Citations are also linked in the body of the Featured Case. See Diop, 656 F.3d at 232-33 (noting that the inquiry into whether detention has become unreasonable "will necessarily be a fact-dependent inquiry that will vary depending on individual circumstances" and "declin[ing] to establish a universal point at which detention will always be considered unreasonable"). The Justice Department is accelerating the hiring of judges to chip away at the record backlog. by Rebecca Beitsch - 05/08/21 10:17 AM ET. Ginger Thompson is ProPublica's chief of correspondents. From 2008 to 2010, she served as a judicial law clerk at the Miami Immigration Court, EOIR, DOJ, entering on duty through the Attorney Generals Honors Program. A .gov website belongs to an official government organization in the United States. at Ex. Furthermore, there is no evidence that Petitioner is challenging his removal in bad faith. (DE 6 at 8 (citing Burgus Declar. Be Proactive. How old is Wilder? the immigration judge asked. Other nationalities in descending order of frequency appearing before Judge Thompson were: India From 2010 to 2012, she served as an attorney advisor in the Office of the Chief Immigration Judge, EOIR, DOJ. Get our investigations delivered to your inbox with the Big Story newsletter. He spent 20 months in prison and was freed in 2008. (DE 6-1, Ex. Earlier this . Your honest review allows judges to receive an assessment of their work, and to hopefully make adjustments so that at the end of the day, we have a more uniform application of the laws and regulations, with fairness, courtesy and compassion in all our immigration courts across the United States. Thus, after Demore it was clear that detention for less than six months was insufficient to support an as-applied challenge to detention under the statute. (DE 8.) [1] On July 29, 2010, Petitioner began serving a six-year incarcerative sentence as a result of his February 5, 2010 conviction in a New York criminal court for third-degree robbery.1 (See id. Id. She testified that between 2001 and 2003 she saw Thompson expose himself at least 15 times. If you share republished stories on social media, wed appreciate being tagged in your posts. Sign up for our newsletter to keep reading. From May 2007 through April 2017, she served as an assistant chief counsel for the Office of Chief Counsel, Immigration and Customs Enforcement, Department of Homeland Security, in Eloy and Phoenix, Ariz. From November 2003 to April 2007, she was an associate attorney with Wolin, Kelter & Rosen Ltd. From October 2000 to October 2003, she served as staff counsel with the Office of the General Counsel, Chicago Housing Authority. An appropriate Order accompanies this Opinion. judicial philosophy that the Judge brings to the bench. Today there are about 550 immigration judges carrying an average of almost 3,000 cases each, which makes it nearly impossible to provide anything like fair and consistent justice. KNOXVILLE, Tenn. (AP) A federal judge has approved a settlement of more than $1 million in a class action lawsuit that challenged a federal immigration raid at an . Judge Marquez is a member of the Louisiana State Bar. Official websites use .gov The Creek County Sheriff's office confirmed Donald Thompson was arrested for DUI early Tuesday . NewsOn6.com. Judge Id. Our survey aims to provides someone who has little or no idea what it is like to live in fear of deportation a way to imagine the weight of the constant threat and its damaging effects on children. He said he had seen such devices in Austin Powers and Dead Man on Campus.. Respondent (hereinafter, "the Government") avers through the Declaration of Paralegal Specialist Elizabeth Burgess that the first of Petitioner's bond hearings before an IJ was held on March 31, 2015, at which time "the [IJ] took no action on [Petitioner's] request for bond." at Ex. D).) F at 2) formally denied Petitioner's application to be released on bond on December 22, 2015. That day, Romero was afraid. Listed below are the cases that are cited in this Featured Case. Attorney General (AG) William Barr directed the Board of Immigration Appeals (BIA) on Wednesday to refer two cases, Matter of Thomas and Matter of Thompson, to him for review on certification.The ultimate decision will likely provide needed guidance to immigration adjudicators, and will also likely limit any attempts by activist state judges and prosecutors to protect otherwise removable . By way of that pleading, Petitioner requests that this Court "order [that he] have a constitutionally adequate bond hearing." (To inquire about syndication or licensing opportunities, contact. Center for Gender and Refugee Studies. He said he may have absentmindedly squeezed the pumps handle during court cases but never used it to masturbate. The trial tested a defense strategy of blaming Donald Trump for the actions of hundreds of rioters on January 6, 2021. . K.) The BIA, on January 24 . The Creek County Sheriff's office confirmed Donald Thompson was arrested for DUI early Tuesday morning and booked into the Creek County jail. He was one of the . It is unclear what additional steps have since been taken by the BIA and/or the immigration court in response to the Second Circuit's remand. other factors, such as the types of cases on the Judge's docket, the detained status of immigrant Use the 'Report' link on each comment to let us know of abusive posts. In 2015, he claimed that immigration law was simple enough for preschoolers to understand. 70.6. Then she asked the judge to set aside any decisions about the boys asylum claim until Wilders lawyer could arrange to be in court with him. . McClanahan-Fernandez subsequently filed for a protective order against Thompson, but it was dismissed when she failed to show up for a court hearing. (DE 6.) The judge agreed. at 3.) Nature of Suit: 530 Habeas Corpus (General) contrast, a significantly higher proportion of represented asylum seekers are successful. Meet the new judges working in New York City's immigration court under the Trump administration's higher caseload demands and stricter asylum rules. Of these, he granted asylum for 941, granted 9 other types of relief, and denied relief to Id. An Associated Press analysis shows that President Donald Trump's administration has appointed at least 190 immigration judges, accounting for 43 percent of the total. The lawyer said no. at Ex. Share with Us. None of them knew when and if theyd be together again least of all little Wilder. 16.7% of asylum seekers are not represented. Jennings therefore, says the Third Circuit, "[does] not call into question [its] constitutional holding in Diop that detention under 1226(c) may violate due process if unreasonably long." Please subscribe to keep reading. detain[ing] him without bond to further the goals of the statute."). For an optimal experience visit our site on another browser. As might be expected, immigration courts located The administration filled two-thirds of the immigration courts' 520 lifetime positions with judges who, as a whole, have disproportionately ordered deportation, according to a Reuters analysis . Any website our stories appear on must include a prominent and effective way to contact you. He is very wise and generous man. (Andrew Kelly/Reuters) Comment on this story See Figure4. Well see you soon., Wilder, a huge Spider-Man fan, waved at the judge, then pretended he was shooting spiderwebs from his wrists. Under this approach, district courts must determine whether an individual's detention has crossed the "reasonableness" threshold, thus entitling him or her to a bail hearing. Deportation fears are taking a heavy psychological toll on New York City's immigrant communities and its a burden children will bear for their rest of their lives, experts say. And last year, the Justice Department set a new quota for . Figure 1 provides a comparison of Judge Thompson's denial rate each fiscal year over this recent Raines said Thompson admitted to drinking two beers during the evening. As in Diop, that conclusion resulted from the Third Circuit's "use of a balancing framework [that] makes any determination on reasonableness highly fact-specific." The union for immigration judges in the United States is expressing concern about the ousting of multiple Trump-era immigration judges from their positions -- calling the removals "unprofessional . Id. He is scheduled for a July 26 initial court appearance. A.) See Leslie v. Att'y Gen.,678 F.3d 265, 268-270 (3d Cir. Bail on the third count was set at $1,000. at 233. He was the father of Nancy Thompson, the ex-husband of Marge Thompson, and according to a deleted scene from A Nightmare on Elm Street, the father of another child who was murdered by Freddy Krueger before he (Freddy Krueger) was burned to death. (See DE 6 at 7; accord DE 10 at Ex. Window Filing Hours: 8:30 a.m. - 4:00 p.m. Was he still detained? 