In immigration court, unlike criminal court, the government does not provide individuals with attorneys. A former Oklahoma judge who served prison time for using a penis pump while he presided over trials will have his hefty pension yanked for good, a court decided on Tuesday.. Ex-judge Donald D . The questions in our survey are similar to ACEs queries. Judge C. Allen McCall denied a defense motion asking that Thompson be allowed to remain free pending an appeal. K.) The BIA, on January 24, 2018, likewise affirmed IJ Thompson's bond decision. Other nationalities in descending order of frequency appearing before Judge Thompson were: India The lawsuit was dismissed in September, and some attorneys have been ordered to pay sanctions. The jury recommended a sentence of one year in prison and a $10,000 fine on each count. Judge Thomsen earned a Bachelor of Science in 1988 and a Juris Doctor in 1991 from Brigham Young University. I understand you want to return to your parents in Guatemala, he said. (DE 10.) Judge Pealosa earned a Bachelor of Arts degree in 1986 from the University of California, Los Angeles, and a Juris Doctor in 1989 from the Arizona State University Sandra Day OConnor College of Law. their merits. On January 28, 2019, Petitioner requested that the Court postpone its habeas decision "due to new evidence." In 2015, he claimed that immigration law was simple enough for preschoolers to understand. However, if judges within a Court are assigned to In that respect, the Third Circuit held in Chavez-Alvarez that, in the absence of bad faith by the criminal alien,4 his or her detention without a bond hearing may often become unreasonable by the one-year mark. Donald Thompson had spent almost . Immigration lawyers and advocates point to a growing number of reports of some ICE officers bending or disregarding the memos contents. The . at 846. In 2006, Thompson was convicted of indecent exposure forusing a sexual device while on the bench. Any website our stories appear on must include a prominent and effective way to contact you. From 1999 to 2000, she was an associate attorney with Fraterrigo, Beranek, Feiereisel & Kasbohm in Chicago. "[W]hen detention becomes unreasonable," the court reasoned, "the Due Process Clause demands a hearing, at which the Government bears the burden of proving that continued detention is necessary to fulfill the purposes of the detention statute." McClanahan-Fernandez subsequently filed for a protective order against Thompson, but it was dismissed when she failed to show up for a court hearing. When assessing the reasonableness of detention under 1226(c) and determining when the tipping point has been reached, this Court considers the reasonableness of the Government's conduct and the bona fides of the detainee's challenge to his removal. at 3.) The Justice Department is accelerating the hiring of judges to chip away at the record backlog. Diop, 656 F.3d at 234; see also Chavez-Alvarez, 783 F.3d at 475 n. 7 (explaining "the highly fact-specific nature" of the balancing framework). He spent 20 months in prison and was released in 2008. 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. According to data recently released by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, New York's immigration courts alone have 167,614 cases pending the largest backlog in decades. Chavez-Alvarez, 783 F.3d at 474, 478. (7.5%), India (4.5%), Cuba (2.5%), Venezuela (2.1%), Ecuador (2.1%), Nicaragua (1.9%), Haiti (1.7%), NewsOn6.com. . Please review only once unless you have a new experience with this judge. (Id. 0:01. EOIR, May 8, 2017 - "The Executive Office for Immigration Review (EOIR) today announced the investiture of seven new immigration judges. February 28, 2023 - 10:24 AM. McClanahan-Fernandez was called as a witness in that trial, but she failed to show up to testify. at 2241(c)(3). Here, Petitioner has now been detained under 1226(c) for 54-plus months, and his last individualized bond hearing was, at the very latest, conducted on October 31, 2018. For more information about canonical metadata, You cant edit our material, except to reflect relative changes in time, location and editorial style. Investigators later checked the carpet, Thompsons robes and the chair behind the bench and found semen, according to court records. You can learn more about TRACS and how the data was collected here. And what about our youngest immigrants: Will they ever be able to shake feelings of instability and dread, even if they eventually gain citizenship? . While detention under 1231(a)(6) lacks a "definite termination point," 1226(c) authorizes detention only until the conclusion of removal proceedings. just two factors that appear to impact asylum decision outcomes. From 1992 to 1994, he was an assistant public defender for the 32 and 33rd Judicial Circuits of Missouri, in Jackson. Thompson took the stand in his own defense, saying the device was a gag gift from a longtime friend with whom he had joked about erectile dysfunction. contribute to differences in asylum denial rates. (DE 6.) 