SlideShare uma empresa Scribd logo
1 de 32
Baixar para ler offline
EOIRFOIA Processing(EOIR)
From: Smith, Gary (EOIR)
Sent:
To:
Wednesday, February 17, 2010 3:03 PM
Keller, Mary Beth (EOIR)
Subject: RE:Complaint rec'd at OPR?
Thanks, and by the way, she is referring to our "one-day" suspension person.
From: Kelter,MaryBeth(EOIR)
Sent: Wednesday,February17, 2010 2:56 PM
To: Smith,Gary(EOIR)
Subject: FW: Complaintrec'dat OPR?
Gary,
FYI, OPR doesn't have anything from Sandra Greene at this point.
mtk
From:Wahowiak,Marlene(OPR)
Sent: Wednesday,February17, 2010 2:50 PM
To: Keller,Mary Beth(EOIR)
Subject: RE:Complaintrec'dat OPR?
I just checked and didn't see anything.
"Sandra Greene" sounds familiar. Didn't she have an ongoing battle with an IJ in York a while back? I
want to say the IJ may have transferred to Atlanta. Maybe I'm getting my IJs and complainants mixed
up!
Hope you survived the snow intact,
MMW
From: Keller,MaryBeth (EOIR)[mailto:Mary.Beth.Keller@usdoj.gov]
Sent: Wednesday,February17, 2010 2:45 PM
To: Wahowiak,Marlene(QPR)
Subject: Complaintrec'dat OPR?
Marlene,
One of our ACIJs has been dealing with a complaint from an attorney, Ms. Sandra Greene, from York, Pennsylvania
about Judge Walter Durling. Ms. Greene advised the ACIJ that she was also filing a complaint with OPR. We had been
handling this, but, before we respond back to the complainant, I wanted to check in with you all to see if you had this.
Thanks much.
Hope all is well.
Mtk
Jvlary'Betfi Xe{Cer
Assistant Chief Immigration Judge
EOIR/OC[J
703/305-1247
mary.beth.keller@usdoj.gov
1
EOIRFOIA Processing(EOIR)
From: Sukkar,Elisa{EOIR)
Sent:
To:
Thursday,April 01, 2010 1:48PM
Keller,Mary Beth {EOIR)
Cc:
Subject:
Moutinho, Deborah(EOIR);Morris, Florencio(EOIR);Kelly,Ed (EOIR)
RE:Chapa
MTK:
I have reviewed my IJ Chapa file and this is what I have as a status report. This is what myhandwritten notes reflect.
On January 11, 2010, I gave to Judge Chapa the materials covering the Matter of Enamorado(A094-331-519)and Matter
of Miguel Jose (A0?0-567-946).We had a discussion in his chambers.We went over the fact the BIA is indicating he was
"brusque" in a footnote in Matter of Miguel Jose (946).Also, the BIA felt that the comments about the fact they had kids
when they had no status was unwarranted.We agreed to meet again. The IJ came back to me the same day and said he
had reviewed all and acknowledgedthat, upon reading the transcripts, some of his comments were wrong, such as asking
the BIA to "please help with standards".I asked him not to make pleas to the BIA as to what they should do. We agreedto
meet again.
On January 25, 2010, l met with Judge Chapa in the conference room to go over the PWP review.We reviewed the PWP.
I again had copies of the two decisions mentioned above and we went over again the criticisms from the BIA The
significance of the term "brusque" (after I consulted with ACIJ Weil), I told him the parties at times feel he is impatient. He
said he gets stressed out but will calm down. (By the way, I followedthis format with all the IJs during the PWP reviews.I
had the ?WPs, all their individual reports:aged out reports and the deadlines, HatianTPS reports, off calendar reports.a
copy of their calendars to go over Masters and Individualsfor purposesof case management and if I had a IJC from the
BIA, I also had a copy of the BIA decision and transcriptto go over with the IJ again as a reminder.)
As part of the reviewwith IJ Chapa, I also addressed the requestthat I received as to howto file a complaint against him
and showed him a copy of the e-mail I received from attorney Elizabeth Roman Jones. The e-mail contained enough
criticism for me to addresswith the IJ. I received the e-mail on December 16, 2009 and I had my first discussionwith the
IJ on January 5, 2010 about her comments. I again discussedthe criticism with the IJ on January 25, 2010. I asked him to
be careful becausethe next step she will make is to ask him to recuse himself. He has since reported that when the
attorney came the next time, he was calm. he granted her continuance and there have not been any additional problems
with counsel. The IJ stresses over case completion goals and what he feels is expected of him on the bench. He has
reported tome that he is using a different approach when he gets hit with last minute continuances. (The attorney that
complained is new to this field. Last week she wrote to me. Shewas upset that the court has not issueda notice of
hearing to one of her clients. When I looked into it, it turns out that DHS has not filed the NTA with the court. I explained to
her that without the NTA, the court will not issue a Noticeof Hearingto her client.)
This is the extent of my notes. Pleaseadvise if you need anything else. EMS
-----· -··---~---- ---------------------
From: Keller, Mary Beth (EOIR)
Sent: Wednesday,March31, 2010 9:52 PM
To: Sukkar,Elisa(EOIR)
Cc: Moutinho, Deborah(EOIR)
Subject: Re: Chapa
Great. No need for formal. But the dates wld be good. :)
Sent from my BlackBerryWireless Device
1
From: Sukkar, Elisa{EOIR)
To: Keller, Mary Beth (EOIR)
Cc:Moutinho, Deborah(EOIR)
Sent: Wed Mar 3119:59:38 2010
Subject: RE:Chapa
MTK:
Bothcases were addressed with the IJ. We gave him the decisions. We discussed twice. These cases were included as
part of his PWP reviewwhich we did in Jan/Feb 201O.We read the comments together and we went over the comments
in the BIA decision and the transcripts. He was very receptive. 1talked to him about getting agitated on the bench and to
give himself more time ifhe feels pressured by his Masters.
There had been an attorney inquiring as to how to complain about the IJ. 1provided the information to the attorney. I do
not know if she filed a formal complaint since I have not received any complaints from OCIJ on the IJ. But her comments
to me were addressed with the IJ neverthelessand the fact that she was new to the case and instead of grantinga
continuance. he gave her 10 minutes to go outside and prepare herself to address the charges. I explained that there is
no need to rush these things. All of this was discussedwith the IJ during the informal PWP review.
I will write a formal memo to you tomorrow with more details as to dates.
Thanks. EMS
From: Keller, Mary Beth (EOIR)
Sent: Wednesday,March31, 2010 6:04 PM
To: Sukkar, Elisa(EOIR)
Cc: Moutinho, Deborah(EOIR)
Subject: RE:Chapa
Same thing with Enamorado sent to you on Jan 07.
Tx.
mtk
From: Keller, Mary Beth (EOIR)
Sent: Wednesday,March31, 2010 6:03 PM
To: Sukkar, Elisa(EOIR}
Cc: Moutinho, Deborah(EOIR)
Subject: Chapa
Elisa,
I have the Matter of Miguel Jose from BIA that went to you on Jan 6, and an email saying you were going to talk to the
judge on Jan 08.
What is the resolution of this one?
Tx.
mtk
.'Mary'BetliXe{t:er
Assistant Chief Immigration Judge
EOIR/OCIJ
703/305· l 24 7
mary.beth.keller@usdoj.gov
2
EOIRFOIAProcessing(EOIR)
From: Sukkar,Elisa(EOIR)
Sent:
To:
Thursday,April 01, 2010 1:48 PM
Keller,Mary Beth {EOIR)
Cc:
Subject:
Moutinho, Deborah (EOIR);Morris, Florencio(EOIR};Kelly,Ed(EOIR)
RE:Chapa
MTK:
I have reviewed my IJ Chapa file and this is what I have as a status report. This is what myhandwritten notes reflect.
On January 11, 2010, I gave to Judge Chapa the materials covering the Matter of Enamorado (A094-331-519) and Matter
of Miguel Jose (A070-567~946).We had a discussion in his chambers. We went over the fact the BIA is indicating he was
"brusque" in a footnote in Matter of Miguel Jose (946). Also, the BIA felt that the comments about the fact they had kids
when they had no status was unwarranted.We agreed to meet again. The IJ came back to me the same day and said he
had reviewed all and acknowledged that, upon reading the transcripts, some of his comments were wrong. such as asking
the BIA to "please help with standards·. I asked him not to make pleas to the BIA asto what they should do. We agreed to
meet again.
On January 25, 2010, I met with Judge Chapa in the conference room to go over the PWP review. We reviewed the PWP.
I again had copies of the two decisions mentioned above and we went over again the criticisms from the BIA. The
significance of the term "brusque" (after I consulted with ACIJ Weil). I told him the parties at times feel he is impatient. He
said he gets stressed out but will calm down. (By the way. I followed this format with all the IJs during the PWP reviews. I
had the PWPs. all their individual reports: aged out reports and the deadlines. Hatian TPS reports, off calendar reports, a
copy of their calendars to go over Masters and Individualsfor purposes of case management and if I had a IJC from the
BIA, I also had a copy of the BIA decision and transcript to go over with the IJ again as a reminder.)
As part of the review with IJ Chapa, I also addressed the request that I received as to how to file a complaint against him
and showed him a copy of the e-mail I received from attorney Elizabeth Roman Jones. The e-mail contained enough
criticism for me to address with the IJ. I received the e-mail on December 16, 2009 and I had my first discussion with the
IJ on January 5, 2010 about her comments. I again discussed the criticism with the IJ on January 25, 2010. I asked him to
be careful because the next step she will make is to ask him to recuse himself. He has since reported that when the
attorney came the next time, he was calm, he granted her continuance and there have not been anyadditional problems
with counsel. The IJ stresses over case completion goals and what he feels is expected of him on the bench. He has
reported to me that he is using a different approach when he gets hit with last minute continuances. (The attorney that
complained is new to this field. Last week she wrote to me. She was upset that the court has not issued a notice of
hearing to one of her clients. When I looked into it, it turns out that OHS has not filed the NTAwith the court. I explained to
her that without the NTA, the court will not issue a Notice of Hearing to her client.)
This is the extent of mynotes. Please advise ifyou need anything else. EMS
From:Keller, Mary Beth (EOIR)
Sent: Wednesday, March31, 2010 9:52 PM
To: Sukkar, Elisa(EOIR)
Cc:Moutinho, Deborah(EOIR)
Subject: Re:Chapa
Great. No need for formal. But the dates wld be good. :)
Sent from my BlackBerry WirelessDevice
1
From: Sukkar, Elisa(EOIR)
To: Keller, Mary Beth (EOIR)
CC:Moutinho, Deborah(EOIR)
Sent: Wed Mar 3119:59:38 2010
Subject: RE:Chapa
MTK:
Both cases were addressedwith the IJ. We gave him the decisions.We discussed twice. These cases were included as
part of his PWP reviewwhich we did in Jan/Feb 2010. We read the comments together and we went over the comments
in the BIA decisionand the transcripts. He was very receptive. I talked to him about getting agitated on the bench and to
give himself more time if he feels pressured by his Masters.
There had been an attorney inquiring as to howto complain about the IJ. I providedthe informationto the attorney. I do
not know if she filed a formal complaint since r have not received any complaints from OCIJ on the IJ. But her comments
to me were addressed with the IJ neverthelessand the fact that she was newto the case and instead of granting a
continuance, he gave her 10 minutes to go outside and prepare herself to address the charges. Iexplained that there is
no need to rush these things. All of this was discussedwith the IJ during the informal PWP review.
I will write a formal memo to you tomorrow with more details asto dates.
Thanks. EMS
From: Keller,Mary Beth (EOIR)
Sent: Wednesday,March31, 2010 6:04 PM
To: Sukkar,Ellsa(EOIR}
CC: Moutinho, Deborah(EOIR)
Subject: RE:Chapa
Same thing with Enamoradosent to you on Jan 07.
Tx.
mtk
From: Keller, Mary Beth(EOIR)
Sent: Wednesday,March31, 2010 6:03 PM
To: Sukkar,Elisa(EOIR)
Cc:Moutinho, Deborah(EOIR)
Subject~ Chapa
Elisa,
I have the Matter of Miguel Jose from BIA that went to you on Jan 6, and an email saying you were going to talk to the
judge on Jan 08.
What is the resolution of this one?
Tx.
mtk
:M.ar9:/.BetliXe{fer
Assistant Chief Immigration Judge
EOIR/OCIJ
703/305-1247
mary.beth.keller@usdoj.gov
2
EOIRFOIA Processing(EOIR)
From: Burr, Sarah (EOIR)
Sent
To:
Wednesday, March 17, 2010 2:34 PM
Keller, Mary Beth (EOIR)
Subject: Alan Page updates
t had Felicia fax a copy of a federal civil rights action filed against Alan Page by a detainee by the name of Jeromi H.
Bazuaye. It was sent to Deborah's attention. I read it and it does not look worrisome to me, but I'm no expert on that type
of claim. Marta Rothwarf has been in touch with Judge Page about this matter.
Regarding a complaint made about Judge Page by Prince A.Z.K. Adekoya, another detainee, the original letter I sent him
in February has been returned. I have reviewed the ROP and the same allegations he makes were made in an appeal to
the BIA. The BIA dismissed his appeal a few weeks ago. I am sending you a copy of the letter that is going out to Mr.
Adekoya, who we located at Hudson County Jail in New Jersey. Basically, I did not find his allegations to be substantiated
by the record. However, having reviewed the record, I will speak to Judge Page about some of his comments on the
record.
Sarah M. Burr
A-,sist.antChief Immigration Judge
26 Fe1foraJPlaza
N~w York, X Y.
1
EOIR FOIA Processing (EOIR)
From: Sukkar, Elisa(EOIR)
Sent:
To:
Wednesday, June 01, 2011 6:33 PM
Keller, Mary Beth (EOIR)
Subject: RE:Request for decision in motion to suppress evidence in removal proceedings of
A1
MTK:
I have not. I did ask the IJto park inside our secure parking area. As to the e-mails from this respondent, indicated
deletes them without reading them.
I spoke to the CA today about this again. I may have added security in the courtroom when the case is being heard.
EMS
-----Original Message-----
From: Keller, Mary Beth (EOIR)
Sent: Wednesday, June 01, 201111:04 AM
To: Sukkar, Elisa (EOIR)
Subject: RE:Request for decision in motion to suppress evidence in removal proceedings of A
Elisa,
Did you hear back from the CUon this?
mtk
-----Original Message-----
From: Sukkar, Elisa(EOIR)
Sent: Thursday, May 26, 2011 6:51 PM
To: O'Leary,Brian(EOIR)
Cc:McGoings,Michael(EOIR);Keller,Mary Beth(EOIR)
Subject: FW: Request for decision in motion to suppress evidence in removal proceedings of A
Dear Judge O'Leary:
I need your guidance on this matter. The e-mails below are from a respondent before IJ He has written to the
IJConduct box and writes to the IJdirectly. I have written to him through the IJConduct box and I have asked him to
refrain from communicating with the IJin this manner. The Respondent continues to do so. I have asked Judge
not to respond to his e-mails.
I believe this now amounts to harassment of the IJ.The respondent uses language that is intended to intimidate the IJ.
His tone is aggressive and confrontational. There have not been any threats to the IJ'ssafety. He does acknowledge in
the e-mails below, which he sent to the IJdirectly, that he has placed 11 and then 20 calls to the court to inquire asto
the status of his case or his motions. I do not believe that anyone that places 20 calls on a pending matter to be rational.
1
M~uttnlo, Deborah (EOIR)
From: Smith, Gary (EOIR)
Sent: Friday, December 17,2010 8:38AM
To: Moutinho, Deborah (EOIR)
Subject: RE Reports
418 is legal.
From: Moutinho, Deborah(EOIR)
Sent: Wednesday,December15, 2010 4:00 PM
To: Smith, Gary (EOIR)
Cc:Keller, Mary Beth (EOIR)
Subject: Reports
Hello Judge Smith
Attached is an executiveSummaryof the complaints fromyour courts. Pleasecategorizethe complaints
that are highlighted. VVhensending this informationor any other informationto updatethe complaints
listed pleaserefer to the complainttable Index number so the informationcan be accurately updatedinto
the data base.
I haveattached the complaint nature list for your convenience. Please let me know if you have any
questionsor require additionalinformation
Thank you
Deborah
From: Keller, Mary Beth (EOIR)
Sent: Wednesday,December15, 2010 3:36 PM
To: Keller,Mary Beth (EOIR); Burr, 5arah (EOIR); Dean,Larry R. (EOIR); Dufresne,Jill (EOIR); Fong,
Thomas(EOIR); Romig,Jeff (EOIR); Smith, Gary (EOIR); Stockton, Bette (EOIR); Sukkar, Elisa(EOIR);
Weil, Jack (EOIR)
Cc: Moutinho, Deborah(EOIR); McGoings,Michael(EOIR); Kelly, Ed(EOIR)
Subject: RE:Reports
All,
Regardlessof whether we get this quarter'scomplaints resolved before the next posting of quarterly
statistics in January, as I mentionedat our staff meetingthis week, we absolutely must have each
1
complaintcategorized,ie. you need to identifythe nature of the complaint to Deborah. She will send
those of you with complaintscurrently "uncategorized"your reports. If Pleaseadvise asap regardingthe
natureof those complaints. If you do not hear from Deborah,we have what we need from you...for now!
Thanks very much.
mtk
From: Keller, Mary Beth (EOIR)
sent: Tuesday, November30, 2010 6:01 PM
To: Burr, Sarah(EOIR); Dean, Larry R. (EOIR); Dufresne,Jill (EOIR); Fong,Thomas (EOIR); Kelly, Ed
(EOIR); Romig,Jeff (EOIR); Smith, Gary(EOIR); Stockton, Bette (EOIR); Sukkar, Elisa(EOIR); Weil, Jack
(EOIR)
Cc: Moutinho, Deborah(EOIR); McGoings,Michael(EOIR)
Subject: Reports
ACIJS-
As promised,this week Deborahwill be sendingyou your complaint reportsfor:
(1) The first quarter of fy 2011. Stats for this time periodwill be postedthe first week in January.
You should see a listing of all of your matters, open and closed, alongwith an individualdetail
12/20/2010
~crem1on each of those complaints that remain open. That way you can see the last action item on any open complaint in the
.. complaint history, and whether you need to provide the brief narrative and/or complaint nature to Deborah, as well as any
updates or resolutions.
{2) FY 2010. If you have any complaints still open from this time frame, Deborah will send you the detail reports for any
updates.
(3) FY 2009. Same. I think there are actually only 3 of these, which I have already contacted individual ACIJs about, but, this
will be your reminder of what those are, and that we still need information. (LRD: ignore any open reports on your judge who
is currently off the bench as those are in motion for resolution and ok to remain open).
Thanks very much all,
mtk
_'Mary'Betfi _1(e«er
Assistant Chief Immigration Judge
EOIR/OC[J
703/305-1247
mary .beth.keller@usdoj.gov
12/20/2010
Moutin~o, Deborah (EOIR)
From:
Sent:
To:
Subject:
Smith, Gary (EOIR)
Monday, December 20, 2010 10:36AM
Moutinho, Deborah (EOIR)
FW: Reports
Attachments: complaint nature list.doc; Judge Smith.pdf
Deborah,418 (Evans) is due process and 400 and 414 (Riefkohl) are in-court conduct.
From: Moutinho, Deborah(EOIR)
Sent: Wednesday,December15, 2010 4:00 PM
To: Smith, Gary (EOIR)
Cc:Keller, Mary Beth (EOIR)
Subject: Reports
Hello Judge Smith
Attached is an executive Summary of the complaints from your courts. Please categorize the complaints
that are highlighted. When sending this information or any other information to update the complaints
