Jack Weil proposes handling a complaint against Immigration Judge DeVitto by issuing a letter finding that the original dismissal of the complaint was proper, despite intervening events in the related case. Michael McGoings has the complaint file and is ready to proceed but requested time to review the matter. Weil asks Mary Beth Keller to call if she wishes to discuss or has any questions.

1. EOIRFOIA Processing(EOIR)
From:
Sent:
To:
Cc:
Subject:
FollowUp Flag:
FlagStatus:
MaryBeth.
Weil, Jatk (EOIR)
Wednesday, September 28, 20111:08 PM
Keller, Mary Beth (EOIR)
McGoings, Michael (EOIR)
Letter re: Complaint Against Judge DeVitto
Follow up
Completed
DCIJ McGoings approached me this morning regarding our proposed handling of the letter received from the individual
who was not satisfied with the handling of his complaint against IJ James DeVitto. I had dismissed the complaint as
frivolous and merits based. I maintain that we follow your original proposal that you issue a letter indicating that you, as
ACIJ for conduct and professionalism, have reviewed the handling of the complaint and find that the complaint was
property handled and denied as merits based. Although I continue to agree with the frivolous finding, due to intervening
events relating to the remand of the case by the Board, I would affirm the dismissal on the merits based ground only this
time around. DCIJ McGoings has the file if you would like to review it. He requested time to review the matter and is read
to act now. Please call me if you wish to discuss this or have any questions.
Thank you,
Jack
1

2. ~ ...,
33-34 13810- 383 E-mail 9/16/10 Keller Burr 9
11
35 138 18 395 E-mail 10/19/10 Smith DHS ACIJ informing DHS Chief
Counsel when two IJs will start
hearings in her juri sdiction
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 12/30/11 Keller IJ 1, 2
40-41 14159- 597 Intake Various Nadkami 9
60 -

3. e Detail
Complaint Number: 537
Current AClJ
Weil,JackH.
PastACIJS:
Immigration J•dge: (b)(6)
BaseCity
NdiiiE
Statas
CLOSED
A-Nambtrs(s) ComplaintNanare(s)
b){6) Dueprocess ' ,.... , :b) 16)
(b) (6)
Complaint Narrative: Dueprocessviolationbyadmittingdocumentaryevidenceoffered by OHS.
Complaint Received Date: 08/03/11
Final Action
Complaintdismissedas merits--
related
FinalAction Oat
08/18/1 I
ComplaintSource(s)-·· ·...--·~·-· ···· _____ ___,
ComplaintHistory.._____________________..._._________________________08/ 18/11
08/19/ 1I
09/08/11
OS/01/12
5ep 11,2013
Complaintdismissedas merits-related
Ltr sent to complainantadvisedcomplaintwas dismissed.
Databasecnny created
Complaintdismissedby~Circuit
l of 1

4. EOIRIndex to Randomly Assigned IJCodes for Database Prepared for Litigation
complaint complaint complaint
IJ Code Number Open Date Closed Date
BGZ ~ 08/03/ 11 08/ 18/11
IQV 538 09/09/1 1 10/03/11
1n,, ~~a na, 1 ~, 11 1 n, 1 11 11