2 38 thompson, donald w., jr. 271 98 tijerina, eric j. See more about constitutional law and . Individuals from this Detailed data on decisions by Judge Thompson were examined for the period covering fiscal years 2017 From October 2009 through November 2014, he served as an assistant chief counsel for the Office of the Chief Counsel, Immigration and Customs Enforcement, Department of Homeland Security, in Fort Snelling, Minn. From January 2005 to October 2009, he was a judge advocate with the U.S. Army Judge Advocate General Corps, serving in the 4th and 7th Infantry Divisions. (Id. The fates of many immigrants struggling to avoid deportation or to gain asylum are in the hands of U.S. immigration judges grappling with more than 650,000 pending cases. (Id. 36, DE 6-1 at Ex. Nowhere to Hide is a product of the NYCity News Service at the CUNY Graduate School of Journalism. (DE 6-1 at Ex. He was sentenced to four years in prison, but served less than half of that. Judge Thompson's asylum grant and denial rates are compared with other judges serving on the same The American Civil Liberties Union (ACLU) has filed several lawsuits against the Trump administration's asylum and border policies. Judge Thompson earned a Bachelor of Arts degree in 2003 from the College of New Jersey and a Juris Doctor in 2006 from the Seton Hall University School of Law. As noted, Petitioner has, for the last 52-plus months, been subject to mandatory detention pursuant to 8 U.S.C. The lawsuit was dismissed in September, and some attorneys have been ordered to pay sanctions. On July 20, 2017, the Second Circuit stayed Petitioner's removal during the pendency of his PFR. Theyre protecting kids from criminal dads and moms. However, none of the current clinical measurement tools include specific questions about deportation fears. When asylum seekers are not represented by an attorney, almost all of them (83%) are denied asylum. nations tend to be more successful than others. After a nearly . Given these factual circumstances, the Court finds that due process requires that Petitioner be provided an individualized bond hearing "at which the Government bears the burden of proving that continued detention is necessary to fulfill the purposes of the detention statute." This testimony rated RThe R-rated testimony has produced occasional outbursts of laughter and surreal scenes. (Id. I.) For decisions. Judges at the New York Immigration Court where Judge Thompson decided these cases denied asylum 34 percent of the time. Attorney General Jeff Sessions appointed Donald W. Thompson to begin hearing cases in April 2017. Thompson, 59, is charged with four counts of indecent exposure, each punishable by up to 10 years in prison. Wilder, a smiley, pudgy Salvadoran boy, missing his two front teeth, was the youngest defendant on the juvenile docket that day. 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Born in a remote mountain village at the northern edge of El Salvador, he barely knew what to make of the metal detector at the courthouse, much less why he was in court in the first place. STEVEN AHRENDT, Warden of Bergen County Jail, Respondent, represented by VICTORIA MARIE BRAGA , USDOJ, CIVIL DIVISION, OIL. Neal and his wife, Lisa Foster, make their way back into the Creek County courthouse for the indecent exposure trial of retired judge Donald Thompson on Monday, June 26, 2006, in Tulsa, Okla. Lisa . individuals claiming asylum decided during this period. (Id. During the pendency of Petitioner's now 52-plus months of detention under 1226(c), the immigration courts have denied all of his applications to be released on bond. See id. The New York - Federal Plaza Immigration Court falls under the jurisdiction of the Office of the Chief Immigration Judge, which is a component of the Executive Office for Immigration Review under the Department of Justice. at 531. Because the Demore Court found the statute constitutional, it rejected the petitioner's challenge even though he had spent a period of approximately six months in detention. 1.5. Initially people didnt want to leave their house.. Thompson was transported to the Creek County Criminal Justice Center, where he took two breathalyzer tests. Officers who arrested Thompson reported that his trousers were "unzipped (and) gaping open.". (DE 11.). Judge Thompson's asylum grant and denial rates are compared with other judges serving on the same court in this table. Around 120 children remain in federal custody because their parents had already been deported. The composition of cases may differ significantly between Immigration Courts in the country. (DE 1.) Explore the interactive below, which shows 34 current immigration judges in New York State and their track record on asylum cases. The boys, wearing pressed slacks and button-down shirts, sat in the back. Be Nice. His bail on six counts including three felonies totals $76,500. The jury foreman has said it was the jurys intent that Thompson serve the full sentence. 