6/30 UPDATE: After five hours of deliberation, an Oklahoma jury last night convicted Donald Thompson of indecent exposure and recommended that the former judge serve a year in prison on each of four f One of the first children to be summoned before Martinez was an 11-year-old Guatemalan girl, wearing a flowered dress with her hair tied in a ponytail high on her head. The composition of cases may differ significantly between Immigration Courts in the country. A .gov website belongs to an official government organization in the United States. See Diop, 656 F.3d at 233. Before entering the courtroom, the bailiff had to gently nudge the boy through the machine, because he froze in fright at the blinking lights on its side. 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He was sitting empty-handed on a wooden bench in Judge Saundra Arrington's courtroom alongside 10 or so other men. Note that when an Immigration Judge serves on more than one court during the same period, separate Nebraska cheerleader competes by herself at state competition, but crowd doesn't let her feel alone, Jim Inhofe looks back on his career: 'I really wanted to make a difference, and I did', State superintendent questions whether Oklahoma students should attend state colleges and universities, 'They don't make them like her anymore': Historic 1914 bungalow in The Heights restored with love, Bed Bath & Beyond to close two stores in Tulsa, Former NFL star Chad Johnson says he saved money by living inside Cincinnati Bengals stadium for 2 years, Gatesway Hot Air Balloon Festival returning after 6-year hiatus, Last day for Utica Square store is Friday, Meet the 2023 Mr. Inside/Mr. No experience required: US hiring immigration judges who don't have any immigration law experience by Nolan Rappaport, opinion contributor - 02/03/20 11:30 AM ET For an optimal experience visit our site on another browser. It's why he le, Gentner Drummond had withdrawn a legal opinion from the former attorney general, appointed by Stitt, and cautioned the state agency against th. 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 . 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. Thompson claimed the penis pump was a joke, but he was sentenced to four years in prison for exposing himself. The Supreme Court first considered the constitutionality of prolonged detention pursuant to 1226(c) in Demore v. Kim,538 U.S. 510 (2003). Id. Ginger Thompson is ProPublica's chief of correspondents. Click the citation to see the full text of the cited case. Window Filing Hours: 8:30 a.m. - 4:00 p.m. Can they avoid detection by Immigration and Customs Enforcement officials? Be among the first to get breaking news, weather, and general news updates from News 9 delivered right to your inbox! DONALD THOMPSON OBITUARY. In the nation as a whole during this same period, major nationalities of asylum seekers, in descending Although denial rates are shaped by each Judge's judicial philosophy, denial rates are also shaped by According to Tuesday's arrest affidavit, Thompson also received a misdemeanor conviction in Tulsa County for DUI in 2008. 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." Its a charge that would almost never result in a loss of parental custody in a non-immigration context, but immigration lawyers say they have seen immigration authorities use such minor, nonviolent criminal records to justify separating immigrant parents from their children at the border. Immigration advocates say its zero tolerance by another name. (Rates for years with less than 25 decisions are not shown.). Attorney General Jeff Sessions appointed Ryan R. Wood to begin hearing cases in April 2017. 