Significant Absenteeism at San Francisco Immigration Court
This week, over 500 individuals who failed to attend their hearings at the San Francisco Immigration Court were ordered to “leave in absentia,” as reported by Miri Atkinson, director of the San Francisco Bar Association’s immigration defense program. This ruling means they are now barred from seeking legal status or protection in the United States, leaving them vulnerable to arrest and deportation without the opportunity for a future hearing. Atkinson noted that the precise count of those ordered to leave is still being finalized and may increase.
Unusual Volume of Scheduled Hearings
According to Atkinson, the number of individuals scheduled for hearings at the 100 Montgomery Street immigration courthouse from Monday to Wednesday was unusually high. Dana Lee Marks, a former immigration judge with 35 years of service in San Francisco before her retirement in 2021, indicated that the federal government would likely respond with extensive hearings intended to bolster the case for deportation.
Concerns About Fairness and Due Process
Marks expressed concern that officials are deliberately creating conditions that lead to numerous absentees. “They’re counting on these people not coming, because otherwise we wouldn’t have so many cases that day,” she explained. She emphasized that if all scheduled attendees appeared, it would overwhelm the judges and hinder their ability to hear all cases fairly. “They are violating fairness and due process in order to deport in dramatic numbers,” she added.
Judicial Resources Strained
This week’s hearings featured judges Julie Nelson, Marlem Nava, and Jacob J. Stender, who presided from Concord. The San Francisco courthouse has faced significant challenges over the past year, losing nearly all of its judges, and now only two of the original 21 judges remain since President Donald Trump’s term began.
New Developments in Court Operations
The judges from Concord worked alongside local judges Frank A. Seminerio and Stephen M. Kirchner, as well as San Diego Judge Samantha Begovic, who frequently conducts remote hearings in San Francisco Immigration Court. Atkinson remarked that it was unprecedented to see a Concord judge assigned to a San Francisco courtroom.
Worrying Trends in Absenteeism
Sheila M. Levin, a former immigration judge dismissed by the Trump administration last September, noted that during her tenure, she averaged around 30 individuals per day in similar hearings, with only 2 to 4 no-shows. However, this week, reports indicated that a significant number of scheduled attendees failed to appear. Levin pointed to a troubling trend emerging since Immigration and Customs Enforcement (ICE) began making arrests at the courthouse last year, warning that this week’s unprecedented absentee rate raises concerns of a systemic issue leading to these in absentia eviction orders.
Issues with Court Notification Procedures
Levin further reported that some asylum seekers received notices to appear for court even though their actual hearings were set years in the future. This practice could inadvertently cause an uptick in absenteeism, as individuals may not receive timely notifications. She highlighted Chronic issues surrounding “notices to appear” sent to non-citizens, citing that misspelled or incorrect addresses can lead to non-delivery, increasing the risk of deportation.
Consequences of In Absentia Orders
The issuance of removal orders can have long-term ramifications, as affected individuals may be barred from applying for specific types of immigration relief for up to 10 years. While immigrants facing an in absentia order can seek to reopen their cases based on exceptional circumstances — such as serious illness or failure to receive a hearing notice — Atkinson emphasized that these circumstances make navigating their immigration status significantly more challenging.
The Office of Immigration Review declined to comment on this week’s hearings, with spokesperson Kathryn Mattingly stating that the agency does not discuss ongoing litigation. As of Friday, Atkinson observed no Concord judge was scheduled to preside over cases in San Francisco in the following week.