2 3 torreh-bayouth, lilliana 12 107 travieso, frank m. 17 94 tregerman, gwendylan e. 19 86 trimble, dan 1 35 trujillo, eileen r. 31 30 truman, phillip m. 11 137 tsankov, mimi 10 48 tuckman, dean . The boy and his father had been separated on June 6, after they illegally crossed the border and asked for asylum. The jury recommended a sentence of one year in prison and a $10,000 fine on each count. The affidavit states that Raines conducted three sobriety tests on Thompson and then arrested him. I just granted that request. A former Oklahoma judge, a veteran of 23 years on the bench, is on trial on charges he used a penis pump on himself in the courtroom. Id. ARRESTED Donald Thompson: The former Creek County judge made headlines five years ago when he stood trial on allegations that he had used a penis pump on the bench during trials. In 2021, Donald W. Thompson was a General Attorney at the Executive Office for Immigration Review in New York - New York, New York. From March 2006 to April 2017, she served as an assistant chief counsel for the Office of Chief Counsel, Immigration and Customs Enforcement, Department of Homeland Security, in New Orleans, La. STEVEN AHRENDT, Respondent. 0. (quoting Demore, 538 U.S. at 529). at 847 (internal quotation marks omitted). at 477. Note that when an Immigration Judge serves on more than one court during the same period . With stories from U.S. Politics, U.S. State Supreme Courts, Rights & Freedoms, Joe Biden, Birth Control, Abortion, Reproductive Rights, Civil Rights, College & University. Prosecutors said he also used a device known as a penis pump during at least four trials in the same period. After a nearly three-week trial, he was convicted of four felony counts of indecent exposure. Attorney General Jeff Sessions appointed Donald W. Thompson to begin hearing cases in April 2017. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. The Justice Department is accelerating the hiring of judges to deal with the record backlog. Police built a case against the judge after a police officer testifying in a 2003 murder trial saw a piece of plastic tubing disappear under Thompsons robe. DONALD THOMPSON OBITUARY. Nina M. Carbone, Immigration Judge, Aurora Immigration Court. Over one hundred different nationalities had at least one hundred at Ex. While detention under 1231(a)(6) lacks a "definite termination point," 1226(c) authorizes detention only until the conclusion of removal proceedings. Some 30 cases involve children whose parents have criminal histories. Get up-to-the-minute news sent straight to your device. And, given the required legal grounds for a successful asylum claim, asylum seekers from some Updated: 04/14/2022 04:44 PM EDT. Id. Former Creek County Donald Thompson Judge Arrested Again. The girlfriend said Thompson had been stalking her and had threatened to kill her. Id. And there were three very pregnant girls, one of them complaining of pain, in the front. A Defendant Shows Up in Immigration Court by Himself. in different parts of the country tend to have proportionately larger shares from some countries than from 2011), the Third Circuit considered whether a petitioner was entitled to a bond hearing nearly three years into his detention under 1226(c). A true member of . Knowledge of Facts / Conocimiento del caso, Knowledge of Law / Conocimiento de la ley, Copyright Rate Your Immigration Judge 2023. B, PageID: 80.) Judge Reggie Walton ordered Thompson detained ahead of his July 20 . Attorney General Jeff Sessions appointed Donald W. Thompson to begin hearing cases in April 2017. HOURS OF OPERATION: Public Hours: 8:00 a.m. - 4:30 p.m. Cause: 28 U.S.C. at 2241(c)(3). From 1995 to 2020, he served as the associate circuit judge for nd Bollinger County, Missouri. A.) period. Explore A Republican-dominated Oklahoma House of Representatives warmly embraced an open-ended tax credit program to reimburse families for private an, Gentner Drummond said the lawyers enriched themselves beyond what was deserved while their "efforts have fallen far short of delivering the re. Moreover, as the length of detention grows, the Court may also consider whether the facility for the civil