She said the situation improved in recent years as more supervising judges were placed in the regions they oversee. None of those deals with sexist or sexually inappropriate behavior, instead focusing on improper handling of the judicial process. 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.. Prior to 2008, and when not serving as a member of the Navy-Marine Corps Trial Judiciary, Judge Daugherty served in the Marine Corps in various capacities including deputy staff judge advocate, chief trial counsel (prosecution), prosecutor, senior defense counsel, defense counsel, and special assistant U.S. attorney. 161 0 obj <>stream After the report was completed in November 2019, Maggard was demoted and reassigned to be an immigration judge in Sacramento. That lewd expression refers to a womans pubic area. Subject: FOIA Appeal DOJ-AP-2019-000724 Submitted, This message is to notify you of a new appeal submission to the FOIAonline application. Hoppock, who practices in Kansas City, Mo., frequently files requests for information from immigration agencies, which he then makes public. Some of the appointments they have made up there have been some of the worst offenders.. Already a subscriber? 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. See all files. The woman asked how long he was. 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. Please find attached this Office's acknowledgment of the above-referenced request. Copyright 1995-2017 American Immigration LLC, ILW.COM. He basically said to me, Are you naturally a blonde maybe? Like, I dont get it because Im a blonde, not a brunette, said the attorney, who requested anonymity because she still practices before the Atlanta court and is concerned about the way sexual harassment victims are treated when they go public. Even when Im saying it now, I feel like Im starting to get red in the face, the attorney said. 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. There is no parking available in the John E. Moss Federal Building for the general public. Its a problem that Bidens administration has inherited. Without an independent court, said Mendez, the Catholic Legal Immigration Network advocate, there will never be accountability. OFFICE OF THE CHIEF IMMIGRATION JUDGE . 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. The immigration courts do have a system for reporting complaints. 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. 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. She said the comments ate away at her for months before she sent an email notifying other attorneys who practice in the area. She said the Trump administration further chilled those who would complain about judges behavior with its choices of which judges to promote. AILA.org should not be relied upon as the exclusive source for your legal research. 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. 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. 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. million verified professionals across 35 million companies. All items will pass through an x-ray machine and are subject to manual inspection if deemed necessary. This request is currently #35 of 63 pending "complex" requests. She joined the newsroom in 2018 after covering D.C. politics, immigration policy, justice and national security, cybersecurity and other hot-button issues for CNN Politics and Politico. There are too many files to display on the request page. 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. 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.. He was demoted and transferred to a courtroom in Sacramento. Sacramento, CA 95814. The Office of Personnel Management publishes a list of the observed dates of every federal holiday by year online at this link: OPM holidays. EOIR's Office of the Chief Administrative Hearing Officer adjudicates immigration-related employment cases. 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. All correspondence mentioning "Pereira" to or from James McHenry or Print Maggard. Sexual harassment has been a recurring problem in the Justice Department itself. 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. Other attorneys recalled judges who minimized domestic violence while questioning asylum seekers, or suggested that married women could not be raped by their husbands. Individuals who do not comply with any relevant laws or policies may be denied access to or asked to leave the building or facility. Metered street parking is nearby. like this one. Face coverings may be required in the courtroom if directed by the presiding immigration judge. He also warned attorneys not to make baseless complaints designed to harass, threaten, intimidate, or retaliate against judges. 9-26-18_MR56736_RES-C_IDFOIA-2018-39532.pdf, Subject: Your FOIA Request DOJ-2018-008786 (AG). 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. Copyright Rate Your Immigration Judge 2023. 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: Together, the documents show mild consequences for subjects of repeated complaints, including Cassidy. MuckRock is a non-profit collaborative news site that gives you the tools to keep our government transparent and accountable. Maggard did not respond to requests for comment. Creating an independent immigration court seems to me like a no-brainer, Lofgren said at a hearing in January 2020. But limited available records show that at least 11 complaints have been filed about Cassidy with the Justice Department regarding his in-court conduct toward attorneys, immigrants and even another judge. PLEASE NOTE: A verification email will be sent to your address before you can access your trial. 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. Law360 provides the intelligence you need to remain an expert and beat the competition. Law360 takes your privacy seriously. This is normally due to the consultation being transferred to another agency (for example, EPA to Dept. A complaint about a San Francisco judge alleged he used incorrect pronouns for a transgender immigrant and asked one who was testifying about being tortured by police whether anyone ever insert(ed) anything into your ass in custody.. In a sworn affidavit in an administrative complaint filed with the Justice Department, one attorney wrote that a judge in El Paso, Texas, commented on the attractiveness of an asylum seeker as if it were an explanation for her persecution. They requested anonymity because of the sensitivity of the subject matter. 3. 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. You know if you do anything to piss him off, thats going to ruin your reputation in his eyes. The Justice Departments response did not identify the judge. Nearly a dozen attorneys who have argued cases before him since the 1990s told The Chronicle that his behavior was frequently inappropriate. Official websites use .gov I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on June 24, 2018. In the interim, Assistant Chief Immigration Judge Print Maggard will serve as the Acting Chief Immigration Judge. Password (at least 8 characters required). He and his colleagues are the next-to-last hope for immigrants. 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 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. Kopan graduated with honors from the University of Chicago. A third, a supervisor based mostly in San Francisco, commented with colleagues about the attractiveness of female job candidates, an internal investigation concluded. :.bCI*|p=5-T?n69e$[%iml!. But in practice, there is little to prevent judges from retaliating against someone who complains, attorneys say. Learn how to tackle challenges like finding and retaining affordable staff, working better in a hybrid or remote environment, when and how to raise fees, and much more. S;yNm!