🧑🏻‍⚖️EOIR: GARLAND TAPS JUDGE MARY CHENG FOR EOIR DEPUTY DIRECTOR — Potential Enlightened Leader Or Just Another “Go Along To Get Along Bureaucrat?”

Here’s the announcement:

https://www.justice.gov/eoir/pr/eoir-announces-appointment-mary-cheng-deputy-director

JUSTICE NEWS

Department of Justice

Executive Office for Immigration Review

FOR IMMEDIATE RELEASE

Monday, April 11, 2022

EOIR Announces Appointment of Mary Cheng as Deputy Director

FALLS CHURCH, VA – The Executive Office for Immigration Review (EOIR) today announced the appointment of Mary Cheng as the agency’s Deputy Director. Judge Cheng has served EOIR since 2009, including as a Deputy Chief Immigration Judge for the past five years.

“Judge Cheng brings a welcome combination of experience and expertise, preparing her for certain success as EOIR’s deputy director,” EOIR Director David L. Neal said. “Her experience on the immigration bench, her expertise as a managing judge, and her appreciation for the view from both counsels’ tables perfectly position her to help lead the agency to a reinvigorated commitment to our mission and to public service.”

As Deputy Director, Judge Cheng will assist Director Neal in supervising and managing all EOIR components, and developing and implementing agency policies and short- and long-term strategies.

Since April 2021, Judge Cheng has served as the Regional Deputy Chief Immigration Judge for the Eastern Region at EOIR. She previously served as a Deputy Chief Immigration Judge from 2017 to 2021, and she was the Acting Principal Deputy Chief Immigration Judge from August 2020 to February 2021. Judge Cheng has also served in the New York Immigration Court both as an Assistant Chief Immigration Judge from 2015 to 2017, and as an Immigration Judge from 2009 to 2015. Before joining EOIR, she served as Assistant Chief Counsel for the Department of Homeland Security, Immigration and Customs Enforcement, from 2002 to 2009; and before that, she practiced immigration law in New York from 2000 to 2002. Judge Cheng received her Bachelor of Arts from New York University and a Juris Doctor from the New York Law School. She is a member of the New York State Bar.

****************

Judge Cheng had a 71.5% asylum grant rate while on the bench in NYC. That makes her an “outlier” (in a good way) among EOIR HQ “honchos” with significant Immigration Court experience.

Judge Cheng spent two years in the private practice of  immigration law, albeit several decades ago, as well as serving as a JLC at the NY Immigration Court and an ICE prosecutor. So, she has a more “balanced perspective” on the system than many in EOIR.

Interestingly, Judge Cheng’s record on asylum cases is the “inverse” of the nationwide rate, where 2/3 of the asylum cases are denied and many IJs disgracefully reject almost every asylum case coming before them. So, she knows the system is broken, biased, unfair, and unprofessional! 

The question is whether she will use her knowledge and skills to stand up for due process and fair treatment of asylum seekers? Or, will she become another in the long line of EOIR “go along to get along bureaucrats” — willing to sacrifice immigrants’ lives for job security and career advancement?

Hopefully, Judge Cheng will implement some “attitude changes” in an agency still far too committed to the Sessions/Barr “culture of denial” and to misusing, abusing, and mismanaging the Immigration Courts as a “deterrent” — carrying out Administration enforcement “priorities” —  rather than acting as an independent court system using “enlightened practical scholarship” to guarantee due process and fundamental fairness for the individuals coming before it. EOIR has lost sight of its mission and Garland doesn’t seem interested in or capable of changing that. 

As for the “certain success,” predicted by Director Neal, that’s been elusive for some previous Deputy Directors. Three previous Deputies have gone on to become EOIR Director: The late Kevin Rooney, Judge Kevin Ohlson, and the late Juan Osuna. But, “success” in an organization in failure that lacks a dynamic plan for long overdue fundamental personnel, procedural, and structural reforms looks like a tall order. It’s probably  “Mission Impossible!”

The only true measure of “success” is whether the community that EOIR is supposed to serve comes to view the courts as fair, humane, and professional. That depends on changing the results of EOIR’s anti-asylum, often anti-immigrant “assembly line” approach to justice and its chronic, backlog-building  “Aimless Docket Reshuffling” produced by attempting to please DOJ politicos at the expense of justice. Bureaucratic metrics and bogus DOJ and Administration political goals and agendas are meaningless in the “real world.”

What kind of “short and long-term strategies” will work in a struggling “court” system plagued by a burgeoning 1.8 million case backlog, endemic “Aimless Docket Reshuffling,” an appellate body stuck in reverse, a byzantine “agency management” structure, institutionalized “worst practices,” and too many judges who were the product of a poor selection process and inadequate training? There are some measures that potentially could succeed. But, “Team Garland” has pointedly ignored them with predictably bad consequences. 

