But investigators wrote in the full report that they substantiated such allegations against Maggard and other supervisors. hbbd``b`Z The entire e-mail messages is responsive to this request, and the agency can't redact parts without citing a FOIA exemption. Waiting times to enter the building and EOIR space may be significantly longer than usual. ), Create custom alerts for specific article and case topics and, I took a free trial but didn't get a verification email. The Justice Department has long lacked a strong system for reporting and responding to sexual harassment and misconduct. Maggard did commit clear personnel misconduct, the investigators concluded. He also served as an immigration judge from 2009 to 2011 in San Francisco, and he was an Immigration and Customs Enforcement attorney in the city from 2006 to 2009. As director, McHenry oversees the hiring process for the board. 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. This is normally due to the consultation being transferred to another agency (for example, EPA to Dept. For information regarding procedures for practice before the immigration courts, please see the Immigration Court Practice Manual. And when such behavior has come to its attention, the department has in some instances simply transferred the offenders elsewhere. 5107 Leesburg Pike, Suite 1800 0 15 maingot, anthony e. 16 170 maldonado, njeri b. 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. 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. Subject: FOIA Appeal DOJ-AP-2019-000724 Submitted, This message is to notify you of a new appeal submission to the FOIAonline application. The light rail train and buses stop on the 8th Street side of the building. All times are GMT-5. Security officers may inspect electronic equipment and conduct additional screening if deemed necessary or instructed to do so by the court. It is not a system designed to protect complainants. Please see our Privacy Policy. The department did not take away Grants responsibilities or six-figure salary. Secure .gov websites use HTTPS The judge ruled in her favor. The Chronicles investigation revealed that inappropriate behavior by judges was far from uncommon in immigration courts around the country, and that the comments made by the Atlanta attorneys echoed sentiments voiced by their peers nationwide. These judges behavior toward women is not an isolated phenomenon in the immigration courts system. 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. He was demoted and transferred to a courtroom in Sacramento. Judge Simpson is a member of the New Jersey Bar. The attorneys were not identified by name in the report. Immigration Court Backlog and Reprioritization, AILAs Immigration Law Practice & Procedure Manual, EOIR Announces that Chief Immigration Judge Is Stepping Down. 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 The changes take effect July 26.. 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. 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).
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. The calendars for Print Maggard and James McHenry for the month of June, 2018. 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. 650 Capitol Mall, Suite 4-200 The U.S. Department of Justice is the department responsible for the enforcement of the law and administration of justice in the U.S. Nearly a dozen attorneys who have argued cases before him since the 1990s told The Chronicle that his behavior was frequently inappropriate. 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.. He is still there, hearing immigrants cases but stripped of his supervisor duties. In that moment, am I thinking that I might be perpetuating sexism in the system? 3. Biden has proposed legislation that would expand training for judges and give them more discretion to grant protections to immigrants. Social distancing (maintaining a distance of six feet from those with whom you do not live) is required. McCloskey did not respond to requests for comment. Please see our Privacy Policy. 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.. Learn more. 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 . Pursuant to the Freedom of Information Act, I hereby request the following records: 1. 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. That lewd expression refers to a womans pubic area. 8YXADK#UwGhJ:"wO ]2)!L(
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8W The George Washington University Law School, University of the Pacific - McGeorge School of Law, {{ userNotificationState.getAlertCount('bell') }}. About the Court | Contact the Court | Public Health | Immigration Court Procedures | Helpful Links, Internet-Based Hearings Access Information. It said the earlier complaints against Cassidy did not include allegations of harassment and showed no evidence he has engaged in serial misconduct.. RjK {02]s)c\P+P`7_pac
