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In Cleveland, there have been seven complaints filed against the judges in the past five years, according to records obtained from the Department of Justice through a public records request.
Their nature ranged from alleged due process violations to concerns over in-court conducts, records show. Two of them were dismissed. One was closed because the judge in question had since retired. Three led to oral counseling.
With the seventh and latest complaint — the one led by AILA-Ohio against Riley — information regarding the investigation outcome was redacted by the Department of Justice. Montenegro declined to provide additional details about the case.
Because these complaints rarely generate substantial disciplinary actions and there is a fear of retaliation from the judges, immigration attorneys and their clients often hesitate to report misconducts, said Austin Kocher, a research associate professor at the Transactional Records Access Clearinghouse (TRAC), a research institute at Syracuse University.
“Immigration attorneys don’t file these complaints often enough because they still have to practice in front of these judges,” said Kocher, whose research focuses on immigration policies. “You can't file a complaint one day against a judge and the next day come in with your client and expect the judge to treat them well. There’s just a real lack of systematic accountability.”
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