listed please refer to the complaint table Index number so the information can be accurately updated into
the data base.
I have attached the complaint nature list for your convenience. Please let me know if you have any
questions or require additional information
Thank you
Deborah
From: Keller, Mary Beth (EOIR)
sent: Wednesday,December15, 2010 3:36 PM
To: Keller, Mary Beth (EOIR); Burr, Sarah(EOIR); Dean,Larry R.(EOIR); Dufresne,Jill (EOIR); Fong,
Thomas{EOIR); Romig,Jeff (EOIR); Smith, Gary (EOIR); Stockton, Bette (EOIR); Sukkar, Elisa(EOIR);
Weil, Jack (EOIR)
Cc: Moutinho, Deborah(EOIR); McGoings,Michael(EOIR); Kelly, Ed (EOIR)
Subject: RE: Reports
All,
Regardless of whether we get this quarter's complaints resolved before the next posting of quarterly
statistics in January, as I mentioned at our staff meeting this week, we absolutely must haveeach
complaint categorized, ie. you need toidentifythe nature of the complaint to Deborah. She will send
those of you with complaints currently "uncategorized"your reports. If Pleaseadvise asap regardingthe
nature of those complaints. If you do not hear from Deborah,we have what we need from you...for now!
Thanks very much.
mtk
From: Keller,Mary Beth{EOIR)
sent: Tuesday, November30, 2010 6:01 PM
To: Burr, Sarah(EOIR); Dean, Larry R. (EOIR); Dufresne,Jill (EOIR); Fong,Thomas (EOIR); Kelly, Ed
(EOIR); Romig,Jeff (EOIR); Smith, Gary(EOIR); Stockton, Bette (EOIR); Sukkar, Elisa(EOIR); Weil, Jack
(EOIR)
Cc:Moutinho, Deborah(EOIR); McGoings,Michael(EOIR)
Subject: Reports
ACIJS-
As promised, this week Deborahwill be sending you your complaint reports for:
(1) The first quarter of fy 2011. Stats for this time periodwill be posted the first week in January.
12/20/2010
You should see a listing of all of your matters, open and closed, along with an individual detail screen on each of those complaints
• tliat remain open. That way you can see the last action item on any open complaint in the complaint history, and whether
• you need to provide the brief narrative and/or complaint nature to Deborah, as well as any updates or resolutions.
(2) FY 2010. If you have any complaints still open from this time frame, Deborah will send you the detail reports for any
updates.
(3) FY 2009. Same. I think there are actually only 3 of these, which I have already contacted individual ACIJs about, but, this
will be your reminder of what those are, and that we still need information. (LRD: ignore any open reports on your judge who
is currently off the bench as those are in motion for resolution and ok to remain open).
Thanks very much all.
mtk
:M.a.ry'BetliXe{[er
Assistant Chief Immigration Judge
EOIR/OC(J
703/305-1247
mary .beth.keller@usdoj.gov
12/20/2010
Jtinho, Deborah (EOIR)
)01: Keller, Mary Beth (EOIR)
,nt: Monday, January 10, 2011 10:51 AM
.>: Fong, Thomas (EOIR)
;c: Moutinho, Deborah (EOIR)
Subject: RE: IJ training - conduct of hearing - Paiz Cruz v. Holder, CA9 No. 06-73048
rom,
This one looks to me like Intake appears to be "in court, due process.~ And I think its conclusion would be
- corrective action already taken -i.e., the December 2007 training. The BIA decisions actually both pre-
date the training, so the IJ decisions pre date even those! Let me know if that is correct from your
review. Deborah is out for the rest of the week, so, need to clarify this asap - thx.
mtk
From: Fong, Thomas (EOIR)
Sent: Wednesday, January 05, 20111:00 PM
To: Keller, Mary Beth(EOIR)
Cc:Fong, Thomas (EOIR)
Subject: RE: U training -- conduct of hearing -- Paiz Cruz v. Holder, r.A9 No. 06-73048
Mary Beth, I have the ROP and I have also reviewed the gih Cir. remand, BIA's affirmance of IJ Ho's
decision, aswen as her oral dee. I am still in the process of reviewing the transcript. But you stated below
that we should "talk about the form before you do it." I am available anytime after 4:00pm your time
because I have two meetings set up, one to start in 5 minutes with LOS FOD and CC Stolley on our
Detained Calendars and the new OC and Adelanto Detention facilities as well as Expedited Hearings on
former Stip Removals; followed up by a meeting for counseling with IJ Munoz on her five matters. Tom
Thomas Y.K. Fong
Assistant Chieflmmigration Judge
Immigration Court/EOIR/DOJ
606 South Olive Street, 15th Floor
Los Angeles, CA 90014
(213)894-28I I
thomas.fong@usdoj.gov
From: Keller, Mary Beth (EOIR)
sent: Wednesday, November 24, 2010 10:51 AM
To: Fong, Thomas (EOIR)
Subject: FW: IJ training -- conduct of hearing -- Paiz Cruz v. Holder, r.A9 No. 06-73048
Tom,
This came to Jack - but, seems to make sense that you fold this into any conversation you are having
with Judge Ho on the other case that recently came back. I know that these are oldies, i.e., pre date her
training. We will need to track this; but let's talk about the form before you do it.
mtk
From: Beier,Bryan (QV)
sent: Friday, November 19, 2010 3:57 PM
To: Weil, Jack (EOIR)
Subject: IJ training -- conduct of hearing -- Paiz Cruz v. Holder, r.A9 No. 06-73048
Judge Weil,
At the request of OILdirector Thom Hussey, I'm e-mailing you pursuant to Oil's immigration
judge training initiative to bring to the above-referenced case to your attention. The dispositive
1/10/2011
NOV-16-2012 12:47 !MIGRATIONCOURT
.. &.&&.&Ii
'
From:auramarializcano.(alizc.ano84@yahoo.com)
To: captainlaw@bellsouth.net;
Date: Thu,September6,2012 7:41:50 PM
Cc: i ·
Subject: Fwd:ARANGdTABARES/VICTORIAEUGENIA22 EPBHMATL
Sent frommyiPhone
Begin forwardedmessag~.
Fro V. • T' I Mar Aire ' ' ~ '1m: iaJes ieaa <ua1estma:a1.~mai.com>
Date: September SJ20124:58:51PMCDT
To: ali7..can284@:taboo.com
Snbjcet: ARANG' TABARES/VICTORIA EUGENIA I2SEP BBM ATL
Thi~ doeum.ent 1J automatically gene:ated,
Please do not re~pond to this Nil.
I
AG!.NCIADE VIAJES TIERRAMARAJ:Sf:
690 HOLCOMBSlUOGERD. STE I 100
5SEPTEMBER12
G REF YSHHSC
P.008
.l 4!)I L Ul. ~
ROSWELLGA 30076
UNITEDSTA~ESoi' A TABMES/VICTORIAEOGENI
TELEPHONE:404 09-9670 OODGLASR
~~~~;-~i~r=~~-;:;;;··-------:~----------+--------~~:~=~ ~~=~-SAT. 22SEP :SINf.ENGHAK AL. AXIJNTA. GA 0-91SA 11 l OA
I
Sl'RMINGHAM HARTSFIELDJ I<SON
NON STOP I TERMINAL S DORAl'ION O:55
NONSMOKING
RtStRVATION CONFIRMED- T ~CONOMY
EQUIPMENT:BOEING(DOUGLAS)MJ.>,,88
tTS 26E/260 NO SMOlCINGCONFIRME
DELTAAIR LINES!_ OL 3Sl3
SA'l' 22SEE' A~IJN'I'A GA MONTR£ALQC 1205P O~StiP
HARTSFIELDJACKSON 1;>TRODEA'OINTL
l
RMINALINTL l DURATION2: 31
· NONSMOKING
SERVATIONCONFIRMED- T ECONOMY
:Ejt.IGHTOPERATEDBY PINNACLEDBAD LTA CONNECTION
NON STOP
A!IRCRAFTOWNER :9E PiloLE AIRLINES
EpCIPMENT:CANADArRREGI0NA1..JET~ 0
S'f:A'l'Sl5A/l9D NO SMOKINGCONFI~
DELTAAIR LINESr1 DL •• ,g 1
SUN 30Sl;i' N'1'B.l:2L QC ATLANTA GA 1
T~UD.£ll0INTL HARTSFlELOJACKSON
NONSTO'P ' TE'RMINALINTLI
RESERVATION.CONFIRMED- T ECONOMY!
 
'
• I .... - o.
Q60.6P 0900F
DURATION2:54
NONSMOKING
, "11 1 nn, .,
--
...
..,
-,
--
Mary 819th,
Mary Beth,
Please see my proposed response.
If you like, could this response be through the Complaint website? Alternatively, I can
send hardcopy today. Or maybe both.
I know you are going on vacation. Are you in the office today?
LRD
-----Original Message-----
From: Keller, Mary Beth (EOIR)
Sent: Wednesday, April 13, 2011 4:00 PM
To: Dean, Larry R, (EOIR)
Subject: RE: URGENT ISSUE REGARDING DETAINED CLIENT IN EL PASO, TEXAS
Larry,
I think you should respond to this and advise that most of the below relates to matters
within DHS purview which we cannot address. (As a side note, this seems to be the practice
that NAIJ has complained about to me, i.e., that in some places, DHS is not setting
initial bonds, leaving that to the IJ, and they think that is wrong --- see above email
exchange w/ notes from Brian). Regarding the matters that relate to EOIR: (1) scheduling
of the bond redetermination hearing; your review has not found anything out of order, and
(2)G-28 is not an EOIR 28; note that we don't currently have an EOIR-28 on file.
And anything else you think appropriate.
My 2 cents.
mtk
-----Original Message-----
From: Dean, Larry R. (EOIR)
Sent: Wednesday, April 13, 2011 4:06 PM
To: Keller, Mary Beth (EOIR)
Subject: FW: URGENT ISSUE REGARDING DETAINED CLIENT IN EL PASO, TEXAS
Mary Beth,
I spoke with the CA about this. The individual who called the court was so rude that the
legal assistant who dealt with the caller made a memo as soon as the conversations were
over,
In stmunary version, the people called to complain. The legal assistant spoke with them
and explained how bonds are set and that the respondent would be set to the next available
bond slot but that there were other bond requests ahead of this one. Since this did not
sati$fy the caller, the legal assistant then spoke with the IJ. The IJ said that he felt
that it would be unfair to schedule this person ahead of others who had earlier pending
requ~sts. The initial master is set for 4/21, and the caller was so informed. The next
available bond date is probably 4/20. So, both the initial and the bond are set for nF-xt
week.
I looked in CASE. The respondent has no counsel of record.
filed a G28 with DHS, that is not an appearance before EOIR,
this is not the attorney of record.
If the respondent's attorney
So--at least at this time--
As additional background, OHS issued the NTA on 4/8 and filed that with the court on 4/12.
On 4/12, the initial was set for 4/21. Frankly, that is pretty impressive. A bond
hearing on 4/20--if that can be accomplished--is well within CCGs.
No one at the court has been rude to this person. My reports are that the staff acted
professionally and calmly and told the caller that they would not argue with her and gave
her the information regarding how bonds are set and that the respondent would, within that
system, receive the next available date. We're hoping that is 4/20.
2
Moutinho, Deborah (EOIR)
From: Kelly, Ed (EOIR)
Sent: Monday, August 22, 2011 5:08 PM
To: Moutinho, Deborah (EOIR)
Subject: RE: Status of Open Complaints in the Database
Bain #524 is complete- oral counseling on 8/22/2011. Don't I owe you more paperwork on that one?
Thanks, -Ed
From:Moutinho, Deborah (EOIR)
Sent: Monday, August 22, 20111:13 PM
To: Kelly, Ed (EOIR)
Subject: RE:Status of Open Complaints in the Database
Thank you for your quick reply, I will close out# 519 as oral counseling on 8/17
Deborah
From:Kelly,Ed(EOIR)
Sent: Monday, August 22, 20111:12 PM
To: Moutinho, Deborah (EOIR)
Subject: RE:Status of Open Complaints in the Database
Deborah,
# 519 -- IJ Couch -- is done - oral counseling on 8-17-11.
# 524 Bain will be done as soon as I talk to her this week (she's off to York on detail but I'm going to give
her a call.) Cheers,
-Ed
From:Moutinho, Deborah (EOIR}
Sent: Monday, August22, 20111:07 PM
To: Kelly, Ed (EOIR)
Cc: Keller, Mary Beth (EOIR)
Subject: Status of Open Complaints in the Database
Good Afternoon ACIJ Kelly
Per ACIJ Keller's request I am sending you a summary report of all open complaints from your courts
currently in the database along with detail report that shows you the specifics concerning each of the
open complaints.
After reviewing the reports please let me know ifthere are any updates and or resolutions to the open
complaints - no need to complete a new complaint intake sheet just send me the update along with the
corresponding complaint number found on the left hand side of the summary report.
Please let me know if you have any questions or require additional assistance.
Thank you
Deborah
Staff Assistant
Office of the Chief Immigration Judge
Executive Office for Immigration Review
(703) 605-1389
' 8/24/2011
Moutinho, Deborah (EOIR)
From:
Sent:
To:
Cc:
Sukkar, Elisa {EOIR)
Wednesday, September 07, 2011 5:28 PM
Keller, Mary Beth (EOIR)
Moutinho, Deborah (EOIR); McGoings, Michael (EOIR)
Subject: FW: AttorneyCharles Sibley
DearMTK:
Enclosed you will find Judge Ford's response to the complaint filed by Mr. Charles Sibley. Please read the
decision from US District Judge Michael Moore where he actually discusses sanctions against Mr. Sibley
for his multiple appeals to them when they do not have subject matter jurisdiction.
The Writ of Habeas in the other matter Mr. Sibley refers to was also dismissed but Iwill confirm with Rico
Segocio.
Iwill fill out the form and close this matter with a dismissal with today's date Sept. 7, 2011.
Thanks.
EMS
From:Ford, Rex(EOIR)
Sent: Wednesday, September 07, 2011 3:04 PM
To:Sukkar, Elisa (EOIR)
Cc:Ford, Rex (EOlR)
Subject: Attorney Olarles Sibley
Dear EMS:
Embedded in this e·mail is an abstract of an order from the Honorable K. Michael Moore, U.S. District
Court, Southern District of Florida regarding Attorney Sibley's frivolous conduct regarding numerous
motions and petitions in Bathazi v. U.S. Dept of Homeland Security, Case No. 09-22392-CIV-
Moore/Simonton (Nov. 2, 2009).
http://www.joffelaw.com/caselaw/2009/11/02/bathazi-vs-us-department--of·homeland-security-<::ase-no-09-
22392-civ-mooresimonton-november-2-2009/
I have reviewed the complaint and there is simply no merit to it. The first case to which he refers has to
do with one of the Florida Language Institute "Students~. He was attempting to get the person released
on a bond and there was credible evidence that the "student" was working on an F-1 which would have
made him ineligible for reinstatement. This occurred last April and I was on leave. He cam around the
Court trying to get Judge Dowell to overrule my no bond order and instead of simply waiting for a decision
upon my return he filed a Habeas action. Upon my return I scheduled another bond hearing and he went
on for hours. I put off a decision and instead he wanted voluntary departure at the end of the hearing-
case closed.
For the current matters, the records are self explanatory. Both respondents had two attorneys before
him. Mr Sibley never entered an appearance before their final hearing on 6/22. Rather he filed a bond
motion (two I believe) and the aliens were under a final order. He submitted a number of filings which had
to be returned becc1usethey were not in proper order. Finally he submitted a motion to reopen/stay for
both which were opposed by OHS and accordingly denied by me. He insists that he filed some
application with USCIS, but no copy was submitted to the Court . In my decision he was cited to the
regulation that gives exclusive jurisdiction to adjudicate applications to the IJ when the alien is in
proceedings. 8 C.F.R. 1208.2 (b) and appeared to ignore it. Strangely, he finally submitted an application
for the female respondent but it was one dated 8/9/2011. There was no actual evidence in the form of a
previously filed application furnished. OHS opposed all of the motions in writing and I rendered timely
decisions.
Sincerely,
RJF
9/8/2011
To: Keller, Mary Beth (EOIR)
Cc:)1outinho, Deborah(EOIR);McGoings,Michael(EOIR)
Subject: FW:Attorney CharlesSibley
Dear MTK:
Enclosed you will find Judge Ford's response to the complaint filed by Mr. Charles Sibley. Please read thedecision from US
District Judge Michael Moorewhere he actually discussessanctions against Mr. Sibleyfor his multipleappeals to them when they
do not have subject matterjurisdiction.
The Writ of Habeas in the other matter Mr. Sibley refers to was also dismissed but Iwill confirmwith Rico Segocio.
I will fill out the farm and close this matterwith a dismissal with today's date Sept. 7, 2011.
Thanks,
EMS
From: Ford, Rex(EOIR)
Sent: Wednesday,September07, 2011 3:04 PM
To: Sukkar, Elisa(EOIR)
Cc:Ford, Rex(EOIR)
Subject: Attorney CharlesSibley
Dear EMS:
Embeddedin this e-mail is an abstractof an order from the HonorableK. Michael Moore, U.S. District Court, SouthernDistrict of
Florida regardingAttorney Sibley's frivolous conductregarding numerous motionsand petitions in Bathazi v. U.S. Dept of
HomelandSecurity, Case No. 09-22392-CIV-Moore/Simonton(Nov. 2, 2009).
http:1/www.joffelaw.com/caselaw/2009/11/02/bathazi-vs-us-department-of-homeIand-security-case-no-09-22392-civ-
mooresimonton-november-2-2009/
I have reviewedthe complaintand there is simply no merit to it. The first case to which he refers has to dowith one of the Florida
Language Institute"Students". Hewas attempting to get the person releasedon a bond andthere was credibleevidencethat the
"student"was working on an F-1which would have made him ineligible for reinstatement. This occurred last April and I was on
leave. He cam around the Court trying to get Judge Dowellto overrule my no bond order and insteadof simply waiting for a
decision upon my return he filed a Habeasaction. Upon my return I scheduled another bond hearingand hewent on for hours.
put off a decision and instead hewanted voluntarydepartureat the end of the hearing--<;aseclosed.
For the current rnatters,the records are self explanatory. Both respondentshad two attorneys before him. Mr Sibley never
entered an appearance beforetheir final hearing on 6122. Rather hefiled a bond motion(two 1believe)and the aliens were under
a final order. He submitteda numberof filings which hadto be returned becausethey were not in proper order. Finally he
submitteda motionto reopen/stayfor both which were opposed by OHSand accordinglydenied by me. He insists that hefiled
someapplicationwith USCIS,but no copy was submittedto the Court. In my decision he was cited to the regulationthat gives
exclusivejurisdiction to adjudicateapplicationsto the IJ when the alien is in proceedings.8 C.F.R. 1208.2 (b) and appearedto
ignore it. Strangely, hefinally submittedan applicationfor the female respondent but it was one dated 8/9/2011. There was no
actual evidence in the form of a previouslyfiled applicationfurnished. OHSopposedall of the motions inwriting and I rendered
timely decisions.
Sincerely,
RJF
9/13/2011
Jan 06 2012 2:15PM HP LASERJET FAX
: ~eisel, Robert (EOIR)
, ·,From: Keller, Mary Beth (EOIR)
·Sent: Friday, January 06, 2012 9:49 AM
To: Weiser,Robert (EOIR)
SubJact:RE: Complaint Master Calendar December 28, 2011
p.4
Pagel of 4
You are funny - fortunately, most of this won't be typed in the future, just crazy this week and figured it's
easier to have it in hand at the beginning.
Got your other emal1as well, and yes, close out Cheng, Mulligan and Chew per our com1ersationearlier.
; ....I wlll send you our definition of ~complaint" - you've never seen it be it's bureaucratie gobbledygook.
Bottom line:it's pretty wide in order for us to capture any possible issues and handle/get rid of tt,em
asap. That bQingsaid, f don't think we should "create" a complaint about Vomacka whem one really
doesn't exist. itwas simply a piece of the review you did relating to another judge and there isn't a
problem. Just keep a record, because when someone comes calling alleging impropriety. especlally
. since Judge Vomacka has had his Cfitics, we have our answer readily avallable .
. ,~,._lX,
"mtk
f .
From: Weisel, Robert (EOIR)
··sent:Thursday, JanuaryOS,2012 6:04 PM
To:KellerrMaryBeth(EOIR}
SUbJed::RE:C.omplaintMasterCalendarDecember28, 2011
I just spoke to Judge Cheng.She said she heart! her legal assistant, Summie Gomez ask the complainant
