Judge Simpson is a member of the New Jersey Bar. Instead, the report concluded that Maggard exhibited poor judgment and should have avoided such behavior. Some complaints are never shared in detail with the judge, and those who file them are not told the outcome. In the interim, Assistant Chief Immigration Judge Print Maggard will serve as the Acting Chief Immigration Judge. pdf.pdf, Policy & Case Law Bulletin - January 26, 2018.pdf, Supreme Court Published - Maslenjak v. United States.pdf, Recently Disciplined Practitioners, Reinstated (2).pdf. Under the Trump administration, the number of complaints dismissed jumped from roughly 40% in 2015 and 2016 to 60% in 2017, 2018, 2019 and 2020. Other judges may have been fired, but the department does not separate firings from retirements or resignations in its data. Pursuant to the Freedom of Information Act, I hereby request the following records: 1. The judge ruled in her favor. Attorneys say Cassidys behavior should not have been a secret to the Justice Department. Five led to counseling by Cassidys bosses on how he should conduct himself. 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. She said the comments ate away at her for months before she sent an email notifying other attorneys who practice in the area. About the Immigration Judge Juge Print was appointed as a DCIJ in November 2015. The Chronicle spoke with three people who confirmed the attorney shared the story with them shortly after it happened. 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. The George Washington University Law School, University of the Pacific - McGeorge School of Law, {{ userNotificationState.getAlertCount('bell') }}. 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 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. 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. Sexual harassment has been a recurring problem in the Justice Department itself. If instructed to sit in a particular location, do not switch seats. She said she recoiled at the joke, but didnt find it out of the ordinary for Cassidy. In the legal profession, information is the key to success. Please see our Privacy Policy. But at the end of the day, I know how far a complaint could take me. Genovese and other attorneys in Atlanta say such behavior was routine for Cassidy. Given the nature of this request, some records are only being released to you as the requester. 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. There are too many files to display on the request page. 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.. MuckRock is a non-profit collaborative news site that gives you the tools to keep our government transparent and accountable. As director, McHenry oversees the hiring process for the board. 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. 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. [[To print the PDF on this page please use the print function in the PDF reader. 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. The Chronicle's detailed policy governing the use of such sources, including the use of pseudonyms, is available on SFChronicle.com. Metered street parking is nearby. Cassidy said he weighed just 3 pounds at birth. 161 0 obj <>stream He also warned attorneys not to make baseless complaints designed to harass, threaten, intimidate, or retaliate against judges. 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 Phones and other wireless devices should be turned off before entering courtrooms. 102 Petty France, London, Greater London SW1H 9AJ, GB, View AILALink puts an entire immigration law library at your fingertips! H|TQo0~W= cTUjVjRHPv~wp||g>9Y7uQpr}Qn{XE-FY+ J8-LXm+.:r)vhPA];H,X#ABWu0(%(@iDc0m? 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. PLEASE NOTE: A verification email will be sent to your address before you can access your trial. It is an ever-present buzz. endstream endobj startxref 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. As necessary and when appropriate, individuals with medical conditions that prevent them from wearing a face covering should alert the judge to their situation. 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. 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.. I just remember feeling kind of enraged that I was wanted (by him) to laugh, she said. 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. However, the documents from 2008 to 2013 revealed through the Freedom of Information Act request show a process in which many complaints are given only cursory investigation by the supervising managers, and in which consequences are usually limited to verbal counseling. ), Create custom alerts for specific article and case topics and, I took a free trial but didn't get a verification email. 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). The Chronicle reported in October that the Trump administration canceled all diversity training, including for immigration judges. No. Individuals who do not comply with any relevant laws or policies may be denied access to or asked to leave the building or facility. Waiting times to enter the building and EOIR space may be significantly longer than usual. Nearly a dozen attorneys who have argued cases before him since the 1990s told The Chronicle that his behavior was frequently inappropriate. 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 immigration courts do have a system for reporting complaints. Additional details for this consultation are as follows: * Old Tracking Number: DOJ-2018-007740 * New Tracking Number: DOJ-2018-007740 * Requester Name: Matthew Hoppock * Date Submitted: 08/22/2018 * Long Description: foia consult eoir, Subject: FOIA Tracking Number Change for referral DOJ-2018-007915 (to DOJ-2018-007915), The FOIA referral DOJ-2018-007915 has had its Tracking Number changed to DOJ-2018-007915. It declined to say whether the others who participated in the conversations with Maggard were identified or faced consequences. An immigration judge might retaliate against the advocate by punishing her clients and these are people fleeing persecution, rape and even death, Mendez said. 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. Sign up for a free account. In the interim, Assistant Chief Immigration Judge Print Maggard will serve as the Acting Chief Immigration Judge. This is normally due to the consultation being transferred to another agency (for example, EPA to Dept. The requested documents will be made available to the general public, and this request is not being made for commercial purposes. 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. Password (at least 8 characters required). If they lose before the board, their only hope of avoiding deportation is a long-shot case in federal appellate courts. An acknowledgement letter, stating the request is being processed. Try our Advanced Search for more refined results. The redactions in these e-mail messages are improper because most do not cite any valid exemption under the FOIA. Its a problem that Bidens administration has inherited. Data for the latter two years was posted online after The Chronicle inquired why reporting had stopped after 2018. Judge Print also served as an Immigration Judge at the San Francisco Immigration Court from May 2009 to December 2011. 