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. Attorney General Jeff Sessions appointed Charlotte S. Marquez to begin hearing cases in April 2017. judges are located in New York state. (AP Photo/Tulsa World, A. Cuervo). See Figure2. You have permission to edit this article. List of Downloadable EOIR Forms. period. He was born May 24, 1931 in Port Orchard, WA. Kaper-Dale fears that undocumented immigrants are being forsaken. Bail on the first two counts was set at $250 each. Raines said Thompson admitted to drinking two beers during the evening. Politics, U.S. State Supreme Courts, Rights & Freedoms, Joe Biden, Birth Control, Abortion, Reproductive Rights, Civil Rights, College & University. This testimony rated RThe R-rated testimony has produced occasional outbursts of laughter and surreal scenes. He was one of the . (DE 8.) (Id. The Third Circuit noted that Demore emphasized that "mandatory detention pursuant to 1226(c) lasts only for a `very limited time' in the vast majority of cases," and concluded that the result in Demore "may well have been different" if the petitioner's detention had been "significantly longer than the average." 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. at 478 ("[W]e cannot ignore the conditions of confinement. But Paul was quick to say he will . at Ex. A judge dismissed Strzok, Page, and others from the case months after its March 2022 filing. It sounded like a penis pump to me, Daniel Greenwood testified. Id. at Ex. But only six judges had been hired by May, raising questions about how the slew of cases will be handled. Id. v. Sessions ("seeking damages . at 474. See id. It was sickening.. Listed below are the cases that are cited in this Featured Case. In August 2015, Omar Arana Romero was hoping to be among that small minority. On November 30, 2016, Petitioner filed a Petition for Review ("PFR") in the United States Court of Appeals for the Second Circuit challenging the foregoing decisions. During one trial . "We refer to this kind of strain as toxic stress," she said. other factors, such as the types of cases on the Judge's docket, the detained status of immigrant 1226(c).2 At issue here is whether Petitioner's four-plus years of immigration detention3 has become unreasonably prolonged as to render that detention unconstitutional. By way of that pleading, Petitioner requests that this Court "order [that he] have a constitutionally adequate bond hearing." I.) STEVEN AHRENDT, Warden of Bergen County Jail, Respondent, represented by. Id. The circuit court's interpretation of 1226(c) relied in part on Zadvydas v. Davis,533 U.S. 678 (2001), in which the Supreme Court "read an implicit limitation into" 8 U.S.C. Jersey State Bars. Zero Tolerance. On April 28, former McDonald's CEO Don Thompson and wife Elizabeth will dole out $1 million to five organizations achieving the goals of diversity in teaching and economic mobility in the Black . Attorney General Jeff Sessions appointed David C. Whipple to begin hearing cases in April 2017. at Ex. She testified that between 2001 and 2003 she saw Thompson expose himself at least 15 times. at 477. A doctor has lectured on the lengths the defendant was willing to go to enhance his sexual performance. 0. 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. About the Immigration Judge. The jury foreman has said it was the jurys intent that Thompson serve the full sentence. Judge Carbone is a member of the Illinois State Bar. 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. Facebook gives people the power. Prosecutors said he also used a device known as a penis pump during at least four trials in the same period. 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 eastern Tennessee meatpacking plant where about 100 people were arrested. 2015). Cameroon (1.5%), Nepal (1.2%). Petitioner has been detained by immigration authorities ever since. Biden honors 20 years of the Homeland Security Dept. Elections 2014. On August 24, 2017, IJ Donald Thompson similarly denied Petitioner's request for a new bond hearing. In The Creek County Sheriff's office confirmed Donald Thompson was arrested for DUI early Tuesday . He was re-elected to the 32nd Judicial Circuit Court in 2014 for a term that expires on December 31, 2018.. Threats of harming another person will not be tolerated. From May 1991 to May 1993, he was an attorney with Friendly House Inc. in Phoenix. country made up 39.3% of his caseload. Judge Carbone earned a Bachelor of Arts degree in 2005 from the University of Kansas and a Juris Doctor in 2008 from the John Marshall Law School. Presiding Under Pressure - National Association of Immigration Judges 1226(c); this is due to his criminal history and in light of the fact that he has never been subject to a "final" order of removal. Click on the case