as per her instructions, whether she had a case, The person said no and also replied she just wanted to
observe a h&aring. Summie said ok and the woman remained in Judge Cheng's courtroom until the end
, of the docket. I spoke to Judge Vomacka and he verified Judge Cheng's rendiflon. I want to give you a
·.. little more detail regaroing Judge Vomacka. First of all, Itwas an asylum case. Secondly, Judge Vomacka
·; sak.l the woman appeared agitated, and walked up to the front of the courtroom,sat down right behind the
, gate. Judge Vomaoka stated he asked the woman ff he could help her. She repeated her request to
:observe. Vomacka explained asylum hearings in some cases are confidential and needed to seek the
assent of the respondent to her presence. The judge used the interpreter. Vomacka could not recaU
-whether the respondent's attorney asked he client whether he wanted to consent or whether the judge
_:asked the respondent himself through the interpreter. Regardless, the respondent did net want the
. complalnant In the courtroom. Judge Vomacka told the complainant that she would have to leave but said
. there may be other hearings she could observe. At that point, the complainant said the judge should be
fired at that point and left. Should I still fax a an IJ intake complaint form and ifso, may I dismiss thisas
dispn:,ven? Bythe way,I don't want to quit, fn fact. I am convinced this will vastly Improve mytyping skills .
.Qn a serious note, than leyou for aft your assistance.
·sob
Robert D. Weisel
Assl&tant Chtef Immigration Judge
26 Federal Plaza- Suite 1237
NY, NY 10278
From: Keller,MaryBeth {EOIR)
·$t=nt: 11ursday, January 05, 2012 4:57 PM
To: Weisel, RDbert(EOIR)
Ce: Moutlnho, Deborah (EOIR}
SUbJed: RE:C.OmplaintMasterCatendarDecember28, 2011
1/6/2012
~an 06 2012 2:15PM HP LASERJET FA:.:
p.5
Page2of 4
Ok. Another good one for the here's- how- it- always - happens book: you look into one thing and find another
twol .
First, on the Cheng issue, 1tsounds like thls didn't happen on the record then, so you may want to ask the legal
.assistant what was said (we've had legal staff stating the open/closed hearing policyin a less than clear way to
the public in other situations) just to be sure there isn't anissue there. But, you are correct on the disposition(s) -
and of course they are often iweeners· as Larry Dean would say. But, we have to picl< one. In this circumstance
!would go with "disproven· since if it was anyone Who may have misstated something 4tapparently wasn't the
fUdge.
Meanwhile, since lega~staff are afso in your court, you probably neeato just check in on that per the above.
AND, I thlnk you need to tatk to Judge Vomacka. Especially given this person's apparent mission, and other
~sons as wetl, I think we need to make sure Judge Vomacka is in the clear. That is, I think Lt'sworth a quick
conversation with him as to what transpired, and why he closed the hearing. 1am assuming itwas an asylum
case, since everything else Should generally be open, but we should find out.
Again, give me a buzz if you want to talk about.
I hope you don't want to quit yet!
·mtk
From:Weisel,Robert {EOIR)
Sent: Thursday, January OS, 2012 4:01 PM
To: Keller, Mary Beth (EOIR)
Cc: MoutJnho,Deborah(EOIR)
Subject: RE: c.ompla!ntMaster Calendar December 28. 2011
.Mary Beth:
l spoke to Judge Cheng. She recalled on that date at the time indicated in the complaint, she was addressing a
pro se respondent who happened to be the last person taken on her docket that morning. The complainant
walked in and sat down. Having no further matters on her calendar that moming, the judge asked her legal
·assi,tant to inquire of the complainant whether she had a matter before Judge Cheng. The complainant said she
.did not and then walked out of courtroom. Judge Cheng advised she had no words at all with the complainant and
did not disallow her to be in her courtroom.Judge Cheng informed me that Judge Vomacka told Judge Cheng that
the complainant walked into his courtroom which is adjacent to hers. The complatnant requested Judge Vomacka
allow her to sit and observe his hearing. Judge Vomacka asked the parties for permissiOf' to allow the
complainant to obseNe, the respondenfs counsel objected. Judge Vomacka advised the complainant and asked
her to leave. Judge Cheng reports Judge Vomacka was told by the complainant he should be fired because of his
decision and then left his courtroom. First of all, would you like me to fax an lJ Complaint Intake Fonn to you.
Secondly, taking the pop quiz, I would choose either complaint dismissed, as frivolous or complaint dismissed
because it was disproven. { I am hedging my bets)
Bob
RobertD. Weisel
Assistant Chief Immigration Judge
26 Federal Plaza- Suite 1237
NY, NY 10276
From: Keller, MaryBeth (EOlR)
Sent: Thursday, January 05, 2012 11:52 AM
To: Weise!, Robert (EClIR)
Subject: RE; Complain
Bab,
No problem - that is whatwe are all here for, esp mein this context! I Just looked at the date and pulled up her
1/6/2012
_2an 06 2012 2:16PM HP LASERJET FAX
p.S
Page 3 of4
calendar Justto see what was on that day since he gave us a date and time but not an A#. And yes,absolutely
there are some complaints that are so frivok,us we don't speak to the judge at least on the front end. We do
advise the Judge(absent a valid) reason not to that a complaint came Jnand we closed it out as Mvolous or
meritless once wed0 that, so that the judge knows. NA1Jwas really acamant about this. i.e., that judges should
be Inttie loop, though we fett we didn't want to bother judges Insome instances. As you wiltsee, managers deal
with a rotof •junk"! But, if judges see we are aismissing ujunk"out of hand, that should show them that we have a
credible process for weeding out the valid concerns from the meritless.
Mtk
From:Weise1,Robert (EOIR)
sent: Thursday, January 05, 2012 11~43AM
To: Kellee-,MaryBeth(EO[R)
SUbJect: RE:Complain
Thank you, Mary Beth. That's what a learning curve is all about I did not knOWthat this wasa Master and
a9-Sumedtt was an tndMdua. I put a cal into MaJYand w19et back.tn you.Sarai"advised me that there are
some complaints that are so frivolous that she does not even speak to the judge. However, I would agree with
you, ifthis is a master, then it raises my antenna. Itwould be out of the ordinary to bar anyone from the court
room at a master absent certain uniq1,1esituations.
Bob
Robert D. Weisel
._AssistantChief Immigration Judge
.26 Federal Plaza- Suite 1237
1J"Y,NY 10278
from: Ke!ler,Mary Beth {EOJR)
.Sent: Thursday, January 051 2012 10:35 AM
-.-To~Weisel,Robert (EOIR.)
Subjett: RE:c.omplan
Bob,
I am betting 'thatyour response below will be appropriate. But, before we send it, did youtalk to the judge? I see
that the judge had a master calendar that day and withoutfurther Information from the complainant It's not clear
why a member of the public would be excluded, though you and I can think of many reasons. As you know, we
have had a lot of court watchers lately, esp in NYC, and, we have had some other issues with misinformation
being provided to the public regarding whether hearings are open or not
I'd suggest either a quick listento the cruseson the master that day or a quick conversation w/ th.ejudge if you
haven't had one already to find out if $he recalls this, and tf so, what transpired. That way we have our facts .
Ifshe doesn't recall, or there's nothing on the OAR, then wedo your response - I would then suggest one minor
addition - see below.
Pop quiz: what would the dismissal or conduslon be? @
Let me know what you think re all of the above.
mtk
From:Weisel, Robert (EOlR)
Sant Thursday, January OS,2012 10:04 AM
To: lJConduct,.EOIR(EOIR)
CC::Keller, Mary Beth (EOIR}
subject: RE: Complain
I am In receipt of your complaint dated January 4th 2012. 8 Code of Federal Regulations 1003.27 (b) confers upon
the Immigration Judge the authority in certain circumstances to s ••• limit attendance or hold a dosed hearing".
Without further Information, I conclude basedtlf'61'1the iMfer1T1etion,,,~eeel,Judge Chen ctidnothing
inappropriate in the performance of her Judicial duties.
1/6/l012
February 6, 2012
MEMORANDUMFOR RECORD
FROM: Gary W. Smith, Assistant Chief Immigration Judge
SUBJECT: Complaint from Mr. Anthony Dinh, Attorney Advisor, Arlington Immigration
Court
1. Mr. Anthony Dinh, Attorney Advisor, Arlington Immigration Court, talked with me by
phone on February 2, 2012, and asked if he could come see me to talk with me about something.
I didn't know what it was he was concerned about but told him to come on February 6
th
• He
came over on February 6th
about 11:00 am. He expressed some reluctance about talking and said
it pertained to ethical issues at the Court. I told that if it pertained to the Court, I needed to know
about it. He then related the following:
a. LaSheila Grant is accepting gifts, Starbucks coffees and pastries, and gives attorneys
favoritism on scheduling cases. They cal) her directly, sometimes on her personal cell
phone, rather than going to the receptionist. He received a call from an attorney in the
New Year about a juvenile hearing date. He checked it and the attorney is not listed
as the attorney of record, and he told the attorney he couldn't give him the
infonnation. The attorney asked him to refer him to LaSheila He said this happened
over a course of time.
b. Judge Burman has been falling asleep on the bench. Last year, several months ago,
there was a commotion in the waiting room. A family member said the judge was
sleeping. He and the security guard looked and sure enough, Judge Burman was
asleep on the bench. The security guard told LaSheila, and LaSheila woke the judge
up. She told him and the security guard not to tell anyone. The security guard, Max,
said LaSheila wanted to keep it "hush hush." Judge Burman granted the respondent
relief, and there wasn't an appeal. He said he will try to identify the date.
c. The intern heard on DAR a case where the DHS counsel accused Judge Burman of
sleeping on the record, and he thinks this happened during cross-examination. He
said that he would provide me the Alien number (he later provided the name: Moffy
Lumanisa Bikooni, A200-641-216). The decision involves a credibility finding and
ifs a reserved decision. (I asked him to check the report of cases he sent
me and he didn't find it on there.) He said that one of the law clinics gave
Judge Burman some expresso beans, which he gathered was so that Judge Burman
would stay awake.
d. During the last week of December 20 I 1, he saw Judge Burman at a bar in Crystal
City drinking with a woman attorney named Jan Peterson. He said other attorneys
said she was bragging about getting drunk with the judge. I asked him if he heard her
say this and he said that he had not.
2. I talked with Ms. Celia Kuiken about the allegations about LaSheila Grant accepting gifts
and Judge Burman sleeping on the bench. She said she was unaware of either.
3. I asked Mr. Mark Pasierb, who was Acting Court Administrator at Arlington, during the
last half of the year and until mid-January 2012. He read my notes and said he was unaware of
either LaSheila receiving any gifts or Judge Burman sleeping at the bench. He said no one had
reported anything like that to him. He added that she would be the last one he would call if her
were an attorney because of her mood swings.
4. He added that in early 2011 when Celia Kuiken first became Acting CA, LaSheila Grant
began spreading a rumor that Ms. Kuiken was sleeping with Mr. Egozcue.
Gary W. Smith
Assistant Chief Immigration Judge
February 17, 2012
MEMORANDUM FOR RECORD
FROM: Gary W. Smith, Assistant Chief Immigration Judge
SUBJECT: Interview of Max Arevalo and Discussion with Celia Kuiken and Cheri Bowyer
On February 16, 2012, I went to the Arlington Immigration Court to meet with Ms.
Celia Kuiken, Acting Court Administrator. and Ms. Cheri Bowyer~ Supervisory Legal Assistant.
I told both of them that Ihad received a complaint alleging that LaSheila Grant had been
accepting gratuities from attorneys for scheduling cases. Both said they knew of nothing like
that. I told Ms. Bowyer to talk with La.Sheila and find out if that has been going on. and if so, to
tell her that is an ethical issue and is to stop, and to report back to me. I also told them I had
received a complaint of Judge Bunnan sleeping at the bench and that the complaint related to
conduct a year or more before. Both said they were not aware of anything like that and would be
surprised if anything like that were going on.
While at the Court. I interviewed Mr. Max Arevalo, Contract Security Officer. I
asked him ifhe recalled an incident when Judge Burman was allegedly asleep during a hearing.
He said that he did recall such an incident. He said that it was a video hearing and there was a
visitor at the hearing who came out of the courtroom and asked Mr. Arevalo in Spanish, "How
was the judge listening to the testimony ifhe was fa1ling asleep? It doesn't seem fair." Mr.
Arevalo said that he looked into the courtroom and Judge Burman had his head resting on his
uplifted arm. Mr. Arevalo said that he told LaSheila Grant who went into the courtroom and said
something to the judge. Mr. Arevalo did not remember Anthony Dinh being there and did not
remember LaSheila saying not to tell anyone . He said this was the only such incident like this he
knew of and it was about a year ago. He believed it was in the morning during a master calendar
hearing.
After talking with Mr. Arevalo, I spoke with Anthony Dinh. I told him that in the
incident he reported to me of the intern detecting that an attorney had asked Judge Burman ifhe
were sleeping, that Judge Bunnan in less than a second, answered that he was not. I told him
that didn't appear to have any substance. I also told him Mr. Arevalo didn't remember him being
around the day about a year ago.
Gary W. Smith
Assistant Chief Immigration Judge
--------~ ~l~
C- --~---.~----=--i..L~~----.1,w-~~ ---A&,~__!_~~-~:______1.YJ,l~(u,fw.~_.,______~~~
- ·--·----~ -· -· ~
Moutinho, Deborah (EOIR)
From:
Sent:
To:
Keller, Mary Beth (EOIR)
Wednesday, June 27, 2012 8:44 AM
Moutinho, Deborah (EOIR)
Subject: RE: Atty:Magdalena Cuprys
I would just add this as a miscellaneous item under the original complaint against Judge Ford, "ongoing
issues with attorney appearing late in court."
From: Moutinho,Deborah(EOIR)
Sent: Wednesday,June27, 20128:26 AM
To: Keller,MaryBeth (EOIR)
Subject: RE:Att,./:MagdalenaCuprys
So we are holding off putting this into the Database?
From: Keller,Mary Beth(EOIR)
Sent: Wednesday,June27, 2012 8:20 AM
To: Sukkar, Elisa(EOIR)
Cc:Moutinho,Deborah(EOIR)
Subject: RE:Att,./:MagdalenaCuprys
I suspect that Jenni Barnes will be addressing this, it seems out of bounds.
mtk
From: Sukkar,Elisa (EOIR)
Sent: Tuesday,June26, 2012 8:14 PM
To: Keller,Mary Beth (EOIR)
Cc:Moutinho,Deborah(EOIR)
Subject: FW:Atty: MagdalenaCUprys
MTK:
This is the situation with the attorney that complained against IJ Ford recently, Ms. Magdalena Cuprys.
This is not an isolated situation with the attorney meeting with clients when she should be in court
representing them. She is also nonchalant about being late or not showing up at all.
This just happened last Friday, June 22, 2012.
Thanks.
EMS
From: Ford,Rex(EOIR)
Sent: Friday,June22, 20129:25 AM
To: Sukkar,Elisa(EOIR)
Cc:Barnes,Jennifer (EOIR)
SUbject: Att,./:MagdalenaCuprys
Greetings:
It is now 9:20 a.m . ancl Attorney Magdalena Cuprys has four cases today starting at 8:00 a.m. She has
still not signed in but is "meeting with my clients". Lorenzo Felipe-Sales 205-014-062 was scheduled for 8
a.m., Aldo Granada 088-085-916 is also scheduled for 8 a.m. and she has an individual at 9 a.m. 201-
013-909 and an individual at 10:30 a.m. 205-122-674. This conduct must stop as it is completely
disruptive to the effective operation of the Court.
Sincerely,
RJF
6/27/2012
EOIRFOIA Processing(EOIR)
From:
Sent:
To:
Subjed:
Dufresne, Jill (EOIR)
Thursday, October 11, 2012 12:08 PM
Keller, Mary Beth (EOIR)
RE:Complaint Regarding an Immigration Judge's Conduct
Due process is OK. The disposition should be: complaint dismissed - not substantiated.
Also, Paul drafted a response on the VAWA complaint. I will bring it to you later.
Thanks,
Jill.
From: Keller, MaryBeth(EOIR)
Sent: Thursday,October11, 2012 11:49AM
To: Dufresne,Jill (EOIR)
Cc: Moutinho, Deborah (EOIR)
Subject: RE: Complaint Regarding an Immigration Judge's Conduct
Jill,
This is currently characterized as "other - time management issue" in the db. I think we should check off "due process"
instead, since "other'' doesn't provide us much info.
Also, how would like the db to reflect resolution on this?
Thanks.
mtk
From:DConduct,EOIR(EOIR)
sent: Monday,August 06, 2012 8:31 AM
To: Dufresne,Jill (EOIR)
Cc:Keller,MaryBeth(EOIR)
Subject: FW:ComplaintRegardingan Immigration Judge'sConduct
Good Morning,
Please seethe below complaint that came into the IJConduct mailbox concerning IJCuevas.
Thank you
Deborah
From:KhaledMagdaldenAli [mailto:khaled magdalden@yahoo.com]
Sent: Friday,August03, 2012 11:57 PM
To: DConduct,EOIR (EOIR)
Subject: ComplaintRegardingan Immigration Judge'sConduct
Dear:
I have an Asylum case been hold by judge Cuevas Carlos Chicano immigration I live in Iowa
City, IA and i am seeking asylum but every time i came to the hiring on time he did not let me
in because of some other small cases, I had 2 hiring dates the first one was on JAN of2012 i drove from
1
NOV-16-2012 12:47 !MIGRATIONCOURT
.. &.&&.&Ii
'
From:auramarializcano.(alizc.ano84@yahoo.com)
To: captainlaw@bellsouth.net;
Date: Thu,September6,2012 7:41:50 PM
Cc: i ·
Subject: Fwd:ARANGdTABARES/VICTORIAEUGENIA22 EPBHMATL
Sent frommyiPhone
Begin forwardedmessag~.
Fro V. • T' I Mar Aire ' ' ~ '1m: iaJes ieaa <ua1estma:a1.~mai.com>
Date: September SJ20124:58:51PMCDT
To: ali7..can284@:taboo.com
Snbjcet: ARANG' TABARES/VICTORIA EUGENIA I2SEP BBM ATL
Thi~ doeum.ent 1J automatically gene:ated,
Please do not re~pond to this Nil.
I
AG!.NCIADE VIAJES TIERRAMARAJ:Sf:
690 HOLCOMBSlUOGERD. STE I 100
5SEPTEMBER12
G REF YSHHSC
P.008
.l 4!)I L Ul. ~
ROSWELLGA 30076
UNITEDSTA~ESoi' A TABMES/VICTORIAEOGENI
TELEPHONE:404 09-9670 OODGLASR
~~~~;-~i~r=~~-;:;;;··-------:~----------+--------~~:~=~ ~~=~-SAT. 22SEP :SINf.ENGHAK AL. AXIJNTA. GA 0-91SA 11 l OA
I
Sl'RMINGHAM HARTSFIELDJ I<SON
NON STOP I TERMINAL S DORAl'ION O:55
NONSMOKING
RtStRVATION CONFIRMED- T ~CONOMY
EQUIPMENT:BOEING(DOUGLAS)MJ.>,,88
tTS 26E/260 NO SMOlCINGCONFIRME
DELTAAIR LINES!_ OL 3Sl3
SA'l' 22SEE' A~IJN'I'A GA MONTR£ALQC 1205P O~StiP
HARTSFIELDJACKSON 1;>TRODEA'OINTL
l
RMINALINTL l DURATION2: 31
· NONSMOKING
SERVATIONCONFIRMED- T ECONOMY
:Ejt.IGHTOPERATEDBY PINNACLEDBAD LTA CONNECTION
NON STOP
A!IRCRAFTOWNER :9E PiloLE AIRLINES
EpCIPMENT:CANADArRREGI0NA1..JET~ 0
S'f:A'l'Sl5A/l9D NO SMOKINGCONFI~
DELTAAIR LINESr1 DL •• ,g 1
SUN 30Sl;i' N'1'B.l:2L QC ATLANTA GA 1
T~UD.£ll0INTL HARTSFlELOJACKSON
NONSTO'P ' TE'RMINALINTLI
RESERVATION.CONFIRMED- T ECONOMY!
 
