2019 INVESTIGATIVE SUMMARY 17

INVESTIGATION OF IMMIGRATION JUDGE FOR MAKING ALLEGED FALSE STATEMENTS IN ORDER; MAKING FALSE STATEMENTS TO OPR; AND ENGAGING IN HOSTILE CONDUCT TOWARD AN ATTORNEY

The Executive Office for Immigration Review (EIOR) notified OPR about a letter of complaint submitted on behalf of multiple immigration court practitioners, alleging that an Immigration Judge (IJ) had engaged in professional misconduct by disparaging them in cases in which they had appeared before her.  OPR was also advised of a second letter regarding the IJ, which alleged that she had confronted one of the complaining attorneys about the initial complaint, summoned a court employee to the courtroom to testify under oath about her knowledge of the complaint, and confronted and intimidated a court security officer in an effort to obtain an affidavit from the officer disputing the allegations made in the complaint.  Finally, EOIR informed OPR that the IJ had issued an order that contained derogatory and irrelevant personal commentary and false statements directed at the complainants and at the attorney representing  them.

Based on its investigation, OPR concluded that the IJ engaged in intentional misconduct by making false statements to OPR in her written response and during her OPR interview.  OPR also concluded that the IJ engaged in reckless misconduct by making false and derogatory statements, in reckless disregard of the truth, about the complainant attorneys in a written order, and by engaging in hostile conduct toward one of the attorneys during a hearing in a way that raised an appearance of bias.  OPR also concluded that the IJ exercised poor judgment in her treatment of the immigration court employee.  OPR provided its report of investigation to the Office of the Deputy Attorney General.