No one person can change the disastrous trajectory of EOIR. But, someone willing to take risks and give due process and fundamental fairness a chance could make a difference in the lives of the most vulnerable among us. Could Judge Cheng be that person? We’ll see.

🇺🇸Due Process Forever!

PWS

04-13-22

🤡CLOWN SHORTAGE IN AMERICA? — EOIR CAN’T FIND ONE TO FILL DEPUTY DIRECTOR JOB — Re-Advertises, Again! — ☠️☠️☠️WARNING: Successful Candidate Must Have Experience in “Cooking Books” & Be Willing “Fall Guy” For America’s Most Dysfunctional Parody of a “Court System!”☠️☠️☠️

🤡🤡🤡🤡🤡

Deputy Director

DEPARTMENT OF JUSTICE

Executive Office for Immigration Review

  • Overview
    Locations
    Duties
    Requirements
    Required Documents
    Benefits
    How to apply 

Help Help

Overview

  • Open & closing dates
    Opening and closing dates 06/02/2020 to 07/02/2020 
  • Service
    Senior Executive 
  • Pay scale & grade
    ES 00 
  • Salary
    $131,239 to $197,300 per year 
  • Appointment type
    Permanent 
  • Work schedule
    Full-Time 

Help Help

Location

1 vacancy in the following location:

  • Falls Church, VAFalls Church, VA

Relocation expenses reimbursed

No

Telework eligible

No

Help Help

This job is open to

Clarification from the agency

U.S. Citizens

Apply

Print Print

Share Share

Save

Announcement number

SES-10830644-20-AS

Control number

569755300

  • Duties
    Help Help
    Duties
    Summary
    If you are interested in a rewarding and challenging career, this is the position for you!
  • Learn more about this agency
    Responsibilities
    The Executive Office for Immigration Review (EOIR) seeks highly-qualified individuals to join our team of expert professionals in becoming a part of our challenging and rewarding Agency. The primary mission of the Executive Office for Immigration Review (EOIR) is to adjudicate immigration cases by fairly, expeditiously, and uniformly interpreting and administering the Nation’s immigration laws. Under delegated authority from the Attorney General, EOIR conducts immigration court proceedings, appellate reviews, and administrative hearings. EOIR consists of three adjudicatory components: The Office of the Chief Immigration Judge, which is responsible for managing the Immigration Courts where Immigration Judges adjudicate individual cases; the Board of Immigration Appeals, which primarily conducts appellate reviews of these Immigration Judge decisions; and the Office of the Chief Administrative Hearing Officer, which adjudicates immigration-related employment cases.
  • This position is located in the Office of the Director, Executive Office for Immigration Review, U. S. Department of Justice. Incumbent serves as the Deputy Director. This position enjoys the full delegated authority of the Director to manage all aspects of EOIR operations. Thus, the incumbent is responsible for the supervision of the Chairman of BIA, the Chief of OCIJ, the Chief of OCAHO, and all agency personnel in the execution of their duties. 
  • Typical work assignments will include: 
    • Responsible for the formulation and administration of policies affecting the mission of EOIR.
    • Manages the development, evaluation, and implementation of policies for agency-wide programs.
    • Explores and plans long-range development goals, as well as short-term strategies.
    • Develops and implements funding and resource strategies to further the agency’s goals and oversees strategic planning for all agency components.
    • Exercises the authority delegated by the Attorney General and represents the position and policies of EOIR the the Attorney General, the Deputy Attorney General, Members of Congress and other governmental bodies, the press, the bar, and private groups interested in immigration matter.
  • Travel Required
    Occasional travel – You may be expected to travel for this position.Supervisory status
    Yes

