I spent the better part of Monday morning in the Immigration Court in Newark, New Jersey. As a former U.S. Immigration and Customs Enforcement Trial Attorney, and a member of the private immigration bar for the last 11 years, I’ve not seen until now, a more despicable brand of vindictive justice meted out by an obviously cynical, sadistic, immigration judge who is assigned to preside over immigration detainees.
These detainees are incarcerated solely due to their immigration status and not for any crimes previously committed as they have already paid the price for the mistakes they may have made in the past. Some are detained for convictions committed over ten years ago and remain in immigration custody for far longer than any sentence they received. The hearings are conducted in the Newark federal building with the detainees appearing by television from their respective jails or prisons. Again, they are in custody solely for immigration reasons.
I witnessed an older Italian gentleman who could not speak English. The Judge seemed particularly frustrated by this and angrily called the on-call interpreter. The Judge seemed particularly angry and, if I had not been before this Judge before, I would have thought that something was wrong. But an angry disposition is the norm for this immigration judge.
The judge informed the man that he was facing deportation and that he had certain rights, like the right to have an attorney at his own expense. The man replied that he just wanted to be deported and go to Italy. The judge again reminded the man that this was not a vacation he was considering taking and that going to Italy meant deportation and never coming back. The man said that he understood and that he wanted to be deported. The judge, again, reminded the man that he could ask for an attorney, to which he replied that he understood, did not want an attorney, and wanted to be deported.
Incredibly, the judge decided that the man needed another week to decide whether he really wanted to be deported and then instructed the man to attend a class in the jail he was being detained in which would explain to him what deportation proceedings were all about. This class is presumably in English or Spanish, not Italian.
When a person has his or her liberty taken, every week-day-hour-minute and second is torturous. Here, this older man just wanted to go home to his country instead of languish in immigration custody and the judge would not allow it.
Then came my client’s case. An army veteran with a two year old daughter who made the mistake of possessing marijuana over three years ago for which he received only probation. He has been sitting in Essex county jail for the last 9 months in immigration custody while his removal hearing plays out. The immigration judge had found that his conviction qualified as an immigration aggravated felony and ordered that he be deported. While his appeal was pending, his conviction was thrown out and he was awarded a new trial for constitutional violations. With the conviction vacated, the case was sent back to this immigration judge to rule whether the case should be terminated and my client released.
The first time we appeared after the case was sent back to the immigration judge, she continued the case to allow the government to decide what their position was. Another week in custody for my client who missed his daughter’s first steps while incarcerated by the immigration authorities. This day, on the second hearing since the appellate court instructed the judge to make a decision on our motion to terminate, the government attempted to offer new evidence after conceding that my client was no longer convicted of an aggravated felony. The new evidence was to attempt to prove a drug paraphernalia charge that the judge had already dismissed.
Yet, unbelievably, the judge continued the case for another week asking both parties to brief whether my client was still deportable. This even though the aggravated felony charge had been withdrawn and the drug paraphernalia charge had been dismissed by this very same judge. In other words, there was nothing to do other than terminate the case and release my client.
There clearly is no judicial oversight at the Newark Immigration Court. The Immigration Court system is a civil court, not criminal court and ill-tempered judges lacking any compassion on the bench do not belong deciding the fate of individuals who have their liberty taken from them and are in immigration custody relying on these judges to decide their fate.
I will not publish the name of this immigration judge for privacy reasons. I will, however, offer unsolicited advice. If the immigration judge is frustrated to the extent that it affects and clouds her judgment, it is time to leave the bench. If the judge is not frustrated and simply believes that she is being fair and unbiased, it is time to leave the bench.
