Thread: El Pasoan’s lawsuit altered how immigration judges chosen

El Pasoan’s lawsuit altered how immigration judges chosen

A national report that points to illegal appointments by the U.S. attorney general's office was influenced significantly by a lawsuit filed in 2005 by an El Paso woman who claims she was passed over because she was not politically connected.

Guadalupe Gonzalez, an El Paso lawyer and the chief counsel for the U.S. Immigration and Customs Enforcement office in El Paso, filed a discrimination lawsuit against the federal government three years ago alleging that immigration judges were being appointed based on their political ties and not on merit.

As a result of her lawsuit, in 2007 the federal government changed the way it filled immigration judge positions. And on Monday, the U.S. Department of Justice Office of the Inspector General issued a report reaffirming that the way judges had been seated was illegal.

"I am glad that the public record is now clear that it was my lawsuit that forced the changes in the hiring practices," Gonzalez said Tuesday. "While I am glad that my lawsuit settled nicely, I wanted to make sure that we had done something to change the system. In some ways, it was an act of patriotism and I'm pleased that other lawyers can now apply and compete for the jobs."

According to the U.S. Department of Justice report, the system of hiring immigration judges was frozen after the lawsuit was filed. The freeze was lifted after Gonzalez's lawsuit was settled.

The Department of Justice report states, "With regard to immigration judges, as a result of the civil litigation over the unsuccessful candidacy of an immigration judge applicant, in April 2007, former Attorney General (Alberto) Gonzales approved a new process to fill immigration judge positions.

"The new process returned the responsibility for evaluating and selecting immigration judges to EOIR (Executive Office for Immigration Review). According to EOIR officials, the pro cess is working more effectively now and political considerations are not being used in the selection of candidates."

The report found that prior to the complaint by Guadalupe Gonzalez, the majority of immigration judges being selected were chosen as if the judgeships were political positions instead of career jobs. Political appointments are not subject to civil service laws and open applications. Career jobs with the federal government must be open, transparent and posted.

Immigration-judge positions are considered career jobs, not political jobs.

"For example, in September 2004, the Office of Political Affairs provided ... the resume of a candidate for an IJ (immigration judge) position in El Paso, Texas. ... The candidate was eventually appointed as an (immigration judge)," the report states.

In the example cited, the person selected for the judge's position was a subordinate of Gonzalez, who did not apply for the position because it was never publicly posted.

Washington, D.C., lawyer Joseph Gebhardt, who represented Gonzalez, said she deserved credit for changing a flawed system.

"Guadalupe Gonzalez is a top government immigration lawyer, and by bringing the discrimination suit, she took a big risk and stuck her neck out for justice," Gebhardt said. "She is one the best public servants, and she deserves a lot of credit."

Justice Department officials did not want to comment, referring all questions to the report.

The report said that while the hiring system was flawed, those immigration judges who were appointed under the old system do not have to give up their jobs.
http://www.elpasotimes.com/news/ci_10037168

WHAT IS HER RECORD ON DEPORTING?

"Guadalupe Gonzalez is a top government immigration lawyer, and by bringing the discrimination suit, she took a big risk and stuck her neck out for justice," Gebhardt said. "She is one the best public servants, and she deserves a lot of credit."

Justice Department officials did not want to comment, referring all questions to the report.

The report said that while the hiring system was flawed, those immigration judges who were appointed under the old system do not have to give up their jobs.