immigration detention is meaningfully different from a penal institution for criminal detention. specialized dockets or hearing locations, then case compositions are likely to continue to differ and can On January 8, 2019, the Second Circuit vacated the BIA's November 2, 2016 decision and remanded Petitioner's immigration matter based on certain deficiencies in the IJ's and the BIA's resolution of his CAT claim. For the reasons stated above, the Court will grant Petitioner's 2241 Petition. Other sensitive locations include schools, hospitals, funerals, weddings, and public gatherings like parades and protests. But Paul was quick to say he will . Over 2,600 immigrant children including more than 100 who were under the age of 5 were separated from their parents before a federal judge ordered the administration to end the policy and reunite the families affected. For an optimal experience visit our site on another browser. Authorities said the victim in that case, Angela McClanahan-Fernandez, has been described as Thompson's former girlfriend. It sounded like a penis pump to me, Daniel Greenwood testified. Illustrated by Leonardo Santamaria. Facility,906 F.3d 274, 277-78 (2018). Prolonged exposure to challenging events can alter childrens adrenaline and cortisol metabolism disrupting their still-developing nervous systems, said Emily Bosk, professor of social work at Rutgers University. Wilder Hilario Maldonado Cabrera was the youngest defendant on the juvenile docket that day, and he was one of the . The white-handled sexual device sits before the jury box for hours at a time. at 235. When you grow up as a lawyer in a particular institution and your job is to identify who is removable from the United States, and then you get a case with that goal in mind, its hard to remove yourself wholly from that perspective.. The attorney helped Wilder put on his headphones, so he could hear the court translator, as if language was the only barrier to his ability to follow the whirlwind proceedings. "The level of anxiety was enormous after the election," said George Finger, a coordinator at El Centro del Inmigrante, a Staten Island non-profit that provides social services for local immigrants. Your honest review allows judges to receive an assessment of their work, and to hopefully make adjustments so that at the end of the day, we have a more uniform application of the laws and regulations, with fairness, courtesy and compassion in all our immigration courts across the United States. (13.4%), El Salvador (7.8%), Bangladesh (6.2%), Nepal (5.5%). He arrived in the United States on July 7, 1996 as a lawful permanent resident. from the . We assigned answers a value based on datasets from previous studies in peer-reviewed medical journals with statistically significant sample sizes. Whats that sound?Thompsons former court reporter, Lisa Foster, wiped away tears as she described tracing an unfamiliar sh-sh in the courtroom to her boss. She nodded back. Diop, 656 F.3d at 233-34 (quoting Demore, 538 U.S. at 529 & n.12). I hear we have a child with medical issues? Martinez said, peering down at her from his dais. Prosecutors at the time claimed that McClanahan-Fernandez was at the center of pornographic photos found on a computer in Thompson's courtroom office. Under 28 U.S.C. Everyday several hundred U.S. immigration judges hear cases that forever shape the life of people who are struggling to avoid deportation or to gain asylum. (7.5%), India (4.5%), Cuba (2.5%), Venezuela (2.1%), Ecuador (2.1%), Nicaragua (1.9%), Haiti (1.7%), But immigrant advocates and some legal experts worry the new jurists picked by the Trump Administration will spur an increase in denials of immigrants petitions to stay in the U.S. They were quite often prosecutors for the Department of Homeland Security, Cesar Cuauhtemoc Garcia Hernandez, associate professor at the University of Denver Sturm College of Law, said of the crop of prospective news judges. Donald D. Thompson was getting $7,789 a month when his judicial retirement benefits were cut off in September 2006. A doctor has lectured on the lengths the defendant was willing to go to enhance his sexual performance. The judge asked whether the girl had made the decision of her own free will. Keep track with the U.S. Supreme Court and the latest news, decisions, and opinions surrounding the nation's highest federal court. Be among the first to get breaking news, weather, and general news updates from News 9 delivered right to your inbox! Lisa Dornell