The document summarizes a counseling session between Assistant Chief Immigration Judge Gary Smith and Judge Jesus Clemente of the York Immigration Court regarding two issues. Smith discussed comments Judge Clemente made in an oral decision that could be perceived as stereotyping and advised him to choose his words carefully. Smith also advised Judge Clemente to issue oral decisions rather than just minute orders for cases involving aggravated felonies. Judge Clemente agreed to be more cautious with his comments and to start issuing full oral decisions.

1. EOIRFOIAProcessing{EOIR)
From: Smith,Gary(EOIR)
Sent: Wednesday, April 06, 201111:27AM
Keller,MaryBeth(EOIR)To:
Cc: Moutinho, Deborah(EOIR)
Subject: Below
I counseledJudge JesusClemente,York ImmigrationCourt,at 7:30 am,April6, 2011,telephonicallyconcerningtwo
issues:
Thiswas the case wherethe attorneyfor the respondent,
hadrespondedto a queryabouthowJudge Clementewas progressingin termsof conductand
performance.Shesaidthat he hadcommentedon the respondentnotappearingto be a homosexual. I told
JudgeClementethat I had reviewedtheoral decisionand the recordand recitedsomeof the commentsthat t>e
had made inthe oral decision. I told him that he needsto be circumspectaboutremarkshe makesthat could be
perceivedas stereotypingandthat attorneysand respondentsmaytake commentslike thosehe madeout of the
overallcontextof the case. I told him that I had reviewedthe evidencein the caseand the respondenthadearlier
in histestimonystatedthat hetried to concealthat he was a homosexual.JudgeClementesaidthat this came up
late in the case andthat he hadbeensurprisedabout it. I told himto alwayscarefullychoosehiswords.
particularlyin a case of thisnature. Itold himthat IJ Harbeckhaswrittena very goodlaw reviewarticleon LGBTI
issueswith variouscitationsto Boardand circuitdecisionsand he maywant to reachout to herto obtainthat. I
toldhim theCircuitcourts do seizeon commentsof thejudge to find stereotyping. Hesaid he will be more
cautiouson his comments.
(2} On the topic of his issuingminuteordersonly andno oral (orwritten)decisionsin caseswherethe respondent
haswhat hefinds is an aggravatedfelony, Itold him that he needsto quit tryingto abbreviatethe decisionsto that
extent and thathe needsto issuean oral decisionin those. Hesaidthat he thoughtit was okay to do that at the
time basedon someof the caseshe had readbut now understandsthe Boarddoesnot approveof that practice,
and he is nowissuingoral decisi saidthat he thoughtthere wereonlyabo..
cases. (An exampleis Matterof decision {unpublished)bythe Boardon
returne<Ito the IJ for a full decision.
Heseemedto takeboth issuesto heartand I left it at that. Heasked me ifthere is a dateyet for his requestedtransfer
andI told himthere ia notone set yet.
GaryW.Smlltl
ANiat.nt Chief ImmigrationJud~
(703) 306-1247
1

2. ~j
33-34 13810- 383 E-mail 9/16/10 Keller Burr 9
11
35 13818 395 E-mail 10/ 19/10 Smith DHS ACIJ informing DHS Chief
Counsel when two IJs will start
hearings in her jurisdiction
36 13839 417 E-mail 4/6/11 Smith Keller 1, 2, 9
37 13921 471 E-mail 4/29/11 Smith Keller 9
38 14070 537 E-mail 9/28/11 Weil Keller n/a
39 14102 578 E-mail 12/30/1 1 Keller IJ 1, 2
,1 ( ,11 1 ,11 ~( ~("'7 T-+~ 1, - ' T~-;- .. - 1'.T~,.1 1,~-~ (

3. EOIR Index to Randomly Assigned IJCodes for Database Prepared for Liti
complaint complaint complaint
IJ Code Number Open Date Closed Date
PBZ 413 11/18/10 11/22/10
ATQ 414 11/23/10 01/05/11
VIZ 415 11/23/10 12/06/10
GEP 416 11/23/10 03/22/11
QVI ~17 10/01/10 04/06/11
VJL 418 12/01/10 12/08/10
- - - - - - - - - - - - . - . - - - . .

4. e Detail
Complaint Number: 41'7 Immigration Jlldge: (b)(G) Complaint Received Date: 10/01/10
CurrentACJJ
Smith, GaryW.
PastACllS:
A-Numbers(I)
b)(6)
Co111pJaintNature(s)
IIKowt conduct
Status
CLOSED
FinalAction
Oralcounseling
ComplaiDtSource(s)
~- ·-----· -~--·---....
RespondentAny_i1_
(b) (6)
b (6;ComplaintNarrative: In an anonymousallegation, apparentlyfromAttorney DlmJwas thatdie IJ madeinappropriate remarks
duringthe respondent'shearing.
10/05/10
10/ 14/10
11/ 10/10
11/30/10
12/01/10
12/02/10
04/06/11
Sep 11,2013
ACIJ requestIJ responseto the allegation
IJ response rec:dved
Complaintlligtory
EOIR requestedadditionalinformationfromsource
ACUr1..-vicwodthehearing
ACUrequested transcriptof bearingand oral decision
Databaseentrycreated
Oral counseling
1 of 1
FinalAdioo D
04/06/1I