'
• I .... - o.
Q60.6P 0900F
DURATION2:54
NONSMOKING
, "11 1 nn, .,
NOV-15-2012 12:47 !MIGRATIONCOURT
I II I
ljI,IGHT OPEAATEDBY PINNACLEDBADL..TA CONNECTION
AIR.a.AFT OWNER : 9E PlNrcLE AIRLINES
EQ'CJI.PMENT:CANADAlRREGIONALJET 9 0
J
SEATS09D/09C NOSMOnNGCON1IltME
DELTAAIR LINES - DL 1542
SON30SEP TLANTAGA BIRMINGHAMAL
NON$TOP
HARTSFIELDJACKSONBIRMINGHAM
~ENaNAL S
~SERVATION CONFIRMED- T ECONOMY
~OIPMENT:BOEING 737-ao·o
l TS 25F/25E NOSMOKINGCONFX:RME
RESERVATION N (S) DL/GCDH4A
llOOP l052P
OUAATION O: 52
NONSMOKING
ARANGOTABAM!S/ CTO.R.IAEUGENIA
COONER/DOUGLAS
TICKET: t/ETK'l' 006 7104168725
TICKET: L/ETKT 006 7104168726
Viajes Tierrl Mar Aire
690 Holcomb Bridge Rd. Ste# 100
Roswell , GA 30r6
Phone 404--109-9670
Toll Free 1-888-407-1517
vi1iestma@gmai~.com
• , .. I
l t,'
"f~ -~:.:,,
', I'~
. I·.' .
(
....... . ... '». ".
- .; I,,. .. '. ..
. . .I.. ·-
.. ·"· n .• • • ,. • ·-·' • A.. --" 0.. •--.3.-4C~~.,ll~..4.
I
1.'111 l")fl1 "t