    Promotion Potential
    00

  • Job family (Series)
    0905 Attorney
  • Requirements
    Help Help
    Requirements
    Conditions of Employment
  • You must be a U.S. Citizen or National.
  • You must complete a background investigation, credit check, and drug test.
  • Selective Service Registration is required, as applicable.
  • May be required to file a Financial Disclosure.
  • Salary payments must be by direct deposit to a financial institution.
  • Probationary period: For those entering the SES career service for the first time are subject to a one-year probationary period.
  • Managerial qualifications of those not a current or former SES employee must be approved by OPM before appointment.
  • Those who completed the Candidate Development Program (CDP) and have ECQ’s certified by OPM must provide a copy with the application.
  • Applicants must meet all qualifications and eligibility requirements by the closing date of the announcement.
  • Qualifications
    In order to qualify for the Deputy Director position, you must meet the following minimum qualifications:
  • Education: Applicants must possess a LL.B. or a J.D. degree.
  • -AND-
  • Licensure: Applicants must be an active member of the bar, duly licensed and authorized to practice law as an attorney under the laws of a U.S. state, territory, Puerto Rico or the District of Columbia (include the MM/YY date of your admission to the bar).
  • -AND-
  • Experience: Applicants must be U.S. citizens and must have practiced as an attorney, post-bar admission, for a minimum of seven (7) years at the time the application is submitted with at least 1 year of experience at a level equivalent to the GS-15 in the Federal service.(Your resume must CLEARLY demonstrate this experience)
  • Applicants must meet all qualifications and eligibility requirements by the closing date of the announcement.
  • IN DESCRIBING YOUR EXPERIENCE, PLEASE BE CLEAR AND SPECIFIC. WE MAY NOT MAKE ASSUMPTIONS REGARDING YOUR EXPERIENCE. If your resume does not support your questionnaire answers, we will not allow credit for your response(s).
  • For more information on the qualifications for this position, click here.
  • Executive Core Qualifications (ECQs): 
  • ECQ 1- LEADING CHANGE. This core qualification involves the ability to bring about strategic change, both within and outside the organization, to meet organizational goals. Inherent to this ECQ is the ability to establish an organizational vision and to implement it in a continuously changing environment.
  • Leadership Competencies: Creativity & Innovation, External Awareness, Flexibility, Resilience, Strategic Thinking, Vision
  • ECQ 2- LEADING PEOPLE. This core qualification involves the ability to lead people toward meeting the organization’s vision, mission, and goals. Inherent to this ECQ is the ability to provide an inclusive workplace that fosters the development of others, facilitates cooperation and teamwork, and supports constructive resolution of conflicts.
  • Leadership Competencies: Conflict Management, Leveraging Diversity, Developing Others, Team Building
  • ECQ 3 – RESULTS DRIVEN. This core qualification involves the ability to meet organizational goals and customer expectations. Inherent to this ECQ is the ability to make decisions that produce high-quality results by applying technical knowledge, analyzing problems, and calculating risks.
  • Leadership Competencies: Accountability, Customer Service, Decisiveness, Entrepreneurship, Problem Solving, Technical Credibility.
  • ECQ 4- BUSINESS ACUMEN. This core qualification involves the ability to manage human, financial, and information resources strategically.
  • Leadership Competencies: Financial Management, Human Capital Management, Technology Management
  • ECQ 5- BUILDING COALITIONS. This core qualification involves the ability to build coalitions internally and with other Federal agencies, State and local governments, nonprofit and private sector organizations, foreign governments, or international organizations to achieve common goals.
  • Leadership Competencies: Partnering, Political Savvy,Influencing/Negotiating
  • Mandatory Technical Qualification Requirements: 
  • In addition to the ECQs above, qualified candidates must possess the following technical qualifications. Possession of these technical qualifications must be clearly documented in your application package and should be addressed separately.
  • 1. Ability to interpret cases, statues and administrative regulations and apply them to an organizations mission.
  • 2. Comprehensive knowledge of immigration law and procedure, with particular expertise in administrative and Judicial case law and regulations.
  • 3. Ability to draft regulations to implement Department and agency policy and statutory requirements.
  • 4. Ability to represent an organization in administration hearings and proceedings.
  • 5. Demonstrated decision-making, problem- solving, and legal writing skills.
  • 6. Ability to create a customer-service driven organization.EducationAdditional information
    Conditions of Employment: Only U.S. Citizens or Nationals are eligible for employment with the Executive Office for Immigration Review. Dual citizens of the U.S. and another country will be considered on a case-by-case basis. All DOJ applicants, both U.S. citizens and non-citizens, whose job location is with the U.S., must meet the residency requirement. For a total of three (not necessarily consecutive years) of the five years immediately prior to applying for a position, the applicant must have: 1) resided in the U.S., 2) worked for the U.S. overseas in a Federal or military capacity; or 3) been a dependent of a Federal or military employee serving oversees.
  • NOTE: Veteran’s preference does not apply to this position. 5 USC 2108(3), which defines “preference eligible”, indicates this does not include applicants for, or members of, the Senior Executive Service.
  • If you are unable to apply online or need to fax a document you do not have in electronic form, view the following link for information regarding an Alternate Application.Read moreHow You Will Be Evaluated
    You will be evaluated for this job based on how well you meet the qualifications above.
    Once the application process is complete, a review of your resume and supporting documentation will be made and compared against your responses to the assessment questionnaire to determine if you are qualified for this job.
  • In order to be rated as meeting the minimum qualifications, we must be able to determine from your application package that you have the education and/or specialized or general experience that is required.
  • Applicants who have qualifying experience performed on less than a full-time basis must specify the percentage and length of time spent in performance of such duties.Read more
    Background checks and security clearance
    Security clearance
    Top Secret Drug test required
    Yes
  • Required Documents
    Help Help
    Required Documents
    To apply for this position, you must provide a complete Application Package by the closing date of this announcement, which includes:
  • 1. Your Resume showing relevant experience; cover letter optional
  • 2. A complete Assessment Questionnaire
  • 3. For those attempting to enter the SES career service for the first time, you must submit mandatory statements to address the Executive Core Qualifications (ECQ).
  • 4. All applicants are required to submit the Mandatory Technical Qualifications (MTQ).
  • 5. Current or former SES must submit SF-50 and/or SES certificate to show current or prior service.
  • Note: Please ensure that your resume contains your full name, address, phone number, employment information such as: Employer name and location; From and to dates (or from date to present for current position), which include the month and year MM/YY for each description of experience, with grade level held, if applicable, education, training etc. Qualifying experience performed on less than a full-time basis must specify the percentage and length of time spent in performance of such duties.
    If you are relying on your education to meet qualification requirements:
    Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications. Therefore, provide only the attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education.
    Failure to provide all of the required information as stated in this vacancy announcement may result in an ineligible rating or may affect the overall rating.
  • Benefits
    Help Help
    Benefits
    A career with the U.S. Government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Learn more about federal benefits.Review our benefits
    Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time, or intermittent. Contact the hiring agency for more information on the specific benefits offered.
  • How to Apply
    Help Help
    How to Apply
    You must submit a complete application package by 11:59 PM (EST) on the closing date of the announcement.
  • * To begin, click Apply Online to create a USAJOBS account or log in to your existing account. Follow the prompts to select your USAJOBS resume and/or other supporting documents and complete the occupational questionnaire, which can be previewed here: https://apply.usastaffing.gov/ViewQuestionnaire/10830644.
  • * Click the Submit My Answers button to submit your application package.
  • * It is your responsibility to ensure your responses and appropriate documentation is submitted prior to the closing date.
  • * To verify your application is complete, log into your USAJOBS account, select the Application Status link and then select the more information link for this position. The Details page will display the status of your application, the documentation received and processed, and any correspondence the agency has sent related to this application. Your uploaded documents may take several hours to clear the virus scan process.
  • * To return to an incomplete application, log into your USAJOBS account and click Update Application in the vacancy announcement. You must re-select your resume and/or other documents from your USAJOBS account or your application will be incomplete.Read more
    Agency contact information
    Allison Smith Allison Smith
    Phone
    (816) 426-5706
    Email
    allison.smith@opm.govAddress