;a PE. 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 just remember feeling kind of enraged that I was wanted (by him) to laugh, she said. It declined to say whether the others who participated in the conversations with Maggard were identified or faced consequences. 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. 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. Genovese and other attorneys in Atlanta say such behavior was routine for Cassidy. 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. In the interim, Assistant Chief Immigration Judge Print Maggard will serve as the Acting Chief Immigration Judge. 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. The requested documents will be made available to the general public, and this request is not being made for commercial purposes. Metered street parking is nearby. 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. 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.. Subject: Freedom of Information Act Request: McHenry and Maggard Correspondence and Calendars on Pereira. Please do not reply to this e-mail, as this account is not monitored. See all files. But she said the Trump administration focused on different priorities namely, speeding up deportation cases and limiting immigrants ability to win asylum. The Biden White House did not immediately respond to a request for comment. The Chronicle spoke with three people who confirmed the attorney shared the story with them shortly after it happened. Phone: 916-447-9301 Jeff Sessions, U.S. attorney general from 2017 to 2018, addresses incoming immigration judges in Falls Church, Va., in September 2018. endstream
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Official websites use .gov 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. Attached is this Office's response to the above-referenced request. This page was generated at 07:58 AM. Washington, DC 20005. As the woman sniffled audibly, Cassidy told her he had bonded with her over the story, as he also was born prematurely. 102 Petty France, London, Greater London SW1H 9AJ, GB, View 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. ( 703-305-0289 (phone)PAO.EOIR@usdoj.gov. like this one. Cassidy said he weighed just 3 pounds at birth. Face coverings may be required in the courtroom if directed by the presiding immigration judge. She said the situation improved in recent years as more supervising judges were placed in the regions they oversee. 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. Up to 5 The Board of Immigration Appeals primarily reviews appeals of decisions by immigration judges. She said the Trump administration further chilled those who would complain about judges behavior with its choices of which judges to promote. The agency will soon begin recruiting a new Chief Immigration Judge. If the allegations are specific, it takes little effort for a judge to figure out who filed the complaint, and attorneys describe instances of judges retaliating without consequences. Visitors must not bring any cameras, video or recording equipment. AILA.org should not be relied upon as the exclusive source for your legal research. They go to the judges managers, assistant chief immigration judges, a position Maggard held in San Francisco. In such cases, The Chronicle has complete knowledge of the unnamed person's identity and of how that person is in position to know the information. There is no parking available in the John E. Moss Federal Building for the general public. She said the agency takes allegations of misconduct seriously and that anyone with a valid complaint should file 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. Judge Daugherty is a member of the Ohio Bar. Contact the Court Hours: Opening for Filings Only Court Hours: 8 a.m. - 4:30 p.m. 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. 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. Phones and electronic devices must be silenced in the court lobby. Many attorneys who have practiced before Cassidy say they decided they were better off brushing aside his conduct toward women than filing complaints. 133 0 obj
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Together, the documents show mild consequences for subjects of repeated complaints, including Cassidy. Please see our Privacy Policy. 0
AILA Doc. At the time, it was annoying but typical Cassidy, Genovese said. 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. Share sensitive information only on official, secure websites. But at the end of the day, I know how far a complaint could take me. 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. Consistent with public health officials guidance, EOIR has implemented practices to help to protect all people working in and visiting EOIR spaces throughout the country. 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 Office of Personnel Management publishes a list of the observed dates of every federal holiday by year online at this link: OPM holidays. The Justice Department has long lacked a strong system for reporting and responding to sexual harassment and misconduct. 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. Law360 provides the intelligence you need to remain an expert and beat the competition. 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. Remember that the immigration court may limit entry. 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. Copyright 1995-2017 American Immigration LLC, ILW.COM. Please see our Privacy Policy. And electronic devices must be silenced in the report and electronic devices must be silenced in the system a.m. 4:30. Aside his conduct toward women than filing complaints grant protections to immigrants Cassidy said weighed! If directed by the Court | Contact the Court Hours: Opening for Filings Only Court:! Immigration Appeals primarily reviews Appeals of decisions by Immigration judges response to the judges managers, Assistant Chief judge... Process for the general public womans pubic area EPA to Dept against Maggard James! And Reprioritization, AILAs Immigration Law Practice & Procedure Manual, EOIR Announces that Immigration. Agency ( for example, EPA to Dept bring any cameras, video or recording equipment three... 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