Mais conteúdo relacionado

Mais procurados

Nancy Gordon 2014 PA-PAC Questionnaire
Nancy Gordon 2014 PA-PAC QuestionnaireNancy Gordon 2014 PA-PAC Questionnaire
Nancy Gordon 2014 PA-PAC QuestionnairePeople's Alliance
 
Atty James Beirne Scam | Balita Media David Casuco
Atty James Beirne Scam | Balita Media David CasucoAtty James Beirne Scam | Balita Media David Casuco
Atty James Beirne Scam | Balita Media David CasucoPinoyInsider
 
Atty James Beirne Scam | Balita Media Rhony Laigo
Atty James Beirne Scam | Balita Media  Rhony LaigoAtty James Beirne Scam | Balita Media  Rhony Laigo
Atty James Beirne Scam | Balita Media Rhony LaigoPinoyInsider
 
Pinoy watchdog.com | asian journal roger oriel
Pinoy watchdog.com | asian journal roger orielPinoy watchdog.com | asian journal roger oriel
Pinoy watchdog.com | asian journal roger orielPinoyInsider
 
Writing sample - Criminal Defense
Writing sample - Criminal DefenseWriting sample - Criminal Defense
Writing sample - Criminal DefenseChris Sleeper
 
Robin Hudson 2014 PA-PAC Questionnaire
Robin Hudson 2014 PA-PAC QuestionnaireRobin Hudson 2014 PA-PAC Questionnaire
Robin Hudson 2014 PA-PAC QuestionnairePeople's Alliance
 

Mais procurados (8)

Nancy Gordon 2014 PA-PAC Questionnaire
Nancy Gordon 2014 PA-PAC QuestionnaireNancy Gordon 2014 PA-PAC Questionnaire
Nancy Gordon 2014 PA-PAC Questionnaire
 
Atty James Beirne Scam | Balita Media David Casuco
Atty James Beirne Scam | Balita Media David CasucoAtty James Beirne Scam | Balita Media David Casuco
Atty James Beirne Scam | Balita Media David Casuco
 
Atty James Beirne Scam | Balita Media Rhony Laigo
Atty James Beirne Scam | Balita Media  Rhony LaigoAtty James Beirne Scam | Balita Media  Rhony Laigo
Atty James Beirne Scam | Balita Media Rhony Laigo
 
Pinoy watchdog.com | asian journal roger oriel
Pinoy watchdog.com | asian journal roger orielPinoy watchdog.com | asian journal roger oriel
Pinoy watchdog.com | asian journal roger oriel
 
Writing sample - Criminal Defense
Writing sample - Criminal DefenseWriting sample - Criminal Defense
Writing sample - Criminal Defense
 
USA v. Matt Beasley Complaint
USA v. Matt Beasley ComplaintUSA v. Matt Beasley Complaint
USA v. Matt Beasley Complaint
 
Robin Hudson 2014 PA-PAC Questionnaire
Robin Hudson 2014 PA-PAC QuestionnaireRobin Hudson 2014 PA-PAC Questionnaire
Robin Hudson 2014 PA-PAC Questionnaire
 
Social Media Evidence
Social Media EvidenceSocial Media Evidence
Social Media Evidence
 

Mais de amjolaw

EOIR complaints, Unredacted March 2015 Release
EOIR complaints, Unredacted March 2015 ReleaseEOIR complaints, Unredacted March 2015 Release
EOIR complaints, Unredacted March 2015 Releaseamjolaw
 
EOIR complaints UNredacted, December 2014 Release
EOIR complaints UNredacted, December 2014 Release EOIR complaints UNredacted, December 2014 Release
EOIR complaints UNredacted, December 2014 Release amjolaw
 
Demand Letter to Hon. John F. Kelly
Demand Letter to Hon. John F. KellyDemand Letter to Hon. John F. Kelly
Demand Letter to Hon. John F. Kellyamjolaw
 
Trump's Admin Ends Child Rocket Docket
Trump's Admin Ends Child Rocket DocketTrump's Admin Ends Child Rocket Docket
Trump's Admin Ends Child Rocket Docketamjolaw
 
Ij ho verified
Ij ho verifiedIj ho verified
Ij ho verifiedamjolaw
 
Ij cordova -verified
Ij cordova -verifiedIj cordova -verified
Ij cordova -verifiedamjolaw
 
Ij chapa verified
Ij chapa verified Ij chapa verified
Ij chapa verified amjolaw
 
Ij clemente verified
Ij clemente verifiedIj clemente verified
Ij clemente verifiedamjolaw
 
IJ Couch--verified
IJ Couch--verifiedIJ Couch--verified
IJ Couch--verifiedamjolaw
 
IJ Beatmann--Verified
IJ Beatmann--VerifiedIJ Beatmann--Verified
IJ Beatmann--Verifiedamjolaw
 
Ij mullins -verified
Ij mullins -verifiedIj mullins -verified
Ij mullins -verifiedamjolaw
 
Ij mills verified
Ij mills verifiedIj mills verified
Ij mills verifiedamjolaw
 
Ij mccormack--verified_redacted
Ij mccormack--verified_redactedIj mccormack--verified_redacted
Ij mccormack--verified_redactedamjolaw
 
Ij pelletier verified
Ij pelletier verifiedIj pelletier verified
Ij pelletier verifiedamjolaw
 
Ij ford verified
Ij ford verifiedIj ford verified
Ij ford verifiedamjolaw
 
Ij cassidy -verified
Ij cassidy -verifiedIj cassidy -verified
Ij cassidy -verifiedamjolaw
 
Ij vomacka verified
Ij vomacka verifiedIj vomacka verified
Ij vomacka verifiedamjolaw
 