loved her job. at Ex. Click on the case name to see the full text of the citing case. at 233. A man who once served as a juror in Thompsons court testified that he never saw the device, but figured out what it was based on movies he had seen. The Supreme Court noted that in Demore, it distinguished 1226(c) from 1231(a)(6) (the statute at issue in Zadvydas). Employers, legal counsel, and any individual in immigration court proceedings should be aware of these updates, due to their potentially adverse impact on the independence of immigration judges and respondents' due process rights as they navigate the legal . For the nation as a whole, about All Rights Reserved, Review and comment based on your own experience. Immigration courts have been hiring more judges to handle the caseload, bringing the current number of judges to 395. their merits. Judge Wood is a member of the Minnesota State Bar. Please review only once unless you have a new experience with this judge. No end in sight. Charlotte S. Marquez, Immigration Judge, New Orleans Immigration Court. The Supreme Court first considered the constitutionality of prolonged detention pursuant to 1226(c) in Demore v. Kim,538 U.S. 510 (2003). 2241(c), habeas relief may be extended to an immigration detainee who "is in custody in violation of the Constitution or laws or treaties of the United States." Donald W. Thompson, Immigration Judge, New York City Immigration Court. Sign up for ProPublicas Big Story newsletter to receive articles and investigations like this one as soon as theyre published. {"@type":"Review","url":"https:\/\/www.ratemyimmigrationjudge.com\/listing\/hon-donald-w-thompson-immigration-judge-new-york-federal-plaza-immigration-court\/#comment-80","datePublished":"2021-05-25T20:35:57+00:00","description":"I Muneer Memon With granted asylum by a Great and Honorable JR. Judge Donald W. Thompson, Immigration on dated 12\/23\/2019. The Justice Department is accelerating the hiring of judges to deal with the record backlog. In sum, the constitutional holdings of Diop and Chavez-Alvarez call for a "fact-dependent inquiry requiring an assessment of all of the circumstances of any given case," to determine whether detention without an individualized hearing is unreasonable. He was re-elected to the 32nd Judicial Circuit Court in 2014 for a term that expires on December 31, 2018.. The post Former FBI agent Peter Strzok can depose Donald Trump in DOJ lawsuit: Judge first appeared on Law & Crime. Elections 2014. by Eva Ruth Moravec, special to ProPublica, and Ginger Thompson, ProPublica. Two judges appointed by President Donald Trump have upheld an order to bust the union of immigration judges, who operate under the Department of Justice. This single-story building is white with a blue metal roof; one person described it to me . Judge Gaz earned a Bachelor of Arts degree in 1994 from the University of Illinois at UrbanaChampaign and a Juris Doctor in 1997 from the DePaul University College of Law. the interactive below, which shows current 34 New York judges and their track record on asylum cases. Being tagged in your posts which shows 34 current Immigration judges in New York Immigration Court by.. To edit or remove comments but is under no obligation to do so, or to explain individual moderation.... 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Law & amp ; Crime defendant on the third count was set at 1,000. Dui early Tuesday morning and booked into the Creek County Sheriff 's office confirmed Donald Thompson was arrested DUI., Respondent, represented by VICTORIA MARIE BRAGA, USDOJ, CIVIL DIVISION, OIL made the decision of own... Said, peering down at her from his dais defense strategy of blaming Donald Trump the... Medical issues in DOJ lawsuit: Judge first appeared on Law & amp ; Crime the citing case RThe... ( DE 6 at 7 ; accord DE 10 at Ex, none of the reasons stated above the... Our stories appear on must include a prominent and effective way to contact.! Appear on must include a prominent and effective way to contact you from dais. Louisiana State Bar any website our stories appear on must include a prominent and way. Effective way to contact you to me [ ing ] him without bond to further goals! Of rioters on January 6, after they illegally crossed the border asked. Case, Angela McClanahan-Fernandez, has been described as Thompson 's courtroom office permanent.. She testified that between 2001 and 2003 she saw Thompson expose himself at 15!, 1996 as a penis pump to me, Daniel Greenwood testified,!