New IJs in Memphis
Even
though the non-detained immigration courts remain closed to hearings and other
in-person services at this time, that does not mean the immigration courts are
not making moves. For those following the Memphis Immigration Court in
particular, it is common knowledge that a pair of retirements last year had been
causing a considerable amount of confusion and delay well before COVID-19.
The
retirements were not totally unexpected as the immigration courts in general
have struggled to retain judges under this administration. Regardless,
chaos and confusion are the natural consequences when a court that has been
operating for several years with 4 immigration judges is suddenly reduced down
to two.
Recently,
the Department of Justice has moved to re-staff and re-structure the Memphis
court. The first change came shortly into the pandemic when Immigration Judge
Renae M. Hansell was promoted to the position of Assistant Chief
Immigration Judge (“ACIJ”) for the Memphis court. It remains unclear at this point
whether Judge Hansell will continue to oversee hearings. In several immigration
courts, ACIJs do not traditionally adjudicate cases. Personally, I have seen
her removed from some of my cases recently, but until the court reopens or
there is an announcement, we will not know for sure.
Her
promotion created a problem as well. With two immigration judges retired and a
third promoted to a position that would take time away from adjudicating cases,
the court was effectively left with one full-time judge – Immigration Judge
Rebecca L. Holt.
This
confusion was mostly clarified on July 17, 2020 when the DOJ announced the
swearing in of 46 new immigration judges, including two more judges for the
Memphis court: Luis A. Maldonado and David A. Russo. We will not meet these
judges until after the pandemic, but here’s what we know from the DOJannouncement:
Luis
A. Maldonado: Judge
Maldonado graduated with his law degree from the University of Florida School
of Law in 2004. He was previously an attorney for the U.S. Citizenship &
Immigration Services in Atlanta and a deputy chief counsel for Immigration and
Customs Enforcement (“ICE”) in Orlando. He also has experience representing
immigrants as an immigration staff attorney for the Legal Aid Society of the
Orange County Bar Association in Orlando. Judge Maldonado is licensed in
Florida.
David
A. Russo: Judge
Russo is no stranger to the South, having graduated from Tulane University and
Louisiana State University School of Law. He is a veteran of the U.S.
Department of Homeland Security working as a deployable agent for FEMA throughout
the United States from 2017 to 2020. A veteran, Judge Russo worked as a deputy
state judge advocate for the Georgia National Guard in Atlanta and from 2000 to
2008 as a judge advocate for the U.S. Army in Georgia, Iraq, Germany, and
Kuwait. He has private experience as well, serving as a partner with Herman
& Russo P.C. in Woodstock, GA from 2008 to 2011. Judge Russo is licensed in
Georgia.
William Barr announced 46 new immigration judges this month.
This
new class of 46 immigration judges was heavily criticized by advocacy groups
when it was released. The vast majority of new immigration attorneys come from
ICE or the judge advocate corps. One was the research director
for the Federation for American Immigration Reform (“FAIR”), an organization designated
as a hate group with white supremacist roots by the Southern Poverty Law Center
(“SPLC”). Regardless of whether the SPLC is correct in their assessment (they
are), FAIR is certainly anti-immigrant.
As
for the new Memphis judges, time will tell how they fit the bench. Adding judges
should help with the court’s backlog, but we will not get an idea for their
style and quirks until the Memphis court reopens. As of today, that will not be
until at least August 17th, but with the pandemic raging throughout
the mid-South, that date is likely to be pushed back.
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