Ij arrington verified
Ij arrington verifiedIj arrington verified
Ij arrington verifiedamjolaw
 
Ijduckverify
IjduckverifyIjduckverify
Ijduckverifyamjolaw
 
Ij Wilson verified
Ij Wilson verifiedIj Wilson verified
Ij Wilson verifiedamjolaw
 

Mais de amjolaw (20)

EOIR complaints, Unredacted March 2015 Release
EOIR complaints, Unredacted March 2015 ReleaseEOIR complaints, Unredacted March 2015 Release
EOIR complaints, Unredacted March 2015 Release
 
EOIR complaints UNredacted, December 2014 Release
EOIR complaints UNredacted, December 2014 Release EOIR complaints UNredacted, December 2014 Release
EOIR complaints UNredacted, December 2014 Release
 
Demand Letter to Hon. John F. Kelly
Demand Letter to Hon. John F. KellyDemand Letter to Hon. John F. Kelly
Demand Letter to Hon. John F. Kelly
 
Trump's Admin Ends Child Rocket Docket
Trump's Admin Ends Child Rocket DocketTrump's Admin Ends Child Rocket Docket
Trump's Admin Ends Child Rocket Docket
 
Ij ho verified
Ij ho verifiedIj ho verified
Ij ho verified
 
Ij cordova -verified
Ij cordova -verifiedIj cordova -verified
Ij cordova -verified
 
Ij chapa verified
Ij chapa verified Ij chapa verified
Ij chapa verified
 
Ij clemente verified
Ij clemente verifiedIj clemente verified
Ij clemente verified
 
IJ Couch--verified
IJ Couch--verifiedIJ Couch--verified
IJ Couch--verified
 
IJ Beatmann--Verified
IJ Beatmann--VerifiedIJ Beatmann--Verified
IJ Beatmann--Verified
 
Ij mullins -verified
Ij mullins -verifiedIj mullins -verified
Ij mullins -verified
 
Ij mills verified
Ij mills verifiedIj mills verified
Ij mills verified
 
Ij mccormack--verified_redacted
Ij mccormack--verified_redactedIj mccormack--verified_redacted
Ij mccormack--verified_redacted
 
Ij pelletier verified
Ij pelletier verifiedIj pelletier verified
Ij pelletier verified
 
Ij ford verified
Ij ford verifiedIj ford verified
Ij ford verified
 
Ij cassidy -verified
Ij cassidy -verifiedIj cassidy -verified
Ij cassidy -verified
 
Ij vomacka verified
Ij vomacka verifiedIj vomacka verified
Ij vomacka verified
 
Ij arrington verified
Ij arrington verifiedIj arrington verified
Ij arrington verified
 
Ijduckverify
IjduckverifyIjduckverify
Ijduckverify
 
Ij Wilson verified
Ij Wilson verifiedIj Wilson verified
Ij Wilson verified
 

Último

Power Point Obligations and contracts Article 1313-1327
Power Point Obligations and contracts Article 1313-1327Power Point Obligations and contracts Article 1313-1327
Power Point Obligations and contracts Article 1313-1327bariajenne
 
Smarp snapshot 200 -- Google Cloud Next '24
Smarp snapshot 200 -- Google Cloud Next '24Smarp snapshot 200 -- Google Cloud Next '24
Smarp snapshot 200 -- Google Cloud Next '24Jong Hyuk Choi
 
Ashutosh Yadav v. State of UP 22nd March, 2024 All HC.pdf
Ashutosh Yadav v. State of UP 22nd March, 2024 All HC.pdfAshutosh Yadav v. State of UP 22nd March, 2024 All HC.pdf
Ashutosh Yadav v. State of UP 22nd March, 2024 All HC.pdfVidit Agrawal
 
ENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened to
ENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened toENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened to
ENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened toirenelavilla52178
 
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...Rich Bergeron
 
Town of Haverhill's Motion for Summary Judgment on DTC Counterclaims
Town of Haverhill's Motion for Summary Judgment on DTC CounterclaimsTown of Haverhill's Motion for Summary Judgment on DTC Counterclaims
Town of Haverhill's Motion for Summary Judgment on DTC CounterclaimsRich Bergeron
 
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment Case
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment CaseTown of Haverhill's Summary Judgment Motion for Declaratory Judgment Case
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment CaseRich Bergeron
 
IOS PPT.pptx doctrine of stare decisiss
IOS PPT.pptx  doctrine of stare decisissIOS PPT.pptx  doctrine of stare decisiss
IOS PPT.pptx doctrine of stare decisissPothysVaran1
 
Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...
Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...
Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...Rich Bergeron
 
OMassmann - Investment into the grid and transmission system in Vietnam (2024...
OMassmann - Investment into the grid and transmission system in Vietnam (2024...OMassmann - Investment into the grid and transmission system in Vietnam (2024...
OMassmann - Investment into the grid and transmission system in Vietnam (2024...Dr. Oliver Massmann
 
Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child S...
Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child S...Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child S...
Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child S...Diamond959916
 
Right to life and personal liberty under article 21
Right to life and personal liberty under article 21Right to life and personal liberty under article 21
Right to life and personal liberty under article 21vasanthakumarsk17
 
RA. 7432 and RA 9994 Senior Citizen .pptx
RA. 7432 and RA 9994 Senior Citizen .pptxRA. 7432 and RA 9994 Senior Citizen .pptx
RA. 7432 and RA 9994 Senior Citizen .pptxJFSB1
 

Último (13)

Power Point Obligations and contracts Article 1313-1327
Power Point Obligations and contracts Article 1313-1327Power Point Obligations and contracts Article 1313-1327
Power Point Obligations and contracts Article 1313-1327
 
Smarp snapshot 200 -- Google Cloud Next '24
Smarp snapshot 200 -- Google Cloud Next '24Smarp snapshot 200 -- Google Cloud Next '24
Smarp snapshot 200 -- Google Cloud Next '24
 
Ashutosh Yadav v. State of UP 22nd March, 2024 All HC.pdf
Ashutosh Yadav v. State of UP 22nd March, 2024 All HC.pdfAshutosh Yadav v. State of UP 22nd March, 2024 All HC.pdf
Ashutosh Yadav v. State of UP 22nd March, 2024 All HC.pdf
 
ENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened to
ENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened toENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened to
ENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened to
 
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...
 
Town of Haverhill's Motion for Summary Judgment on DTC Counterclaims
Town of Haverhill's Motion for Summary Judgment on DTC CounterclaimsTown of Haverhill's Motion for Summary Judgment on DTC Counterclaims
Town of Haverhill's Motion for Summary Judgment on DTC Counterclaims
 
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment Case
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment CaseTown of Haverhill's Summary Judgment Motion for Declaratory Judgment Case
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment Case
 
IOS PPT.pptx doctrine of stare decisiss
IOS PPT.pptx  doctrine of stare decisissIOS PPT.pptx  doctrine of stare decisiss
IOS PPT.pptx doctrine of stare decisiss
 
Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...
Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...
Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...
 
OMassmann - Investment into the grid and transmission system in Vietnam (2024...
OMassmann - Investment into the grid and transmission system in Vietnam (2024...OMassmann - Investment into the grid and transmission system in Vietnam (2024...
OMassmann - Investment into the grid and transmission system in Vietnam (2024...
 
Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child S...
Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child S...Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child S...
Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child S...
 
Right to life and personal liberty under article 21
Right to life and personal liberty under article 21Right to life and personal liberty under article 21
Right to life and personal liberty under article 21
 
RA. 7432 and RA 9994 Senior Citizen .pptx
RA. 7432 and RA 9994 Senior Citizen .pptxRA. 7432 and RA 9994 Senior Citizen .pptx
RA. 7432 and RA 9994 Senior Citizen .pptx
 

