Thread: TX: Suit shines spotlight on immigration judgeships

Suit shines spotlight on immigration judgeships
By Louie Gilot / El Paso Times
El Paso Times
Article Launched:06/24/2007 12:00:00 AM MDT

Guadalupe Gonzalez is the chief counsel for Immigration and Customs Enforcement in El Paso, a lawyer with more than 20 years of experience in immigration law and a stellar record. In 2002, she made the next logical career move, applying to become an immigration judge.
"I love El Paso. It is my home. I was born and raised here, and it's important for me personally to contribute in a role that is both vitally important to our country and of particular importance to the El Paso community," she said.

But the job went to a Anglo male candidate with no reported immigration experience. In 2004, when two other judgeships opened, they went to two other Anglo males, both of them Gonzalez's subordinates with markedly less expertise in immigration law than Gonzalez.Ê

Gonzalez, 56, sued the U.S. attorney general for discrimination on the basis of gender and national origin, and the suit is pending in a court in Washington, D.C.

In her filings, Gonzalez claimed that since 2001, only two Hispanics were appointed nationwide for 40 immigration judgeships. The four immigration judges in El Paso are all Anglo men.

The case has attracted national attention amid a scandal over the apparent politicization of attorney general positions and judgeships.

Last year, the Department of Justice fired eight U.S. attorneys, prompting congressional hearings. This month, an analysis by the Washington Post found that "at least one-third of the immigration judges appointed since 2004 have had Republican connections or have been administration insiders, and half lacked experience in immigration law."

Bill Day, Gonzalez's lawyer in Washington, said that while his client does not allege that the department's selection of judges in her case was politically motivated, there is a common thread between the cases.

"The attitude of the (Department of Justice) was that the rules did not apply to them," Day said.

Department of Justice officials said they could not comment on the pending Gonzalez lawsuit, but they defended their hiring practices.

"Immigration judges appointed during this administration were well qualified for their current positions," said department spokesman Dean Boyd in Washington. "The department does not exclude from consideration those without immigration experience, but does consider immigration law experience as a factor in hiring immigration judges."

The Department of Justice changed its hiring process for immigration judges in April. Vacancy announcements are now posted online and applications are reviewed by a panel. It also now requires that newly appointed immigration judges pass an exam on immigration law.

Department officials said the changes were motivated by "reports of (immigration) judges failing to display temperament and produce work that meets the Department's standards," an official statement read.

The more than 200 immigration judges in the United States decide the fate of more than 300,000 immigrants each year, including whom to deport and whom to grant asylum to. The judges rule alone, and appeal rights are limited.

Immigration experts said that immigration law is complicated, having the intricacy level of tax law.

The "political leanings of an applicant for an immigration judge position really should be irrelevant," said Kathleen Walker of El Paso, president-elect of the American Immigration Lawyers Association. "There should be a focus on hiring those with immigration law expertise for these positions, whether from government service or from the private sector."

In Gonzalez's case, the department bypassed the competitive hiring process by using the attorney general's direct appointment authority.

In 2002, Gonzalez did apply for a posted immigration judge position, which went to Richard Ozmun, a retired U.S. Navy lawyer.

But in 2004, two other vacancies were never posted and Gonzalez was not contacted for an interview, even though she had previously expressed interest in becoming an immigration judge. These positions went to Robert Hough, assistant chief counsel at ICE, under the direct supervision of Gonzalez, and Thomas Roepke, a special assistant U.S. attorney for ICE.

The government tried to have Gonzalez's case dismissed on the grounds that since Gonzalez did not actually apply for the positions she did not know were open, it was not possible for her to have been discriminated against in the selection process.

But a Washington, D.C., judge denied that motion last year, saying that the agency could no more discriminate in its direct appointments than in more competitive settings. Gonzalez, Judge Emmet G. Sullivan wrote, "had identified a particular policy that has a discriminatory effect on a particular group -- (the attorney general's) direct appointment authority."

The suit asks for Gonzalez to get an immigration judge position, back pay and compensatory damages. An immigration judge in El Paso makes between $112,633 and $148,031 a year, Gonzalez's lawyer said.

"In light of all the wrongdoing this case has uncovered, the Department of Justice should have settled this case a long time ago. Now it looks as though they'll have toÊpay the price at trial," Day said. "Being Mexican-American should not disqualify a talented and experienced lawyer from being an immigration judge."

ÊLouie Gilot may be reached at lgilot@elpasotimes.com, 546-6131.

http://www.elpasotimes.com/news/ci_6215604

Immigration experts said that immigration law is complicated, having the intricacy level of tax law.

It's very complicated to do it LEGALLY but it is simple when it's done ILLEGALLY. You either have papers or you don't!

I hate to say this, but if the Hispanic members of the U.S. Congress are an example of what we can expect of Hispanic immigration judges, I'm worried.

Fact, each and every Hispanic member of Congress supports amnesty for illegal immigrants.

Originally Posted by MW

I hate to say this, but if the Hispanic members of the U.S. Congress are an example of what we can expect of Hispanic immigration judges, I'm worried.

Fact, each and every Hispanic member of Congress supports amnesty for illegal immigrants.

Notice how they keep saying "America is aging?" You would have to be blind, crippled and crazed to not realize what this is translates into. They were allowed to sneak in quietly. The marches were deliberate and timed to intimidate us by the sheer numbers. The explosion of illegal aliens and anchor babies has been timed to coincide with the number of hispanic political voices/power and tax payer subsidized racist groups. These people are not here just for the freebies (although that has been part of the promise) they are here to take over and if they can just get this amnesty passed then WE WILL BECOME THE MINORITY VOICE with ZERO SAY and the US will finally be theirs. Too bad their timing was off.