appellate reviews, and administrative hearings. A third, a supervisor based mostly in San Francisco, commented with colleagues about the attractiveness of female job candidates, an internal investigation concluded. free lookups / month. 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. See all files Phones and electronic devices must be silenced in the court lobby. MuckRock is a non-profit collaborative news site that gives you the tools to keep our government transparent and accountable. of Commerce) or to a sub-agency to process it. 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.. Rate Your Immigration Judge is an important source of information for other immigrants and their attorneys, but also for the immigration judges. If the current person in charge didnt know him, I would get it, Antonini said of Cassidys promotion. Without an independent court, said Mendez, the Catholic Legal Immigration Network advocate, there will never be accountability. endstream endobj 137 0 obj <>stream Biden has proposed legislation that would expand training for judges and give them more discretion to grant protections to immigrants. Data for the latter two years was posted online after The Chronicle inquired why reporting had stopped after 2018. An immigration judge might retaliate against the advocate by punishing her clients and these are people fleeing persecution, rape and even death, Mendez said. Password (at least 8 characters required). The George Washington University Law School, University of the Pacific - McGeorge School of Law, {{ userNotificationState.getAlertCount('bell') }}. 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. $[AD%` $_$zA>+Zbm@7 @+ His comments could give rise to claims of sexual harassment or claims of prohibited personnel practices, it said. The woman did not acknowledge the joke, though someone else in the court laughed. 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. 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. Try our Advanced Search for more refined results. If instructed to sit in a particular location, do not switch seats. He and his colleagues are the next-to-last hope for immigrants. 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.. 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. 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 . In the legal profession, information is the key to success. A Chronicle investigation revealed numerous similar instances of harassment or misconduct in the courts, and found a system that allows sexually inappropriate behavior to flourish. She said the Trump administration further chilled those who would complain about judges behavior with its choices of which judges to promote. She added that the court system explicitly forbids retaliation.. That lewd expression refers to a womans pubic area. Email: tal.kopan@sfchronicle.com Twitter: @talkopan. The Justice Department has long lacked a strong system for reporting and responding to sexual harassment and misconduct. Please review only once unless you have a new experience with this judge. Please do not reply to this e-mail, as this account is not monitored. 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. Please see our Privacy Policy. 3. 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. 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 Chronicle's detailed policy governing the use of such sources, including the use of pseudonyms, is available on SFChronicle.com. As director, McHenry oversees the hiring process for the board. This request is currently #35 of 63 pending "complex" requests. Attorneys say Cassidys behavior should not have been a secret to the Justice Department. This page was generated at 07:58 AM. 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. Similar Profiles. It never really got me anywhere, and it created enemies.. 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. The sources declined to talk on the record because of the sensitivity of the subject matter. 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. The recording was provided to The Chronicle by the womans attorney, Genovese, who was practicing in Atlanta with the Southern Poverty Law Center. Remember that the immigration court may limit entry. 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. They go to the judges managers, assistant chief immigration judges, a position Maggard held in San Francisco. The Southern Poverty Law Center and another nonprofit group, the Innovation Law Lab, compiled several examples from focus groups of attorneys they held, which were included in a report criticizing the immigration court system. A separate PDF reading app may be necessary. AILA Doc. 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. 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. 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 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. Special Work Opportunity - New Immigration Judge Training - September 22, 2017 Deadline.pdf. McCloskey did not respond to requests for comment. The redactions in these e-mail messages are improper because most do not cite any valid exemption under the FOIA. 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. AILA.org should not be relied upon as the exclusive source for your legal research. PLEASE NOTE: A verification email will be sent to your address before you can access your trial. 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. ]], [This functionality does not work on your device. 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. Any materials or objects of any kind that could be used as a weapon are prohibited. When all the requests have been completed, appropriate documents will be posted in the FOIA reading room IAW the "rule of 3". Kopan graduated with honors from the University of Chicago. Contact the Court Hours: Opening for Filings Only Court Hours: 8 a.m. - 4:30 p.m. 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 brand-new 18th edition of Kurzban's Immigration Law Sourcebook is now shipping. 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. 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. 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. , McHenry oversees the hiring process for the enforcement of the sensitivity of the sensitivity of the and... 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