EOIR complaints, unredacted, April 2015

  • 1. EOIRFOIA Processing(EOIR) From: Smith, Gary (EOIR) Sent: To: Wednesday, February 17, 2010 3:03 PM Keller, Mary Beth (EOIR) Subject: RE:Complaint rec'd at OPR? Thanks, and by the way, she is referring to our "one-day" suspension person. From: Kelter,MaryBeth(EOIR) Sent: Wednesday,February17, 2010 2:56 PM To: Smith,Gary(EOIR) Subject: FW: Complaintrec'dat OPR? Gary, FYI, OPR doesn't have anything from Sandra Greene at this point. mtk From:Wahowiak,Marlene(OPR) Sent: Wednesday,February17, 2010 2:50 PM To: Keller,Mary Beth(EOIR) Subject: RE:Complaintrec'dat OPR? I just checked and didn't see anything. "Sandra Greene" sounds familiar. Didn't she have an ongoing battle with an IJ in York a while back? I want to say the IJ may have transferred to Atlanta. Maybe I'm getting my IJs and complainants mixed up! Hope you survived the snow intact, MMW From: Keller,MaryBeth (EOIR)[mailto:Mary.Beth.Keller@usdoj.gov] Sent: Wednesday,February17, 2010 2:45 PM To: Wahowiak,Marlene(QPR) Subject: Complaintrec'dat OPR? Marlene, One of our ACIJs has been dealing with a complaint from an attorney, Ms. Sandra Greene, from York, Pennsylvania about Judge Walter Durling. Ms. Greene advised the ACIJ that she was also filing a complaint with OPR. We had been handling this, but, before we respond back to the complainant, I wanted to check in with you all to see if you had this. Thanks much. Hope all is well. Mtk Jvlary'Betfi Xe{Cer Assistant Chief Immigration Judge EOIR/OC[J 703/305-1247 mary.beth.keller@usdoj.gov 1
  • 2. EOIRFOIA Processing(EOIR) From: Sukkar,Elisa{EOIR) Sent: To: Thursday,April 01, 2010 1:48PM Keller,Mary Beth {EOIR) Cc: Subject: Moutinho, Deborah(EOIR);Morris, Florencio(EOIR);Kelly,Ed (EOIR) RE:Chapa MTK: I have reviewed my IJ Chapa file and this is what I have as a status report. This is what myhandwritten notes reflect. On January 11, 2010, I gave to Judge Chapa the materials covering the Matter of Enamorado(A094-331-519)and Matter of Miguel Jose (A0?0-567-946).We had a discussion in his chambers.We went over the fact the BIA is indicating he was "brusque" in a footnote in Matter of Miguel Jose (946).Also, the BIA felt that the comments about the fact they had kids when they had no status was unwarranted.We agreed to meet again. The IJ came back to me the same day and said he had reviewed all and acknowledgedthat, upon reading the transcripts, some of his comments were wrong, such as asking the BIA to "please help with standards".I asked him not to make pleas to the BIA as to what they should do. We agreedto meet again. On January 25, 2010, l met with Judge Chapa in the conference room to go over the PWP review.We reviewed the PWP. I again had copies of the two decisions mentioned above and we went over again the criticisms from the BIA The significance of the term "brusque" (after I consulted with ACIJ Weil), I told him the parties at times feel he is impatient. He said he gets stressed out but will calm down. (By the way, I followedthis format with all the IJs during the PWP reviews.I had the ?WPs, all their individual reports:aged out reports and the deadlines, HatianTPS reports, off calendar reports.a copy of their calendars to go over Masters and Individualsfor purposesof case management and if I had a IJC from the BIA, I also had a copy of the BIA decision and transcriptto go over with the IJ again as a reminder.) As part of the reviewwith IJ Chapa, I also addressed the requestthat I received as to howto file a complaint against him and showed him a copy of the e-mail I received from attorney Elizabeth Roman Jones. The e-mail contained enough criticism for me to addresswith the IJ. I received the e-mail on December 16, 2009 and I had my first discussionwith the IJ on January 5, 2010 about her comments. I again discussedthe criticism with the IJ on January 25, 2010. I asked him to be careful becausethe next step she will make is to ask him to recuse himself. He has since reported that when the attorney came the next time, he was calm. he granted her continuance and there have not been any additional problems with counsel. The IJ stresses over case completion goals and what he feels is expected of him on the bench. He has reported tome that he is using a different approach when he gets hit with last minute continuances. (The attorney that complained is new to this field. Last week she wrote to me. Shewas upset that the court has not issueda notice of hearing to one of her clients. When I looked into it, it turns out that DHS has not filed the NTA with the court. I explained to her that without the NTA, the court will not issue a Noticeof Hearingto her client.) This is the extent of my notes. Pleaseadvise if you need anything else. EMS -----· -··---~---- --------------------- From: Keller, Mary Beth (EOIR) Sent: Wednesday,March31, 2010 9:52 PM To: Sukkar,Elisa(EOIR) Cc: Moutinho, Deborah(EOIR) Subject: Re: Chapa Great. No need for formal. But the dates wld be good. :) Sent from my BlackBerryWireless Device 1
  • 3. From: Sukkar, Elisa{EOIR) To: Keller, Mary Beth (EOIR) Cc:Moutinho, Deborah(EOIR) Sent: Wed Mar 3119:59:38 2010 Subject: RE:Chapa MTK: Bothcases were addressed with the IJ. We gave him the decisions. We discussed twice. These cases were included as part of his PWP reviewwhich we did in Jan/Feb 201O.We read the comments together and we went over the comments in the BIA decision and the transcripts. He was very receptive. 1talked to him about getting agitated on the bench and to give himself more time ifhe feels pressured by his Masters. There had been an attorney inquiring as to how to complain about the IJ. 1provided the information to the attorney. I do not know if she filed a formal complaint since I have not received any complaints from OCIJ on the IJ. But her comments to me were addressed with the IJ neverthelessand the fact that she was new to the case and instead of grantinga continuance. he gave her 10 minutes to go outside and prepare herself to address the charges. I explained that there is no need to rush these things. All of this was discussedwith the IJ during the informal PWP review. I will write a formal memo to you tomorrow with more details as to dates. Thanks. EMS From: Keller, Mary Beth (EOIR) Sent: Wednesday,March31, 2010 6:04 PM To: Sukkar, Elisa(EOIR) Cc: Moutinho, Deborah(EOIR) Subject: RE:Chapa Same thing with Enamorado sent to you on Jan 07. Tx. mtk From: Keller, Mary Beth (EOIR) Sent: Wednesday,March31, 2010 6:03 PM To: Sukkar, Elisa(EOIR} Cc: Moutinho, Deborah(EOIR) Subject: Chapa Elisa, I have the Matter of Miguel Jose from BIA that went to you on Jan 6, and an email saying you were going to talk to the judge on Jan 08. What is the resolution of this one? Tx. mtk .'Mary'BetliXe{t:er Assistant Chief Immigration Judge EOIR/OCIJ 703/305· l 24 7 mary.beth.keller@usdoj.gov 2
  • 4. EOIRFOIAProcessing(EOIR) From: Sukkar,Elisa(EOIR) Sent: To: Thursday,April 01, 2010 1:48 PM Keller,Mary Beth {EOIR) Cc: Subject: Moutinho, Deborah (EOIR);Morris, Florencio(EOIR};Kelly,Ed(EOIR) RE:Chapa MTK: I have reviewed my IJ Chapa file and this is what I have as a status report. This is what myhandwritten notes reflect. On January 11, 2010, I gave to Judge Chapa the materials covering the Matter of Enamorado (A094-331-519) and Matter of Miguel Jose (A070-567~946).We had a discussion in his chambers. We went over the fact the BIA is indicating he was "brusque" in a footnote in Matter of Miguel Jose (946). Also, the BIA felt that the comments about the fact they had kids when they had no status was unwarranted.We agreed to meet again. The IJ came back to me the same day and said he had reviewed all and acknowledged that, upon reading the transcripts, some of his comments were wrong. such as asking the BIA to "please help with standards·. I asked him not to make pleas to the BIA asto what they should do. We agreed to meet again. On January 25, 2010, I met with Judge Chapa in the conference room to go over the PWP review. We reviewed the PWP. I again had copies of the two decisions mentioned above and we went over again the criticisms from the BIA. The significance of the term "brusque" (after I consulted with ACIJ Weil). I told him the parties at times feel he is impatient. He said he gets stressed out but will calm down. (By the way. I followed this format with all the IJs during the PWP reviews. I had the PWPs. all their individual reports: aged out reports and the deadlines. Hatian TPS reports, off calendar reports, a copy of their calendars to go over Masters and Individualsfor purposes of case management and if I had a IJC from the BIA, I also had a copy of the BIA decision and transcript to go over with the IJ again as a reminder.) As part of the review with IJ Chapa, I also addressed the request that I received as to how to file a complaint against him and showed him a copy of the e-mail I received from attorney Elizabeth Roman Jones. The e-mail contained enough criticism for me to address with the IJ. I received the e-mail on December 16, 2009 and I had my first discussion with the IJ on January 5, 2010 about her comments. I again discussed the criticism with the IJ on January 25, 2010. I asked him to be careful because the next step she will make is to ask him to recuse himself. He has since reported that when the attorney came the next time, he was calm, he granted her continuance and there have not been anyadditional problems with counsel. The IJ stresses over case completion goals and what he feels is expected of him on the bench. He has reported to me that he is using a different approach when he gets hit with last minute continuances. (The attorney that complained is new to this field. Last week she wrote to me. She was upset that the court has not issued a notice of hearing to one of her clients. When I looked into it, it turns out that OHS has not filed the NTAwith the court. I explained to her that without the NTA, the court will not issue a Notice of Hearing to her client.) This is the extent of mynotes. Please advise ifyou need anything else. EMS From:Keller, Mary Beth (EOIR) Sent: Wednesday, March31, 2010 9:52 PM To: Sukkar, Elisa(EOIR) Cc:Moutinho, Deborah(EOIR) Subject: Re:Chapa Great. No need for formal. But the dates wld be good. :) Sent from my BlackBerry WirelessDevice 1
  • 5. From: Sukkar, Elisa(EOIR) To: Keller, Mary Beth (EOIR) CC:Moutinho, Deborah(EOIR) Sent: Wed Mar 3119:59:38 2010 Subject: RE:Chapa MTK: Both cases were addressedwith the IJ. We gave him the decisions.We discussed twice. These cases were included as part of his PWP reviewwhich we did in Jan/Feb 2010. We read the comments together and we went over the comments in the BIA decisionand the transcripts. He was very receptive. I talked to him about getting agitated on the bench and to give himself more time if he feels pressured by his Masters. There had been an attorney inquiring as to howto complain about the IJ. I providedthe informationto the attorney. I do not know if she filed a formal complaint since r have not received any complaints from OCIJ on the IJ. But her comments to me were addressed with the IJ neverthelessand the fact that she was newto the case and instead of granting a continuance, he gave her 10 minutes to go outside and prepare herself to address the charges. Iexplained that there is no need to rush these things. All of this was discussedwith the IJ during the informal PWP review. I will write a formal memo to you tomorrow with more details asto dates. Thanks. EMS From: Keller,Mary Beth (EOIR) Sent: Wednesday,March31, 2010 6:04 PM To: Sukkar,Ellsa(EOIR} CC: Moutinho, Deborah(EOIR) Subject: RE:Chapa Same thing with Enamoradosent to you on Jan 07. Tx. mtk From: Keller, Mary Beth(EOIR) Sent: Wednesday,March31, 2010 6:03 PM To: Sukkar,Elisa(EOIR) Cc:Moutinho, Deborah(EOIR) Subject~ Chapa Elisa, I have the Matter of Miguel Jose from BIA that went to you on Jan 6, and an email saying you were going to talk to the judge on Jan 08. What is the resolution of this one? Tx. mtk :M.ar9:/.BetliXe{fer Assistant Chief Immigration Judge EOIR/OCIJ 703/305-1247 mary.beth.keller@usdoj.gov 2
  • 6. EOIRFOIA Processing(EOIR) From: Burr, Sarah (EOIR) Sent To: Wednesday, March 17, 2010 2:34 PM Keller, Mary Beth (EOIR) Subject: Alan Page updates t had Felicia fax a copy of a federal civil rights action filed against Alan Page by a detainee by the name of Jeromi H. Bazuaye. It was sent to Deborah's attention. I read it and it does not look worrisome to me, but I'm no expert on that type of claim. Marta Rothwarf has been in touch with Judge Page about this matter. Regarding a complaint made about Judge Page by Prince A.Z.K. Adekoya, another detainee, the original letter I sent him in February has been returned. I have reviewed the ROP and the same allegations he makes were made in an appeal to the BIA. The BIA dismissed his appeal a few weeks ago. I am sending you a copy of the letter that is going out to Mr. Adekoya, who we located at Hudson County Jail in New Jersey. Basically, I did not find his allegations to be substantiated by the record. However, having reviewed the record, I will speak to Judge Page about some of his comments on the record. Sarah M. Burr A-,sist.antChief Immigration Judge 26 Fe1foraJPlaza N~w York, X Y. 1
  • 7.
  • 8. EOIR FOIA Processing (EOIR) From: Sukkar, Elisa(EOIR) Sent: To: Wednesday, June 01, 2011 6:33 PM Keller, Mary Beth (EOIR) Subject: RE:Request for decision in motion to suppress evidence in removal proceedings of A1 MTK: I have not. I did ask the IJto park inside our secure parking area. As to the e-mails from this respondent, indicated deletes them without reading them. I spoke to the CA today about this again. I may have added security in the courtroom when the case is being heard. EMS -----Original Message----- From: Keller, Mary Beth (EOIR) Sent: Wednesday, June 01, 201111:04 AM To: Sukkar, Elisa (EOIR) Subject: RE:Request for decision in motion to suppress evidence in removal proceedings of A Elisa, Did you hear back from the CUon this? mtk -----Original Message----- From: Sukkar, Elisa(EOIR) Sent: Thursday, May 26, 2011 6:51 PM To: O'Leary,Brian(EOIR) Cc:McGoings,Michael(EOIR);Keller,Mary Beth(EOIR) Subject: FW: Request for decision in motion to suppress evidence in removal proceedings of A Dear Judge O'Leary: I need your guidance on this matter. The e-mails below are from a respondent before IJ He has written to the IJConduct box and writes to the IJdirectly. I have written to him through the IJConduct box and I have asked him to refrain from communicating with the IJin this manner. The Respondent continues to do so. I have asked Judge not to respond to his e-mails. I believe this now amounts to harassment of the IJ.The respondent uses language that is intended to intimidate the IJ. His tone is aggressive and confrontational. There have not been any threats to the IJ'ssafety. He does acknowledge in the e-mails below, which he sent to the IJdirectly, that he has placed 11 and then 20 calls to the court to inquire asto the status of his case or his motions. I do not believe that anyone that places 20 calls on a pending matter to be rational. 1
  • 9. M~uttnlo, Deborah (EOIR) From: Smith, Gary (EOIR) Sent: Friday, December 17,2010 8:38AM To: Moutinho, Deborah (EOIR) Subject: RE Reports 418 is legal. From: Moutinho, Deborah(EOIR) Sent: Wednesday,December15, 2010 4:00 PM To: Smith, Gary (EOIR) Cc:Keller, Mary Beth (EOIR) Subject: Reports Hello Judge Smith Attached is an executiveSummaryof the complaints fromyour courts. Pleasecategorizethe complaints that are highlighted. VVhensending this informationor any other informationto updatethe complaints listed pleaserefer to the complainttable Index number so the informationcan be accurately updatedinto the data base. I haveattached the complaint nature list for your convenience. Please let me know if you have any questionsor require additionalinformation Thank you Deborah From: Keller, Mary Beth (EOIR) Sent: Wednesday,December15, 2010 3:36 PM To: Keller,Mary Beth (EOIR); Burr, 5arah (EOIR); Dean,Larry R. (EOIR); Dufresne,Jill (EOIR); Fong, Thomas(EOIR); Romig,Jeff (EOIR); Smith, Gary (EOIR); Stockton, Bette (EOIR); Sukkar, Elisa(EOIR); Weil, Jack (EOIR) Cc: Moutinho, Deborah(EOIR); McGoings,Michael(EOIR); Kelly, Ed(EOIR) Subject: RE:Reports All, Regardlessof whether we get this quarter'scomplaints resolved before the next posting of quarterly statistics in January, as I mentionedat our staff meetingthis week, we absolutely must have each 1 complaintcategorized,ie. you need to identifythe nature of the complaint to Deborah. She will send those of you with complaintscurrently "uncategorized"your reports. If Pleaseadvise asap regardingthe natureof those complaints. If you do not hear from Deborah,we have what we need from you...for now! Thanks very much. mtk From: Keller, Mary Beth (EOIR) sent: Tuesday, November30, 2010 6:01 PM To: Burr, Sarah(EOIR); Dean, Larry R. (EOIR); Dufresne,Jill (EOIR); Fong,Thomas (EOIR); Kelly, Ed (EOIR); Romig,Jeff (EOIR); Smith, Gary(EOIR); Stockton, Bette (EOIR); Sukkar, Elisa(EOIR); Weil, Jack (EOIR) Cc: Moutinho, Deborah(EOIR); McGoings,Michael(EOIR) Subject: Reports ACIJS- As promised,this week Deborahwill be sendingyou your complaint reportsfor: (1) The first quarter of fy 2011. Stats for this time periodwill be postedthe first week in January. You should see a listing of all of your matters, open and closed, alongwith an individualdetail 12/20/2010
  • 10. ~crem1on each of those complaints that remain open. That way you can see the last action item on any open complaint in the .. complaint history, and whether you need to provide the brief narrative and/or complaint nature to Deborah, as well as any updates or resolutions. {2) FY 2010. If you have any complaints still open from this time frame, Deborah will send you the detail reports for any updates. (3) FY 2009. Same. I think there are actually only 3 of these, which I have already contacted individual ACIJs about, but, this will be your reminder of what those are, and that we still need information. (LRD: ignore any open reports on your judge who is currently off the bench as those are in motion for resolution and ok to remain open). Thanks very much all, mtk _'Mary'Betfi _1(e«er Assistant Chief Immigration Judge EOIR/OC[J 703/305-1247 mary .beth.keller@usdoj.gov 12/20/2010
  • 11. Moutin~o, Deborah (EOIR) From: Sent: To: Subject: Smith, Gary (EOIR) Monday, December 20, 2010 10:36AM Moutinho, Deborah (EOIR) FW: Reports Attachments: complaint nature list.doc; Judge Smith.pdf Deborah,418 (Evans) is due process and 400 and 414 (Riefkohl) are in-court conduct. From: Moutinho, Deborah(EOIR) Sent: Wednesday,December15, 2010 4:00 PM To: Smith, Gary (EOIR) Cc:Keller, Mary Beth (EOIR) Subject: Reports Hello Judge Smith Attached is an executive Summary of the complaints from your courts. Please categorize the complaints that are highlighted. When sending this information or any other information to update the complaints listed please refer to the complaint table Index number so the information can be accurately updated into the data base. I have attached the complaint nature list for your convenience. Please let me know if you have any questions or require additional information Thank you Deborah From: Keller, Mary Beth (EOIR) sent: Wednesday,December15, 2010 3:36 PM To: Keller, Mary Beth (EOIR); Burr, Sarah(EOIR); Dean,Larry R.(EOIR); Dufresne,Jill (EOIR); Fong, Thomas{EOIR); Romig,Jeff (EOIR); Smith, Gary (EOIR); Stockton, Bette (EOIR); Sukkar, Elisa(EOIR); Weil, Jack (EOIR) Cc: Moutinho, Deborah(EOIR); McGoings,Michael(EOIR); Kelly, Ed (EOIR) Subject: RE: Reports All, Regardless of whether we get this quarter's complaints resolved before the next posting of quarterly statistics in January, as I mentioned at our staff meeting this week, we absolutely must haveeach complaint categorized, ie. you need toidentifythe nature of the complaint to Deborah. She will send those of you with complaints currently "uncategorized"your reports. If Pleaseadvise asap regardingthe nature of those complaints. If you do not hear from Deborah,we have what we need from you...for now! Thanks very much. mtk From: Keller,Mary Beth{EOIR) sent: Tuesday, November30, 2010 6:01 PM To: Burr, Sarah(EOIR); Dean, Larry R. (EOIR); Dufresne,Jill (EOIR); Fong,Thomas (EOIR); Kelly, Ed (EOIR); Romig,Jeff (EOIR); Smith, Gary(EOIR); Stockton, Bette (EOIR); Sukkar, Elisa(EOIR); Weil, Jack (EOIR) Cc:Moutinho, Deborah(EOIR); McGoings,Michael(EOIR) Subject: Reports ACIJS- As promised, this week Deborahwill be sending you your complaint reports for: (1) The first quarter of fy 2011. Stats for this time periodwill be posted the first week in January. 12/20/2010
  • 12. You should see a listing of all of your matters, open and closed, along with an individual detail screen on each of those complaints • tliat remain open. That way you can see the last action item on any open complaint in the complaint history, and whether • you need to provide the brief narrative and/or complaint nature to Deborah, as well as any updates or resolutions. (2) FY 2010. If you have any complaints still open from this time frame, Deborah will send you the detail reports for any updates. (3) FY 2009. Same. I think there are actually only 3 of these, which I have already contacted individual ACIJs about, but, this will be your reminder of what those are, and that we still need information. (LRD: ignore any open reports on your judge who is currently off the bench as those are in motion for resolution and ok to remain open). Thanks very much all. mtk :M.a.ry'BetliXe{[er Assistant Chief Immigration Judge EOIR/OC(J 703/305-1247 mary .beth.keller@usdoj.gov 12/20/2010
  • 13. Jtinho, Deborah (EOIR) )01: Keller, Mary Beth (EOIR) ,nt: Monday, January 10, 2011 10:51 AM .>: Fong, Thomas (EOIR) ;c: Moutinho, Deborah (EOIR) Subject: RE: IJ training - conduct of hearing - Paiz Cruz v. Holder, CA9 No. 06-73048 rom, This one looks to me like Intake appears to be "in court, due process.~ And I think its conclusion would be - corrective action already taken -i.e., the December 2007 training. The BIA decisions actually both pre- date the training, so the IJ decisions pre date even those! Let me know if that is correct from your review. Deborah is out for the rest of the week, so, need to clarify this asap - thx. mtk From: Fong, Thomas (EOIR) Sent: Wednesday, January 05, 20111:00 PM To: Keller, Mary Beth(EOIR) Cc:Fong, Thomas (EOIR) Subject: RE: U training -- conduct of hearing -- Paiz Cruz v. Holder, r.A9 No. 06-73048 Mary Beth, I have the ROP and I have also reviewed the gih Cir. remand, BIA's affirmance of IJ Ho's decision, aswen as her oral dee. I am still in the process of reviewing the transcript. But you stated below that we should "talk about the form before you do it." I am available anytime after 4:00pm your time because I have two meetings set up, one to start in 5 minutes with LOS FOD and CC Stolley on our Detained Calendars and the new OC and Adelanto Detention facilities as well as Expedited Hearings on former Stip Removals; followed up by a meeting for counseling with IJ Munoz on her five matters. Tom Thomas Y.K. Fong Assistant Chieflmmigration Judge Immigration Court/EOIR/DOJ 606 South Olive Street, 15th Floor Los Angeles, CA 90014 (213)894-28I I thomas.fong@usdoj.gov From: Keller, Mary Beth (EOIR) sent: Wednesday, November 24, 2010 10:51 AM To: Fong, Thomas (EOIR) Subject: FW: IJ training -- conduct of hearing -- Paiz Cruz v. Holder, r.A9 No. 06-73048 Tom, This came to Jack - but, seems to make sense that you fold this into any conversation you are having with Judge Ho on the other case that recently came back. I know that these are oldies, i.e., pre date her training. We will need to track this; but let's talk about the form before you do it. mtk From: Beier,Bryan (QV) sent: Friday, November 19, 2010 3:57 PM To: Weil, Jack (EOIR) Subject: IJ training -- conduct of hearing -- Paiz Cruz v. Holder, r.A9 No. 06-73048 Judge Weil, At the request of OILdirector Thom Hussey, I'm e-mailing you pursuant to Oil's immigration judge training initiative to bring to the above-referenced case to your attention. The dispositive 1/10/2011
  • 14. NOV-16-2012 12:47 !MIGRATIONCOURT .. &.&&.&Ii ' From:auramarializcano.(alizc.ano84@yahoo.com) To: captainlaw@bellsouth.net; Date: Thu,September6,2012 7:41:50 PM Cc: i · Subject: Fwd:ARANGdTABARES/VICTORIAEUGENIA22 EPBHMATL Sent frommyiPhone Begin forwardedmessag~. Fro V. • T' I Mar Aire ' ' ~ '1m: iaJes ieaa <ua1estma:a1.~mai.com> Date: September SJ20124:58:51PMCDT To: ali7..can284@:taboo.com Snbjcet: ARANG' TABARES/VICTORIA EUGENIA I2SEP BBM ATL Thi~ doeum.ent 1J automatically gene:ated, Please do not re~pond to this Nil. I AG!.NCIADE VIAJES TIERRAMARAJ:Sf: 690 HOLCOMBSlUOGERD. STE I 100 5SEPTEMBER12 G REF YSHHSC P.008 .l 4!)I L Ul. ~ ROSWELLGA 30076 UNITEDSTA~ESoi' A TABMES/VICTORIAEOGENI TELEPHONE:404 09-9670 OODGLASR ~~~~;-~i~r=~~-;:;;;··-------:~----------+--------~~:~=~ ~~=~-SAT. 22SEP :SINf.ENGHAK AL. AXIJNTA. GA 0-91SA 11 l OA I Sl'RMINGHAM HARTSFIELDJ I<SON NON STOP I TERMINAL S DORAl'ION O:55 NONSMOKING RtStRVATION CONFIRMED- T ~CONOMY EQUIPMENT:BOEING(DOUGLAS)MJ.>,,88 tTS 26E/260 NO SMOlCINGCONFIRME DELTAAIR LINES!_ OL 3Sl3 SA'l' 22SEE' A~IJN'I'A GA MONTR£ALQC 1205P O~StiP HARTSFIELDJACKSON 1;>TRODEA'OINTL l RMINALINTL l DURATION2: 31 · NONSMOKING SERVATIONCONFIRMED- T ECONOMY :Ejt.IGHTOPERATEDBY PINNACLEDBAD LTA CONNECTION NON STOP A!IRCRAFTOWNER :9E PiloLE AIRLINES EpCIPMENT:CANADArRREGI0NA1..JET~ 0 S'f:A'l'Sl5A/l9D NO SMOKINGCONFI~ DELTAAIR LINESr1 DL •• ,g 1 SUN 30Sl;i' N'1'B.l:2L QC ATLANTA GA 1 T~UD.£ll0INTL HARTSFlELOJACKSON NONSTO'P ' TE'RMINALINTLI RESERVATION.CONFIRMED- T ECONOMY! ' • I .... - o. Q60.6P 0900F DURATION2:54 NONSMOKING , "11 1 nn, .,
  • 15. --
  • 17. --
  • 18. Mary 819th, Mary Beth, Please see my proposed response. If you like, could this response be through the Complaint website? Alternatively, I can send hardcopy today. Or maybe both. I know you are going on vacation. Are you in the office today? LRD -----Original Message----- From: Keller, Mary Beth (EOIR) Sent: Wednesday, April 13, 2011 4:00 PM To: Dean, Larry R, (EOIR) Subject: RE: URGENT ISSUE REGARDING DETAINED CLIENT IN EL PASO, TEXAS Larry, I think you should respond to this and advise that most of the below relates to matters within DHS purview which we cannot address. (As a side note, this seems to be the practice that NAIJ has complained about to me, i.e., that in some places, DHS is not setting initial bonds, leaving that to the IJ, and they think that is wrong --- see above email exchange w/ notes from Brian). Regarding the matters that relate to EOIR: (1) scheduling of the bond redetermination hearing; your review has not found anything out of order, and (2)G-28 is not an EOIR 28; note that we don't currently have an EOIR-28 on file. And anything else you think appropriate. My 2 cents. mtk -----Original Message----- From: Dean, Larry R. (EOIR) Sent: Wednesday, April 13, 2011 4:06 PM To: Keller, Mary Beth (EOIR) Subject: FW: URGENT ISSUE REGARDING DETAINED CLIENT IN EL PASO, TEXAS Mary Beth, I spoke with the CA about this. The individual who called the court was so rude that the legal assistant who dealt with the caller made a memo as soon as the conversations were over, In stmunary version, the people called to complain. The legal assistant spoke with them and explained how bonds are set and that the respondent would be set to the next available bond slot but that there were other bond requests ahead of this one. Since this did not sati$fy the caller, the legal assistant then spoke with the IJ. The IJ said that he felt that it would be unfair to schedule this person ahead of others who had earlier pending requ~sts. The initial master is set for 4/21, and the caller was so informed. The next available bond date is probably 4/20. So, both the initial and the bond are set for nF-xt week. I looked in CASE. The respondent has no counsel of record. filed a G28 with DHS, that is not an appearance before EOIR, this is not the attorney of record. If the respondent's attorney So--at least at this time-- As additional background, OHS issued the NTA on 4/8 and filed that with the court on 4/12. On 4/12, the initial was set for 4/21. Frankly, that is pretty impressive. A bond hearing on 4/20--if that can be accomplished--is well within CCGs. No one at the court has been rude to this person. My reports are that the staff acted professionally and calmly and told the caller that they would not argue with her and gave her the information regarding how bonds are set and that the respondent would, within that system, receive the next available date. We're hoping that is 4/20. 2
