The Third Circuit Court of Appeals has repeatedly called out Donald Vincent Ferlise, an immigration judge, most recently here, for bullying, extreme insensitivity, and a tone that was hostile and at times became extraordinarily abusive, as well as intemperate and bias laden remarks.
Judges have job protection, but it is not absolute. They are subject to ethical standards and they hold their posts for periods of "good behavior". In the case of an Article II immigration judge, the constitutional deferrence afforded to judicial tenure is absent. Donald Ferlise is an immigration judge who is a disgrace to the Department of Homeland Security, who should resign, and in the absence of a resignation, should be removed from office. Justice is blind and the kind of anti-immigrant bias which Judge Ferlise has displayed has no place in the American system of justice.
No Offense but the person you wrote about qualifies for a promotion.
The Executive Office for Immigration Review (Director Kevin Rooney, Chief Immigration Judge Michael Creppy, etc.) will not even discipline Immigration Judges employed at the Eloy, Arizona Immigration Court for comitting felonies under federal law.
Please read on. However before you do it is worth noting that during my tenure with the Dept. I received cash awards, quality step increases, awards for outstanding performance and special achievement. I was not a slacker.
Immigration Judges violate federal law and the Chief Immigration Judge cites non-existent prior misconduct to justify removal of whistleblower.
Chief Immigration Judge Creppy, to justify his decision to remove me from federal service for disclosing immigration judges violating federal law by bringing booze into a federal prison lied by stating that I had previously been found guilty of misconduct involving alcohol.
Based on Judge Creppy's own words in his March 16, 1998 letter, there was never a charge of misconduct involving alcohol or a decision reached finding me guilty of that offense which was never charged.
Proof that misconduct involving alcohol was never charged can be found in the brief prepared by Immigration Judge Staton's brief (Exhibits A1-A133 in my statement of facts and issues submitted to the MSPB).
That incident involved Judge Owens terming my off-duty contacting of medical personnel as disruptive to the workplace in order to force my dismissal of legal claims against himself and Judge Creppy.
Judge Creppy's own words in dismissing that matter were, "...the matter of your removal as proposed by Judge Owens has been closed without action...."
Fast forward to the present when Immigration Judges violate federal law by bringing booze into a federal prison in violation of federal laws.
Now, Judge Creppy states that I was found guilty of prior misconduct involving alcohol. Per his own words in 1998 the matter was closed without action. Judge Staton's brief shows that misconduct involving alcohol was not even charged.
It is obvious that Judge Creppy knowingly lied in this matter to protect Immigration Judges and other management personnel from federal prosecution and to unjustly fire the whistleblower.
Incidentally when I worked for the Executive Office for Immigration Review, Immigration Judges were employees of the Dept. of Justice not article 2 judges.
Hell, they bring booze into prisons, they don't have the integrity to be article 2 judges.
Ferlise denied Fauziya Kassindja asylum in her hearing in 1995. She had fled Togo to escape female genital mutilation and a forced marriage. The appeal of her case, in which Ferlise's ruling was overturned, brought the U.S. more into line with the rest of the world on this issue. Kassindja writes about her ordeal in "Do they Hear You When You Cry," her memoir.
More here at the Harvard Law Review.
I worked with Judge Ferlise for 8 years at EOIR. I found him to be fair and balanced, unless a respondent lied or presented forged documents or news articles.
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