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. 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. Department of Justice, Executive Office for Immigration Review, https://www.foiaonline.gov/foiaonline/action/public/home. Department of Justice, 202-514-3642 (Main Line)202-514-1009 (Fax), Subject: Final Disposition, Request DOJ-AP-2019-000724, DOJ-AP-2019-000724 has been processed with the following final disposition: Partially Affirmed & Partially Reversed/Remanded. 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. Grant issues his rulings without seeing the inside of a courtroom. It called the current system difficult to use for complainants and judges alike. immigration judge grants denials burgess, abraham l. 0 1 burke, david 43 157 burkhart, margaret d. 9 12 burman, lawrence o. 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. Law360 provides the intelligence you need to remain an expert and beat the competition. 703-305-0289 (phone)PAO.EOIR@usdoj.gov. In an interview, Slavin said the Justice Departments immigration courts division has long had a problem with discipline because it doesnt make policing judges conduct a priority, and because of a workplace culture that has at times been unfriendly toward women. Falls Church, VA 22041 Please find attached this Office's acknowledgment of the above-referenced request. EOIR's immigration judges conduct administrative court proceedings in immigration courts located throughout the nation. Law360 provides the intelligence you need to remain an expert and beat the competition. She said the agency takes allegations of misconduct seriously and that anyone with a valid complaint should file it. Tal Kopan is the Washington Correspondent for The San Francisco Chronicle. 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. As Cassidy stood over her, the woman said, the judge added, Are you basically telling me that the carpet doesnt match the drapes?. He cracked a joke, and she was not amused, which Cassidy noticed. 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. 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.. 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. MuckRock users can file, duplicate, track, and share public records requests Maggard did commit clear personnel misconduct, the investigators concluded. I look forward to receiving your response to this request within 20 business days, as the statute requires. Its quite literally a Sophies choice that should never happen in the American legal system.. All I remember is him just laughing like he had made a funny comment that we should all think is funny.. In those roles, he appeared in numerous cases before Cassidy. 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. The department said all hiring for immigration courts and the Board of Immigration Appeals follows an open, merit-based process. 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. 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. He was demoted and transferred to a courtroom in Sacramento. %PDF-1.5 % The changes take effect July 26.. Hoppock, who practices in Kansas City, Mo., frequently files requests for information from immigration agencies, which he then makes public. WASHINGTON One judge made a joke about genitalia during a court proceeding and was later promoted. Oh, men never answer that question, Cassidy said. 17, 2017).pdf, Recently Disciplined Attorneys and Updated List(1).pdf, There are too many files to display on this communication. He and his colleagues are the next-to-last hope for immigrants. Attorney General H. Eric Holder Jr. appointed Judge Daugherty to begin hearing cases in November 2015. This page was generated at 07:58 AM. Any materials or objects of any kind that could be used as a weapon are prohibited. Judge-by-Judge Asylum Decisions in Immigration Courts Before and After the Attorney General's Directive : Denial Rate : Immigration Court: . A complaint process thats not transparent loses about 90% of its utility, Slavin said. Responsive records have been located and are being reviewed for release. 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. McCloskey did not respond to requests for comment. This is normally due to the referral being transferred to another agency (for example, EPA to Dept. $[AD%` $_$zA>+Zbm@7 @+ But she said the Trump administration focused on different priorities namely, speeding up deportation cases and limiting immigrants ability to win asylum. 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. An analysis of those records by Mendezs group, the Catholic Legal Immigration Network, showed only a handful of instances in which judges were suspended. 650 Capitol Mall, Suite 4-200 EOIR is committed to ensuring fairness in all of the cases it adjudicates. Immigration judges concluded a record 276,000 cases in fiscal 2019 and were on pace to close 400,000 cases in fiscal 2020 before the pandemic ground the immigration court system to a near halt. AILAs Advocacy Action Center allows you to advocate for legislative and policy reforms consistent with AILAs principles and priorities. Hoppock shared the response with The Chronicle. Thank you in advance for your anticipated cooperation in this matter. These records, covering 2008 to 2013, were made public by attorney Bryan Johnson and a coalition of immigration legal groups after they received them through a Freedom of Information Act lawsuit. AILA Doc. Want the latest investigative and FOIA news? They requested anonymity because of the sensitivity of the subject matter. The Justice Department cited its policy of not commenting on personnel matters in declining to answer questions to The Chronicle about Grants banishment. Please allow for additional time to go through the security screening process. 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 The U.S. Department of Justice is the department responsible for the enforcement of the law and administration of justice in the U.S. 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 Robert P. "Print" Maggard, Immigration Judge Judge Maggard was appointed as an immigration judge in April 2009. She added that the court system explicitly forbids retaliation.. Please remember this while choosing to enter an elevator. An eye View; Opening and closing brackets with a diagonal slash through . It is not a system designed to protect complainants. 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. 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. A copy of documents responsive to the request. The calendars for Print Maggard and James McHenry for the month of June, 2018. Learn more. 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). 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. 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. The Justice Department has long lacked a strong system for reporting and responding to sexual harassment and misconduct. The woman did not acknowledge the joke, though someone else in the court laughed. (business & personal). :.bCI*|p=5-T?n69e$[%iml!. See all files In one instance, captured on courtroom audio, Cassidy had just granted relief from deportation in 2019 to a green card holder from Germany. On personnel matters in declining to answer questions to the general public, and share public records requests did. 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