  • 19. Moutinho, Deborah (EOIR) From: Kelly, Ed (EOIR) Sent: Monday, August 22, 2011 5:08 PM To: Moutinho, Deborah (EOIR) Subject: RE: Status of Open Complaints in the Database Bain #524 is complete- oral counseling on 8/22/2011. Don't I owe you more paperwork on that one? Thanks, -Ed From:Moutinho, Deborah (EOIR) Sent: Monday, August 22, 20111:13 PM To: Kelly, Ed (EOIR) Subject: RE:Status of Open Complaints in the Database Thank you for your quick reply, I will close out# 519 as oral counseling on 8/17 Deborah From:Kelly,Ed(EOIR) Sent: Monday, August 22, 20111:12 PM To: Moutinho, Deborah (EOIR) Subject: RE:Status of Open Complaints in the Database Deborah, # 519 -- IJ Couch -- is done - oral counseling on 8-17-11. # 524 Bain will be done as soon as I talk to her this week (she's off to York on detail but I'm going to give her a call.) Cheers, -Ed From:Moutinho, Deborah (EOIR} Sent: Monday, August22, 20111:07 PM To: Kelly, Ed (EOIR) Cc: Keller, Mary Beth (EOIR) Subject: Status of Open Complaints in the Database Good Afternoon ACIJ Kelly Per ACIJ Keller's request I am sending you a summary report of all open complaints from your courts currently in the database along with detail report that shows you the specifics concerning each of the open complaints. After reviewing the reports please let me know ifthere are any updates and or resolutions to the open complaints - no need to complete a new complaint intake sheet just send me the update along with the corresponding complaint number found on the left hand side of the summary report. Please let me know if you have any questions or require additional assistance. Thank you Deborah Staff Assistant Office of the Chief Immigration Judge Executive Office for Immigration Review (703) 605-1389 ' 8/24/2011
  • 20. Moutinho, Deborah (EOIR) From: Sent: To: Cc: Sukkar, Elisa {EOIR) Wednesday, September 07, 2011 5:28 PM Keller, Mary Beth (EOIR) Moutinho, Deborah (EOIR); McGoings, Michael (EOIR) Subject: FW: AttorneyCharles Sibley DearMTK: Enclosed you will find Judge Ford's response to the complaint filed by Mr. Charles Sibley. Please read the decision from US District Judge Michael Moore where he actually discusses sanctions against Mr. Sibley for his multiple appeals to them when they do not have subject matter jurisdiction. The Writ of Habeas in the other matter Mr. Sibley refers to was also dismissed but Iwill confirm with Rico Segocio. Iwill fill out the form and close this matter with a dismissal with today's date Sept. 7, 2011. Thanks. EMS From:Ford, Rex(EOIR) Sent: Wednesday, September 07, 2011 3:04 PM To:Sukkar, Elisa (EOIR) Cc:Ford, Rex (EOlR) Subject: Attorney Olarles Sibley Dear EMS: Embedded in this e·mail is an abstract of an order from the Honorable K. Michael Moore, U.S. District Court, Southern District of Florida regarding Attorney Sibley's frivolous conduct regarding numerous motions and petitions in Bathazi v. U.S. Dept of Homeland Security, Case No. 09-22392-CIV- Moore/Simonton (Nov. 2, 2009). http://www.joffelaw.com/caselaw/2009/11/02/bathazi-vs-us-department--of·homeland-security-<::ase-no-09- 22392-civ-mooresimonton-november-2-2009/ I have reviewed the complaint and there is simply no merit to it. The first case to which he refers has to do with one of the Florida Language Institute "Students~. He was attempting to get the person released on a bond and there was credible evidence that the "student" was working on an F-1 which would have made him ineligible for reinstatement. This occurred last April and I was on leave. He cam around the Court trying to get Judge Dowell to overrule my no bond order and instead of simply waiting for a decision upon my return he filed a Habeas action. Upon my return I scheduled another bond hearing and he went on for hours. I put off a decision and instead he wanted voluntary departure at the end of the hearing- case closed. For the current matters, the records are self explanatory. Both respondents had two attorneys before him. Mr Sibley never entered an appearance before their final hearing on 6/22. Rather he filed a bond motion (two I believe) and the aliens were under a final order. He submitted a number of filings which had to be returned becc1usethey were not in proper order. Finally he submitted a motion to reopen/stay for both which were opposed by OHS and accordingly denied by me. He insists that he filed some application with USCIS, but no copy was submitted to the Court . In my decision he was cited to the regulation that gives exclusive jurisdiction to adjudicate applications to the IJ when the alien is in proceedings. 8 C.F.R. 1208.2 (b) and appeared to ignore it. Strangely, he finally submitted an application for the female respondent but it was one dated 8/9/2011. There was no actual evidence in the form of a previously filed application furnished. OHS opposed all of the motions in writing and I rendered timely decisions. Sincerely, RJF 9/8/2011
  • 21. To: Keller, Mary Beth (EOIR) Cc:)1outinho, Deborah(EOIR);McGoings,Michael(EOIR) Subject: FW:Attorney CharlesSibley Dear MTK: Enclosed you will find Judge Ford's response to the complaint filed by Mr. Charles Sibley. Please read thedecision from US District Judge Michael Moorewhere he actually discussessanctions against Mr. Sibleyfor his multipleappeals to them when they do not have subject matterjurisdiction. The Writ of Habeas in the other matter Mr. Sibley refers to was also dismissed but Iwill confirmwith Rico Segocio. I will fill out the farm and close this matterwith a dismissal with today's date Sept. 7, 2011. Thanks, EMS From: Ford, Rex(EOIR) Sent: Wednesday,September07, 2011 3:04 PM To: Sukkar, Elisa(EOIR) Cc:Ford, Rex(EOIR) Subject: Attorney CharlesSibley Dear EMS: Embeddedin this e-mail is an abstractof an order from the HonorableK. Michael Moore, U.S. District Court, SouthernDistrict of Florida regardingAttorney Sibley's frivolous conductregarding numerous motionsand petitions in Bathazi v. U.S. Dept of HomelandSecurity, Case No. 09-22392-CIV-Moore/Simonton(Nov. 2, 2009). http:1/www.joffelaw.com/caselaw/2009/11/02/bathazi-vs-us-department-of-homeIand-security-case-no-09-22392-civ- mooresimonton-november-2-2009/ I have reviewedthe complaintand there is simply no merit to it. The first case to which he refers has to dowith one of the Florida Language Institute"Students". Hewas attempting to get the person releasedon a bond andthere was credibleevidencethat the "student"was working on an F-1which would have made him ineligible for reinstatement. This occurred last April and I was on leave. He cam around the Court trying to get Judge Dowellto overrule my no bond order and insteadof simply waiting for a decision upon my return he filed a Habeasaction. Upon my return I scheduled another bond hearingand hewent on for hours. put off a decision and instead hewanted voluntarydepartureat the end of the hearing--<;aseclosed. For the current rnatters,the records are self explanatory. Both respondentshad two attorneys before him. Mr Sibley never entered an appearance beforetheir final hearing on 6122. Rather hefiled a bond motion(two 1believe)and the aliens were under a final order. He submitteda numberof filings which hadto be returned becausethey were not in proper order. Finally he submitteda motionto reopen/stayfor both which were opposed by OHSand accordinglydenied by me. He insists that hefiled someapplicationwith USCIS,but no copy was submittedto the Court. In my decision he was cited to the regulationthat gives exclusivejurisdiction to adjudicateapplicationsto the IJ when the alien is in proceedings.8 C.F.R. 1208.2 (b) and appearedto ignore it. Strangely, hefinally submittedan applicationfor the female respondent but it was one dated 8/9/2011. There was no actual evidence in the form of a previouslyfiled applicationfurnished. OHSopposedall of the motions inwriting and I rendered timely decisions. Sincerely, RJF 9/13/2011
  • 22. Jan 06 2012 2:15PM HP LASERJET FAX : ~eisel, Robert (EOIR) , ·,From: Keller, Mary Beth (EOIR) ·Sent: Friday, January 06, 2012 9:49 AM To: Weiser,Robert (EOIR) SubJact:RE: Complaint Master Calendar December 28, 2011 p.4 Pagel of 4 You are funny - fortunately, most of this won't be typed in the future, just crazy this week and figured it's easier to have it in hand at the beginning. Got your other emal1as well, and yes, close out Cheng, Mulligan and Chew per our com1ersationearlier. ; ....I wlll send you our definition of ~complaint" - you've never seen it be it's bureaucratie gobbledygook. Bottom line:it's pretty wide in order for us to capture any possible issues and handle/get rid of tt,em asap. That bQingsaid, f don't think we should "create" a complaint about Vomacka whem one really doesn't exist. itwas simply a piece of the review you did relating to another judge and there isn't a problem. Just keep a record, because when someone comes calling alleging impropriety. especlally . since Judge Vomacka has had his Cfitics, we have our answer readily avallable . . ,~,._lX, "mtk f . From: Weisel, Robert (EOIR) ··sent:Thursday, JanuaryOS,2012 6:04 PM To:KellerrMaryBeth(EOIR} SUbJed::RE:C.omplaintMasterCalendarDecember28, 2011 I just spoke to Judge Cheng.She said she heart! her legal assistant, Summie Gomez ask the complainant as per her instructions, whether she had a case, The person said no and also replied she just wanted to observe a h&aring. Summie said ok and the woman remained in Judge Cheng's courtroom until the end , of the docket. I spoke to Judge Vomacka and he verified Judge Cheng's rendiflon. I want to give you a ·.. little more detail regaroing Judge Vomacka. First of all, Itwas an asylum case. Secondly, Judge Vomacka ·; sak.l the woman appeared agitated, and walked up to the front of the courtroom,sat down right behind the , gate. Judge Vomaoka stated he asked the woman ff he could help her. She repeated her request to :observe. Vomacka explained asylum hearings in some cases are confidential and needed to seek the assent of the respondent to her presence. The judge used the interpreter. Vomacka could not recaU -whether the respondent's attorney asked he client whether he wanted to consent or whether the judge _:asked the respondent himself through the interpreter. Regardless, the respondent did net want the . complalnant In the courtroom. Judge Vomacka told the complainant that she would have to leave but said . there may be other hearings she could observe. At that point, the complainant said the judge should be fired at that point and left. Should I still fax a an IJ intake complaint form and ifso, may I dismiss thisas dispn:,ven? Bythe way,I don't want to quit, fn fact. I am convinced this will vastly Improve mytyping skills . .Qn a serious note, than leyou for aft your assistance. ·sob Robert D. Weisel Assl&tant Chtef Immigration Judge 26 Federal Plaza- Suite 1237 NY, NY 10278 From: Keller,MaryBeth {EOIR) ·$t=nt: 11ursday, January 05, 2012 4:57 PM To: Weisel, RDbert(EOIR) Ce: Moutlnho, Deborah (EOIR} SUbJed: RE:C.OmplaintMasterCatendarDecember28, 2011 1/6/2012
  • 23. ~an 06 2012 2:15PM HP LASERJET FA:.: p.5 Page2of 4 Ok. Another good one for the here's- how- it- always - happens book: you look into one thing and find another twol . First, on the Cheng issue, 1tsounds like thls didn't happen on the record then, so you may want to ask the legal .assistant what was said (we've had legal staff stating the open/closed hearing policyin a less than clear way to the public in other situations) just to be sure there isn't anissue there. But, you are correct on the disposition(s) - and of course they are often iweeners· as Larry Dean would say. But, we have to picl< one. In this circumstance !would go with "disproven· since if it was anyone Who may have misstated something 4tapparently wasn't the fUdge. Meanwhile, since lega~staff are afso in your court, you probably neeato just check in on that per the above. AND, I thlnk you need to tatk to Judge Vomacka. Especially given this person's apparent mission, and other ~sons as wetl, I think we need to make sure Judge Vomacka is in the clear. That is, I think Lt'sworth a quick conversation with him as to what transpired, and why he closed the hearing. 1am assuming itwas an asylum case, since everything else Should generally be open, but we should find out. Again, give me a buzz if you want to talk about. I hope you don't want to quit yet! ·mtk From:Weisel,Robert {EOIR) Sent: Thursday, January OS, 2012 4:01 PM To: Keller, Mary Beth (EOIR) Cc: MoutJnho,Deborah(EOIR) Subject: RE: c.ompla!ntMaster Calendar December 28. 2011 .Mary Beth: l spoke to Judge Cheng. She recalled on that date at the time indicated in the complaint, she was addressing a pro se respondent who happened to be the last person taken on her docket that morning. The complainant walked in and sat down. Having no further matters on her calendar that moming, the judge asked her legal ·assi,tant to inquire of the complainant whether she had a matter before Judge Cheng. The complainant said she .did not and then walked out of courtroom. Judge Cheng advised she had no words at all with the complainant and did not disallow her to be in her courtroom.Judge Cheng informed me that Judge Vomacka told Judge Cheng that the complainant walked into his courtroom which is adjacent to hers. The complatnant requested Judge Vomacka allow her to sit and observe his hearing. Judge Vomacka asked the parties for permissiOf' to allow the complainant to obseNe, the respondenfs counsel objected. Judge Vomacka advised the complainant and asked her to leave. Judge Cheng reports Judge Vomacka was told by the complainant he should be fired because of his decision and then left his courtroom. First of all, would you like me to fax an lJ Complaint Intake Fonn to you. Secondly, taking the pop quiz, I would choose either complaint dismissed, as frivolous or complaint dismissed because it was disproven. { I am hedging my bets) Bob RobertD. Weisel Assistant Chief Immigration Judge 26 Federal Plaza- Suite 1237 NY, NY 10276 From: Keller, MaryBeth (EOlR) Sent: Thursday, January 05, 2012 11:52 AM To: Weise!, Robert (EClIR) Subject: RE; Complain Bab, No problem - that is whatwe are all here for, esp mein this context! I Just looked at the date and pulled up her 1/6/2012
  • 24. _2an 06 2012 2:16PM HP LASERJET FAX p.S Page 3 of4 calendar Justto see what was on that day since he gave us a date and time but not an A#. And yes,absolutely there are some complaints that are so frivok,us we don't speak to the judge at least on the front end. We do advise the Judge(absent a valid) reason not to that a complaint came Jnand we closed it out as Mvolous or meritless once wed0 that, so that the judge knows. NA1Jwas really acamant about this. i.e., that judges should be Inttie loop, though we fett we didn't want to bother judges Insome instances. As you wiltsee, managers deal with a rotof •junk"! But, if judges see we are aismissing ujunk"out of hand, that should show them that we have a credible process for weeding out the valid concerns from the meritless. Mtk From:Weise1,Robert (EOIR) sent: Thursday, January 05, 2012 11~43AM To: Kellee-,MaryBeth(EO[R) SUbJect: RE:Complain Thank you, Mary Beth. That's what a learning curve is all about I did not knOWthat this wasa Master and a9-Sumedtt was an tndMdua. I put a cal into MaJYand w19et back.tn you.Sarai"advised me that there are some complaints that are so frivolous that she does not even speak to the judge. However, I would agree with you, ifthis is a master, then it raises my antenna. Itwould be out of the ordinary to bar anyone from the court room at a master absent certain uniq1,1esituations. Bob Robert D. Weisel ._AssistantChief Immigration Judge .26 Federal Plaza- Suite 1237 1J"Y,NY 10278 from: Ke!ler,Mary Beth {EOJR) .Sent: Thursday, January 051 2012 10:35 AM -.-To~Weisel,Robert (EOIR.) Subjett: RE:c.omplan Bob, I am betting 'thatyour response below will be appropriate. But, before we send it, did youtalk to the judge? I see that the judge had a master calendar that day and withoutfurther Information from the complainant It's not clear why a member of the public would be excluded, though you and I can think of many reasons. As you know, we have had a lot of court watchers lately, esp in NYC, and, we have had some other issues with misinformation being provided to the public regarding whether hearings are open or not I'd suggest either a quick listento the cruseson the master that day or a quick conversation w/ th.ejudge if you haven't had one already to find out if $he recalls this, and tf so, what transpired. That way we have our facts . Ifshe doesn't recall, or there's nothing on the OAR, then wedo your response - I would then suggest one minor addition - see below. Pop quiz: what would the dismissal or conduslon be? @ Let me know what you think re all of the above. mtk From:Weisel, Robert (EOlR) Sant Thursday, January OS,2012 10:04 AM To: lJConduct,.EOIR(EOIR) CC::Keller, Mary Beth (EOIR} subject: RE: Complain I am In receipt of your complaint dated January 4th 2012. 8 Code of Federal Regulations 1003.27 (b) confers upon the Immigration Judge the authority in certain circumstances to s ••• limit attendance or hold a dosed hearing". Without further Information, I conclude basedtlf'61'1the iMfer1T1etion,,,~eeel,Judge Chen ctidnothing inappropriate in the performance of her Judicial duties. 1/6/l012
  • 25. February 6, 2012 MEMORANDUMFOR RECORD FROM: Gary W. Smith, Assistant Chief Immigration Judge SUBJECT: Complaint from Mr. Anthony Dinh, Attorney Advisor, Arlington Immigration Court 1. Mr. Anthony Dinh, Attorney Advisor, Arlington Immigration Court, talked with me by phone on February 2, 2012, and asked if he could come see me to talk with me about something. I didn't know what it was he was concerned about but told him to come on February 6 th • He came over on February 6th about 11:00 am. He expressed some reluctance about talking and said it pertained to ethical issues at the Court. I told that if it pertained to the Court, I needed to know about it. He then related the following: a. LaSheila Grant is accepting gifts, Starbucks coffees and pastries, and gives attorneys favoritism on scheduling cases. They cal) her directly, sometimes on her personal cell phone, rather than going to the receptionist. He received a call from an attorney in the New Year about a juvenile hearing date. He checked it and the attorney is not listed as the attorney of record, and he told the attorney he couldn't give him the infonnation. The attorney asked him to refer him to LaSheila He said this happened over a course of time. b. Judge Burman has been falling asleep on the bench. Last year, several months ago, there was a commotion in the waiting room. A family member said the judge was sleeping. He and the security guard looked and sure enough, Judge Burman was asleep on the bench. The security guard told LaSheila, and LaSheila woke the judge up. She told him and the security guard not to tell anyone. The security guard, Max, said LaSheila wanted to keep it "hush hush." Judge Burman granted the respondent relief, and there wasn't an appeal. He said he will try to identify the date. c. The intern heard on DAR a case where the DHS counsel accused Judge Burman of sleeping on the record, and he thinks this happened during cross-examination. He said that he would provide me the Alien number (he later provided the name: Moffy Lumanisa Bikooni, A200-641-216). The decision involves a credibility finding and
  • 26. ifs a reserved decision. (I asked him to check the report of cases he sent me and he didn't find it on there.) He said that one of the law clinics gave Judge Burman some expresso beans, which he gathered was so that Judge Burman would stay awake. d. During the last week of December 20 I 1, he saw Judge Burman at a bar in Crystal City drinking with a woman attorney named Jan Peterson. He said other attorneys said she was bragging about getting drunk with the judge. I asked him if he heard her say this and he said that he had not. 2. I talked with Ms. Celia Kuiken about the allegations about LaSheila Grant accepting gifts and Judge Burman sleeping on the bench. She said she was unaware of either. 3. I asked Mr. Mark Pasierb, who was Acting Court Administrator at Arlington, during the last half of the year and until mid-January 2012. He read my notes and said he was unaware of either LaSheila receiving any gifts or Judge Burman sleeping at the bench. He said no one had reported anything like that to him. He added that she would be the last one he would call if her were an attorney because of her mood swings. 4. He added that in early 2011 when Celia Kuiken first became Acting CA, LaSheila Grant began spreading a rumor that Ms. Kuiken was sleeping with Mr. Egozcue. Gary W. Smith Assistant Chief Immigration Judge
  • 27. February 17, 2012 MEMORANDUM FOR RECORD FROM: Gary W. Smith, Assistant Chief Immigration Judge SUBJECT: Interview of Max Arevalo and Discussion with Celia Kuiken and Cheri Bowyer On February 16, 2012, I went to the Arlington Immigration Court to meet with Ms. Celia Kuiken, Acting Court Administrator. and Ms. Cheri Bowyer~ Supervisory Legal Assistant. I told both of them that Ihad received a complaint alleging that LaSheila Grant had been accepting gratuities from attorneys for scheduling cases. Both said they knew of nothing like that. I told Ms. Bowyer to talk with La.Sheila and find out if that has been going on. and if so, to tell her that is an ethical issue and is to stop, and to report back to me. I also told them I had received a complaint of Judge Bunnan sleeping at the bench and that the complaint related to conduct a year or more before. Both said they were not aware of anything like that and would be surprised if anything like that were going on. While at the Court. I interviewed Mr. Max Arevalo, Contract Security Officer. I asked him ifhe recalled an incident when Judge Burman was allegedly asleep during a hearing. He said that he did recall such an incident. He said that it was a video hearing and there was a visitor at the hearing who came out of the courtroom and asked Mr. Arevalo in Spanish, "How was the judge listening to the testimony ifhe was fa1ling asleep? It doesn't seem fair." Mr. Arevalo said that he looked into the courtroom and Judge Burman had his head resting on his uplifted arm. Mr. Arevalo said that he told LaSheila Grant who went into the courtroom and said something to the judge. Mr. Arevalo did not remember Anthony Dinh being there and did not remember LaSheila saying not to tell anyone . He said this was the only such incident like this he knew of and it was about a year ago. He believed it was in the morning during a master calendar hearing. After talking with Mr. Arevalo, I spoke with Anthony Dinh. I told him that in the incident he reported to me of the intern detecting that an attorney had asked Judge Burman ifhe were sleeping, that Judge Bunnan in less than a second, answered that he was not. I told him that didn't appear to have any substance. I also told him Mr. Arevalo didn't remember him being around the day about a year ago. Gary W. Smith Assistant Chief Immigration Judge
  • 28. --------~ ~l~ C- --~---.~----=--i..L~~----.1,w-~~ ---A&,~__!_~~-~:______1.YJ,l~(u,fw.~_.,______~~~ - ·--·----~ -· -· ~
  • 29. Moutinho, Deborah (EOIR) From: Sent: To: Keller, Mary Beth (EOIR) Wednesday, June 27, 2012 8:44 AM Moutinho, Deborah (EOIR) Subject: RE: Atty:Magdalena Cuprys I would just add this as a miscellaneous item under the original complaint against Judge Ford, "ongoing issues with attorney appearing late in court." From: Moutinho,Deborah(EOIR) Sent: Wednesday,June27, 20128:26 AM To: Keller,MaryBeth (EOIR) Subject: RE:Att,./:MagdalenaCuprys So we are holding off putting this into the Database? From: Keller,Mary Beth(EOIR) Sent: Wednesday,June27, 2012 8:20 AM To: Sukkar, Elisa(EOIR) Cc:Moutinho,Deborah(EOIR) Subject: RE:Att,./:MagdalenaCuprys I suspect that Jenni Barnes will be addressing this, it seems out of bounds. mtk From: Sukkar,Elisa (EOIR) Sent: Tuesday,June26, 2012 8:14 PM To: Keller,Mary Beth (EOIR) Cc:Moutinho,Deborah(EOIR) Subject: FW:Atty: MagdalenaCUprys MTK: This is the situation with the attorney that complained against IJ Ford recently, Ms. Magdalena Cuprys. This is not an isolated situation with the attorney meeting with clients when she should be in court representing them. She is also nonchalant about being late or not showing up at all. This just happened last Friday, June 22, 2012. Thanks. EMS From: Ford,Rex(EOIR) Sent: Friday,June22, 20129:25 AM To: Sukkar,Elisa(EOIR) Cc:Barnes,Jennifer (EOIR) SUbject: Att,./:MagdalenaCuprys Greetings: It is now 9:20 a.m . ancl Attorney Magdalena Cuprys has four cases today starting at 8:00 a.m. She has still not signed in but is "meeting with my clients". Lorenzo Felipe-Sales 205-014-062 was scheduled for 8 a.m., Aldo Granada 088-085-916 is also scheduled for 8 a.m. and she has an individual at 9 a.m. 201- 013-909 and an individual at 10:30 a.m. 205-122-674. This conduct must stop as it is completely disruptive to the effective operation of the Court. Sincerely, RJF 6/27/2012
  • 30. EOIRFOIA Processing(EOIR) From: Sent: To: Subjed: Dufresne, Jill (EOIR) Thursday, October 11, 2012 12:08 PM Keller, Mary Beth (EOIR) RE:Complaint Regarding an Immigration Judge's Conduct Due process is OK. The disposition should be: complaint dismissed - not substantiated. Also, Paul drafted a response on the VAWA complaint. I will bring it to you later. Thanks, Jill. From: Keller, MaryBeth(EOIR) Sent: Thursday,October11, 2012 11:49AM To: Dufresne,Jill (EOIR) Cc: Moutinho, Deborah (EOIR) Subject: RE: Complaint Regarding an Immigration Judge's Conduct Jill, This is currently characterized as "other - time management issue" in the db. I think we should check off "due process" instead, since "other'' doesn't provide us much info. Also, how would like the db to reflect resolution on this? Thanks. mtk From:DConduct,EOIR(EOIR) sent: Monday,August 06, 2012 8:31 AM To: Dufresne,Jill (EOIR) Cc:Keller,MaryBeth(EOIR) Subject: FW:ComplaintRegardingan Immigration Judge'sConduct Good Morning, Please seethe below complaint that came into the IJConduct mailbox concerning IJCuevas. Thank you Deborah From:KhaledMagdaldenAli [mailto:khaled magdalden@yahoo.com] Sent: Friday,August03, 2012 11:57 PM To: DConduct,EOIR (EOIR) Subject: ComplaintRegardingan Immigration Judge'sConduct Dear: I have an Asylum case been hold by judge Cuevas Carlos Chicano immigration I live in Iowa City, IA and i am seeking asylum but every time i came to the hiring on time he did not let me in because of some other small cases, I had 2 hiring dates the first one was on JAN of2012 i drove from 1
  • 31. NOV-16-2012 12:47 !MIGRATIONCOURT .. &.&&.&Ii ' From:auramarializcano.(alizc.ano84@yahoo.com) To: captainlaw@bellsouth.net; Date: Thu,September6,2012 7:41:50 PM Cc: i · Subject: Fwd:ARANGdTABARES/VICTORIAEUGENIA22 EPBHMATL Sent frommyiPhone Begin forwardedmessag~. Fro V. • T' I Mar Aire ' ' ~ '1m: iaJes ieaa <ua1estma:a1.~mai.com> Date: September SJ20124:58:51PMCDT To: ali7..can284@:taboo.com Snbjcet: ARANG' TABARES/VICTORIA EUGENIA I2SEP BBM ATL Thi~ doeum.ent 1J automatically gene:ated, Please do not re~pond to this Nil. I AG!.NCIADE VIAJES TIERRAMARAJ:Sf: 690 HOLCOMBSlUOGERD. STE I 100 5SEPTEMBER12 G REF YSHHSC P.008 .l 4!)I L Ul. ~ ROSWELLGA 30076 UNITEDSTA~ESoi' A TABMES/VICTORIAEOGENI TELEPHONE:404 09-9670 OODGLASR ~~~~;-~i~r=~~-;:;;;··-------:~----------+--------~~:~=~ ~~=~-SAT. 22SEP :SINf.ENGHAK AL. AXIJNTA. GA 0-91SA 11 l OA I Sl'RMINGHAM HARTSFIELDJ I<SON NON STOP I TERMINAL S DORAl'ION O:55 NONSMOKING RtStRVATION CONFIRMED- T ~CONOMY EQUIPMENT:BOEING(DOUGLAS)MJ.>,,88 tTS 26E/260 NO SMOlCINGCONFIRME DELTAAIR LINES!_ OL 3Sl3 SA'l' 22SEE' A~IJN'I'A GA MONTR£ALQC 1205P O~StiP HARTSFIELDJACKSON 1;>TRODEA'OINTL l RMINALINTL l DURATION2: 31 · NONSMOKING SERVATIONCONFIRMED- T ECONOMY :Ejt.IGHTOPERATEDBY PINNACLEDBAD LTA CONNECTION NON STOP A!IRCRAFTOWNER :9E PiloLE AIRLINES EpCIPMENT:CANADArRREGI0NA1..JET~ 0 S'f:A'l'Sl5A/l9D NO SMOKINGCONFI~ DELTAAIR LINESr1 DL •• ,g 1 SUN 30Sl;i' N'1'B.l:2L QC ATLANTA GA 1 T~UD.£ll0INTL HARTSFlELOJACKSON NONSTO'P ' TE'RMINALINTLI RESERVATION.CONFIRMED- T ECONOMY! ' • I .... - o. Q60.6P 0900F DURATION2:54 NONSMOKING , "11 1 nn, .,
  • 32. NOV-15-2012 12:47 !MIGRATIONCOURT I II I ljI,IGHT OPEAATEDBY PINNACLEDBADL..TA CONNECTION AIR.a.AFT OWNER : 9E PlNrcLE AIRLINES EQ'CJI.PMENT:CANADAlRREGIONALJET 9 0 J SEATS09D/09C NOSMOnNGCON1IltME DELTAAIR LINES - DL 1542 SON30SEP TLANTAGA BIRMINGHAMAL NON$TOP HARTSFIELDJACKSONBIRMINGHAM ~ENaNAL S ~SERVATION CONFIRMED- T ECONOMY ~OIPMENT:BOEING 737-ao·o l TS 25F/25E NOSMOKINGCONFX:RME RESERVATION N (S) DL/GCDH4A llOOP l052P OUAATION O: 52 NONSMOKING ARANGOTABAM!S/ CTO.R.IAEUGENIA COONER/DOUGLAS TICKET: t/ETK'l' 006 7104168725 TICKET: L/ETKT 006 7104168726 Viajes Tierrl Mar Aire 690 Holcomb Bridge Rd. Ste# 100 Roswell , GA 30r6 Phone 404--109-9670 Toll Free 1-888-407-1517 vi1iestma@gmai~.com • , .. I l t,' "f~ -~:.:,, ', I'~ . I·.' . ( ....... . ... '». ". - .; I,,. .. '. .. . . .I.. ·- .. ·"· n .• • • ,. • ·-·' • A.. --" 0.. •--.3.-4C~~.,ll~..4. I 1.'111 l")fl1 "t