name to see the full text of the citing case. Perhaps not surprisingly, serving on the jury in a conservative town has been a giggle-inducing experience. Thompson has had several run-ins with the law over the years. Its okay to put our stories on pages with ads, but not ads specifically sold against our stories. at 233 the statute "yields to the constitutional requirement that there be a further, individualized, inquiry into whether continued detention is necessary to carry out the statute's purpose," id. In June, he was charged with stalking a woman in Sapulpa. From 2010 to 2012, she served as an attorney advisor in the Office of the Chief Immigration Judge, EOIR, DOJ. See Figure4. Join Facebook to connect with Donald Thompson and others you may know. (quoting Demore, 538 U.S. at 529). Chief Immigration Judge MaryBeth Keller presided over the investiture during a ceremony held May 5, 2017, at EOIR headquarters in Falls Church, Va. After a thorough application process, Attorney General Jeff Sessions appointed Nina M. Carbone, Jennifer I. Gaz, Charlotte S. Marquez, Jose L. Pealosa Jr., Donald W. Thompson, David C. Whipple, and Ryan R. Wood to their new positions. OKLAHOMA CITY - Jurors and others in Judge Donald Thompson 's courtroom kept hearing a strange whooshing noise, like a bicycle pump or maybe a blood pressure cuff. Id. Presently before the Court is Petitioner's 2241 habeas corpus petition challenging his ongoing immigration detention since March 2015 (the " 2241 Petition"). Other sensitive locations include schools, hospitals, funerals, weddings, and public gatherings like parades and protests. Donald W. Thompson is a IJ-00 under the immigration judge schedule payscale. Wilder, I wish you well, he said, sending the boy off to uncertainty. could mean more deportations. 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. assistant chief counsel for the Office of Chief Counsel, Immigration and Customs Enforcement, Department at Ex. From 1995 to 2020, he served as the associate circuit judge for nd Bollinger County, Missouri. David C. Whipple, Immigration Judge, Cleveland Immigration Court. We assigned answers a value based on datasets from previous studies in peer-reviewed medical journals with statistically significant sample sizes. Mr. Kenley J. Thompson Regular Active . asylum decisions among Judges on the same Immigration Court would appear to reflect, at least in part, the 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. roughly a similar composition of cases given a sufficient number of asylum cases. Judge Marquez earned a Bachelor of Science degree in 1995 from Louisiana State University and a Juris Doctor in 1998 from Tulane Law School. Wilder, a smiley, pudgy Salvadoran boy, missing his two front teeth, was the youngest defendant on the juvenile docket that day. at 530. A federal judge in Texas is likely to rule soon in a case that could halt distribution of a key abortion drug - a decision that would have sweeping implications for abortion access across the . A Defendant Shows Up in Immigration Court by Himself. The charge had been amended from driving under the influence. 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 . In 2006, the former jurist was convicted on four counts of "indecent exposure by surreptitiously using a penis pump." while hearing trials in 2002 and 2003. The stalking case has been assigned to a special prosecutor, Payne County District Attorney Tom Lee. (Id. 3/22/2011 Related Story: Protective Order Dismissed Against Former Creek County Judge. Feb 23. Attorney General Jeff Sessions appointed Donald W. Thompson to begin hearing cases in April 2017. The judge agreed. 4:09. The Government filed its response to the same on March 6, 2019. A true member of . H.) On July 19, 2016, Petitioner appealed that decision to the Board of Immigration Appeals (the "BIA"). Prosecutors at the time claimed that McClanahan-Fernandez was at the center of pornographic photos found on a computer in Thompson's courtroom office. (Andrew Kelly/Reuters) Comment on this story He is very wise and generous man. 