A complaint process thats not transparent loses about 90% of its utility, Slavin said. But in practice, there is little to prevent judges from retaliating against someone who complains, attorneys say. Please find attached this Office's acknowledgment of the above-referenced request. That lewd expression refers to a womans pubic area. ho6>nM No. 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. Law360 may contact you in your professional capacity with information about our other products, services and events that we believe may be of interest.Youll be able to update your communication preferences via the unsubscribe link provided within our communications.We take your privacy seriously. Password (at least 8 characters required). Password (at least 8 characters required). McCloskey did not respond to requests for comment. This request is currently #35 of 63 pending "complex" requests. Jonathan S. Simpson, Immigration Judge, San Francisco Immigration Court. 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. Immigration attorney Sophia Genovese says it is common for judges to make inappropriate comments, and theres just no accountability for it.. Make arrangements to arrive in advance of your hearing so you arrive to the courtroom on time. RjK {02]s)c\P+P`7_pac ;a PE. Given the nature of this request, some records are only being released to you as the requester. About the Immigration Judge Juge Print was appointed as a DCIJ in November 2015. 650 Capitol Mall, Suite 4-200 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. FALLS CHURCH, VA - The Executive Office for Immigration Review (EOIR) today announced the investiture of two immigration judges. The department said all hiring for immigration courts and the Board of Immigration Appeals follows an open, merit-based process. 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. 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 I remember feeling very, very embarrassed and shaking, and I went completely red. It is unacceptable for anyone with a track record of inappropriate behavior to be protected and promoted. 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. 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. In the interim, Assistant Chief Immigration Judge Print Maggard will serve as the Acting Chief Immigration Judge. Maggard did not respond to requests for comment. Sign up for a free account. 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. The Justice Department cited its policy of not commenting on personnel matters in declining to answer questions to The Chronicle about Grants banishment. 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. 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. 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. You have to know whats happening with clients, competitors, practice areas, and industries. MuckRock is a non-profit collaborative news site that gives you the tools to keep our government transparent and accountable. Truslow, who said it was her first hearing on the job, was furious. This page was generated at 07:58 AM. 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. 161 0 obj <>stream As Cassidy stood over her, the woman said, the judge added, Are you basically telling me that the carpet doesnt match the drapes?. OFFICE OF THE CHIEF IMMIGRATION JUDGE . All items will pass through an x-ray machine and are subject to manual inspection if deemed necessary. The judges behavior appears to violate the departments conduct policies and raises questions about the immigration courts ability to function fairly. $[AD%` $_$zA>+Zbm@7 @+ ` v# The bottom line is, if you dont do that by the end of your administration, the next administration is going to come in and do the same (undoing) to you, Slavin said. 102 Petty France, London, Greater London SW1H 9AJ, GB, View 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. A joint initiative between the American Immigration Council and AILA seeks to change the playing field for immigrants facing deportation. She said she recoiled at the joke, but didnt find it out of the ordinary for Cassidy. 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.. Kopan graduated with honors from the University of Chicago. endstream endobj 137 0 obj <>stream And when such behavior has come to its attention, the department has in some instances simply transferred the offenders elsewhere. The very structure of the courts creates the conditions that allow bad actors to escape consequences, experts say. Already a subscriber? Cassidy did not respond to requests for comment. For information regarding procedures for practice before the immigration courts, please see the Immigration Court Practice Manual. 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. Subject: RE: Freedom of Information Act Request #2018-37357. 3. He was demoted and transferred to a courtroom in Sacramento. The Office of the Chief Immigration Judge (OCIJ) is headed by the Chief Immigration . 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. Grant, who has served on the Board of Immigration Appeals since 1998, is one of 23 judges who weigh appeals from immigrants who have lost cases in the nearly 70 immigration courts around the country. Attorney General Loretta E. Lynch appointed Judge Simpson to begin hearing cases in November 2015. None of those deals with sexist or sexually inappropriate behavior, instead focusing on improper handling of the judicial process. In EOIR space, staff or signs may direct you to a seat. Any materials or objects of any kind that could be used as a weapon are prohibited. 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.. In one instance, captured on courtroom audio, Cassidy had just granted relief from deportation in 2019 to a green card holder from Germany. 5107 Leesburg Pike, Suite 1800 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. The U.S. 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. The attorneys were not identified by name in the report. The new immigration judges were appointed by U.S. Attorney General Loretta E. Lynch. . U.S. Other judges may have been fired, but the department does not separate firings from retirements or resignations in its data. Remember that the immigration court may limit entry. And if someone says, No, no, you have to identify it, and you cannot, they say, Well, it doesnt exist., Atlanta immigration attorney Hiba Ghalib says of a judges comments: There was never anything so direct that it was anything I could file a complaint on it was just uncomfortable and annoying., Hiba Ghalib, an attorney who practices in Atlanta, said of Cassidys behavior: There was never anything so direct that it was anything I could file a complaint on it was just uncomfortable and annoying. 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. 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. At the time, it was annoying but typical Cassidy, Genovese said. He wasnt alone, they added: We concluded that he participated in conversations in which other senior managers commented on the attractiveness of female job candidates.. 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. Subject: Freedom of Information Act Request: McHenry and Maggard Correspondence and Calendars on Pereira. 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