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Posts from the ‘The Vault: FOIA & More’ Category

Immigration Judge Charles Conroy made two false allegations of fact in baseless complaint made against associate attorney

After a careful, detailed review of all the evidence available to me, I have determined it is necessary to inform the general public, particularly immigration attorneys and immigration judges, of the following complaint I lodged with EOIR against Immigration Judge Charles Conroy.

Judge Conroy should and must be prevented making false allegations of fact against attorneys who appear before him.

Note:

In re-reading Judge Conroy’s original complaint, I realized he made 2 false allegations of fact instead of just one.

The second one: “she also claimed that her notice of hearing had a date for March of 2019…”

Again, Judge Conroy’s allegation is false on its face: our associate’s actual claim was that her hearing notes reflected a date for a March 2019 master calendar hearing date.

Directly transcribed from the audio of the hearing:

Over two minutes after Judge Conroy  ordered respondents removed in absentia and stated “I am going to make a referral to the EOIR ethics office for your failure to appear today, our associate said: “I have my hearing notes here, your honor…it says here… it says the next master from my hearing notes is March…2019. I think I have the notice of hearing for that particular case, I am not sure, I will have to look in the file…” (Judge Conroy never gave our associate an opportunity to look in the file for the actual physical hearing notice. The failure to appear was solely due to a simple mistake made in the hearing notes, which occurred only one time over the course of almost 2 years with our firm. Also, another Immigration Judge granted our motion to reopen shortly after the February hearing before IJ Conroy.)

Again, like the first false allegation, Judge Conroy evidently did not carefully review the audio record of proceeding because he falsely alleged that our associate “…claimed that her notice of hearing had a date for March of 2019.”

End note.

Here is my complaint, followed by Judge Conroy’s original complaint to EOIR Disciplinary counsel:

FOIA reveals insight into architects of Trump’s anti-asylum agenda

The FOIA results are below.

At the dawn of Trump’s presidency, Gene Hamilton and Dimple Shah appear to have had outsized influence in the shaping the President’s aggressive push to end asylum for Central Americans.

DHS Inspector General failed to investigate complaints of abuse and neglect of children in family detention, FOIA results show.

See results below. Click the link to download pdf format. Below is final report. I have also included the original FOIA request and previous correspondence.

Interim response:

Dear Mr. Johnson

Thank you for your interest in the Department of Homeland Security (DHS) Office of Inspector General (OIG). the Freedom of Information Act (FOIA) request you submitted to DHS OIG dated May 27, 2016 seeking  all documents related to family detention complaint investigations that the IG initiated, as well as all documents related to family detention complaints that the IG declined to investigate from June 1, 2014 to May 27, 2016 . Our search identified approximately 160 responsive complaints and  investigations to your request. Given the volume of records located it could take us years to process your request. Would you like a spreadsheet that provides a listing of all the records located during our search to assist you narrow your request? Or would you be willing to narrow your request using additional parameters?

Dear Sir/Madam: 
I request the following documents and/or information under the Freedom of Information Act: 


1. The total number of complaints (hereafter “Family Detention Complaints” ) lodged by individuals detained at the Artesia Family Residential Center, the Karnes County Residential Center, the South Texas Family Residential Center, and the Berks County Residential center, their advocates, or any other individual, from June 1, 2014 to the date of this request, May 27, 2016. 
Additionally, I request the dates of each family detention complaint made. 
As the IG is aware of, all complaints against ICE, DHS, CCA, GEO, or Berks County Employees must first be presented to the DHS Inspector General for investigation. If the DHS IG declines to investigate the matter, the ICE Office of Professional Responsibility or the DHS’ Office for Civil Rights and Civil Liberties may investigate the complaint. 


As such, 2. out of the total number of complaints lodged, I request the a. total number of family detention complaints that the DHS IG investigated and b. total the number of family detention complaints that the DHS IG declined to investigate. 


3. I request all correspondence and/or communication, including e-mails and written correspondence, between the DHS IG and any other government entity or entity contracted by the government, including but not limited to the Department of Homeland Security, Immigration and Customs Enforcement (“ICE”); Department of Justice; the Executive Office of the President, the Government Accountability Office, the GEO Group, inc; Corrections Corporation of America, Inc; County of Berks in Pennsylvania or any other entity or individual of the State government of Pennsylvania; and any other individual or entity of the State government of Texas.


4. I request the disposition of all family detention complaints that the DHS IG investigated, including if the investigation is still pending. 


5. I request all documents related to family detention complaint investigations that the IG initiated, as well as all documents related to family detention complaints that the IG declined to investigate* Identities of the complainants should be redacted if necessary. 
*If the latter or any other part of this request would require additional processing time, I request that other parts of this request be provided as soon as available. 


6. I request the total number of DHS and/or contracted employees who were sanctioned as a result of family detention complaints. If 0 individuals were sanctioned, write 0 individuals were sanctioned.