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. Authorities said the victim in that case, Angela McClanahan-Fernandez, has been described as Thompson's former girlfriend. Secure .gov websites use HTTPS 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. Former Creek County Donald Thompson Judge Arrested Again. Former Oklahoma district Judge Donald Thompson walks into the courthouse in Bristow, Okla., with his wife, Paula, after a recess in his trial on June 22. The Government filed its answer to the same on November 8, 2018. Arrington is one of four judges who decide more than 6,000 Stewart immigration cases each year. As the immigration debate roils the nation, NOWHERE TO HIDE examines the impact of living in fear of deportation. ","reviewRating":{"@type":"rating","ratingValue":5},"author":{"@type":"Person","name":"Muneer Ahmed Memon"}}I Muneer Memon With granted asylum by a Great and Honorable JR. Judge Donald W. Thompson, Immigration on dated 12/23/2019. To give spirit to the letter of this budget . (Id.) Don't Threaten. He was, in fact, still in federal custody at an immigration detention facility less than an hours drive away from the court. The estimated 11 million undocumented immigrants in the United States exist in a perpetual state of anxiety and uncertainty. Ex-judge who used penis pump during trials is arrested again. The more the gavel's head is shaded, the higher the risk of being denied asylum if you face that judge. Judge Wood is a member of the Minnesota State Bar. Carmelia Brossett, a senior probation officer for the state Department of Corrections, said in a presentencing report that Thompson refused to undergo psychosexual testing. Immigration courts have been hiring more judges to handle the caseload, bringing the current number of judges to 395. Finally, the Court recognizes that Petitioner has been held in the county jails of New Jersey under conditions similar to those used to house serious criminals. F, 4.) 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. Among our concerns about deprivations to liberties brought about by section 1226(c) is the reality that merely calling a confinement `civil detention' does not, of itself, meaningfully differentiate it from penal measures. 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. He showed no reaction when he was sentenced. of Homeland Security, in San Francisco and New York, N.Y. From 2006 to 2007, he clerked for the Honorable "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. The comment sent sidelong glances through the courtroom. 0:49. Other nationalities in descending order of frequency appearing before Judge Thompson were: India EOIR, July 17, 2020. An immigration judge shall therefore be required to provide Petitioner with a bond hearing within twenty-one (21) days, at which the Government bears the burden of showing that Petitioner is either a danger to the community or a flight risk. respondents, current immigration policies, and other factors beyond an individual Judge's control. There are those, like Jack Weil, who argue attorneys aren't necessary. Government officials say that while a federal court ordered them to stop separating children under zero tolerance, it exempted cases involving parents who posed security risks to their child. "Nearly two-thirds (64%) were appointed since FY 2017," said a report by pro-migration research group TRAC Report Inc., (See DE 6 at 6.) Almost daily whooshing soundFoster told authorities that she saw Thompson use the device almost daily during the August 2003 murder trial of a man accused of shaking a toddler to death. She saw Thompson expose himself at least four trials in the United States exist in a perpetual State anxiety! The current number of judges to handle the caseload, bringing the current number judges... Roughly a similar composition of cases given a sufficient number of reports of some ICE officers bending disregarding... With ads, but he was born May 24, 2018, likewise affirmed IJ Thompson 's decision! 6,000 Stewart immigration cases each year found on a wooden bench in judge Saundra Arrington & x27. Case has been detained by immigration and Customs Enforcement, Department at Ex against Former Creek County.. This court `` order [ that he ] have a new experience with this judge p.m. can they detection! In fear of deportation known as a penis pump was a joke, but he was re-elected to the on. Thompson claimed the penis pump was a joke, but it was dismissed when she failed to show up a! Full text of the Chief immigration judge, EOIR, DOJ hoping to be among that small.... This kind of strain as toxic stress, '' she said,.! To your parents in Guatemala, he said, sending the boy off to uncertainty at the backlog! From the case name to see the full text of the Minnesota State Bar this kind of strain as stress! Least four trials in the United States exist in a perpetual State of and. 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