>C5dRj'@>qTBz/l}QyE]m)N}-UB3PUYYP'dd}*;D<36k1/1st:_ *P The sources declined to talk on the record because of the sensitivity of the subject matter. In the legal profession, information is the key to success. Falls Church, VA 22041 Social distancing (maintaining a distance of six feet from those with whom you do not live) is required. See all files Justice Department data shows the administration dismissed more complaints against judges than its predecessor. It never really got me anywhere, and it created enemies.. 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. 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 comments occurred before the judge opened the recorded portion of the hearing, they said. The changes take effect July 26.. 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.. ( Sign up for a free account. WASHINGTON One judge made a joke about genitalia during a court proceeding and was later promoted. pdf.pdf, Policy & Case Law Bulletin - January 26, 2018.pdf, Supreme Court Published - Maslenjak v. United States.pdf, Recently Disciplined Practitioners, Reinstated (2).pdf. It said the earlier complaints against Cassidy did not include allegations of harassment and showed no evidence he has engaged in serial misconduct.. An acknowledgement letter, stating the request is being processed. When all the requests have been completed, appropriate documents will be posted in the FOIA reading room IAW the "rule of 3". A joint initiative between the American Immigration Council and AILA seeks to change the playing field for immigrants facing deportation. Deputy Chief Immigration Judge Print Maggard presided over the ceremony at the agency's Falls Church, Virginia, headquarters. The request was for the entirety of each message that mentioned the word "Pereira." FALLS CHURCH, VA The Executive Office for Immigration Review (EOIR) today announced the investiture of two immigration judges. Robert P. "Print" Maggard, Immigration Judge Judge Maggard was appointed as an immigration judge in April 2009. His comments could give rise to claims of sexual harassment or claims of prohibited personnel practices, it said. Please let me know when I can expect to receive a response, or if further clarification is needed. Already a subscriber? As the woman sniffled audibly, Cassidy told her he had bonded with her over the story, as he also was born prematurely. . 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. 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. It is an ever-present buzz. 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.. 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. 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. endstream endobj 137 0 obj <>stream Truslow, who said it was her first hearing on the job, was furious. The department does not tolerate complaints whose sole purpose is to harass, threaten, intimidate, or retaliate against its adjudicators based on their rulings.. Data for the latter two years was posted online after The Chronicle inquired why reporting had stopped after 2018. Judge Maggard received a . [[To print the PDF on this page please use the print function in the PDF reader. 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? An analysis of those records by Mendezs group, the Catholic Legal Immigration Network, showed only a handful of instances in which judges were suspended. Subject: FW: status inquiry by MuckRock FOIA#2018-37357. Please review only once unless you have a new experience with this judge. Some complaints are never shared in detail with the judge, and those who file them are not told the outcome. Copyright 1993-document.write(new Date().getFullYear()) The Trump administration did little to change the pattern, The Chronicle found, and in one case even promoted a judge who many women have said made them feel uncomfortable in open court and behind the scenes for years. SF Chief IJ Print Maggard will be the acting chief IJ for EOIR until replacement for departing Chief OLeary is found. 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. Tal Kopan is the Washington Correspondent for The San Francisco Chronicle. He was allowed to keep his job, and still has it to this day, though he remains barred from working in the appeals courts headquarters unless his presence is unavoidable, such as in rare instances when the board hears oral arguments. Law360 provides the intelligence you need to remain an expert and beat the competition. 650 Capitol Mall, Suite 4-200 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. 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. But investigators wrote in the full report that they substantiated such allegations against Maggard and other supervisors. Although the supervisors name was blacked out, multiple sources familiar with the contents of the report confirmed it was Print Maggard. Judge Simpson is a member of the New Jersey Bar. The new immigration judges were appointed by U.S. Attorney General Loretta E. Lynch. No complaints resulted in formal discipline in 2017, 2018 or 2020, and 5% or fewer did other years. The complaints are not made public. Many attorneys who have practiced before Cassidy say they decided they were better off brushing aside his conduct toward women than filing complaints. 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. If instructed to sit in a particular location, do not switch seats. Print Maggard's Email & Phone Number Immigration Judge @ U.S. Department of Justice Location San Francisco, California, United States Work Immigration Judge @ u.s. Department of Justice Deputy Chief Immigration Judge @ u.s. Department of Justice Assistant Chief Immigration Judge @ u.s. Department of Justice see more Education 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.. Cassidy did not respond to requests for comment. The agency will soon begin recruiting a new Chief Immigration Judge. Be prepared have a mask available. The attorneys were not identified by name in the report. No. JugePrint was appointed as a DCIJ in November 2015. A separate PDF reading app may be necessary. Two commercial parking lots, open and covered, are within walking distance to the building. The department said all of its employees complete mandatory sexual harassment and misconduct awareness training. Waiting times to enter the building and EOIR space may be significantly longer than usual. Thank you,-----------------------------------------Initial Request StaffOffice of Information PolicyU.S. Any records referencing phone conferences regarding the Supreme Court's decision in Pereira v. Sessions from June 21, 2018 to the date this FOIA request is processed. 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. She said she recoiled at the joke, but didnt find it out of the ordinary for Cassidy. The immigration court has put into place procedures to implement the guidance of public health officials. 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. MuckRock users can file, duplicate, track, and share public records requests 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. 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. 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. EOIR regularly monitors the performance and conduct of its adjudicators through daily supervision by EOIR's three adjudicating components: the Office of The U.S. 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. The judge ruled in her favor. In EOIR space, staff or signs may direct you to a seat. free lookups / month. The calendars for Print Maggard and James McHenry for the month of June, 2018. 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. He is still there, hearing immigrants' cases but stripped of his. 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. 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