    Office of the Director

  • 5107 Leesburg Pike, Ste. 2300
  • Falls Church, VA 22041
  • USLearn more about this agencyNext steps
    You will be notified of your application status during the hiring process, as applicable. You may check your application status by accessing the USAJOBS website and clicking “Application Status”. The process may take up to 6 weeks.
  • The four points of notification are: 
    • Application Received or Application Incomplete
    • Minimum Qualification Requirement Met/Not Met
    • Eligible (Application Referred) or Eligible (Application Not referred)
    • Selected or Not Selected
  • If your name is referred to the hiring official, you may be contacted directly by that office for a possible interview.Read more
  • Fair & Transparent
    Fair & Transparent
    The Federal hiring process is setup to be fair and transparent. Please read the following guidance.
    Equal Employment Opportunity Policy
    The United States Government does not discriminate in employment on the basis of race, color, religion, sex (including pregnancy and gender identity), national origin, political affiliation, sexual orientation, marital status, disability, genetic information, age, membership in an employee organization, retaliation, parental status, military service, or other non-merit factor. 

  • Read more
    Reasonable Accommodation Policy
    Federal agencies must provide reasonable accommodation to applicants with disabilities where appropriate. Applicants requiring reasonable accommodation for any part of the application process should follow the instructions in the job opportunity announcement. For any part of the remaining hiring process, applicants should contact the hiring agency directly. Determinations on requests for reasonable accommodation will be made on a case-by-case basis.
    A reasonable accommodation is any change to a job, the work environment, or the way things are usually done that enables an individual with a disability to apply for a job, perform job duties or receive equal access to job benefits.
    Under the Rehabilitation Act of 1973, federal agencies must provide reasonable accommodations when: 

    • An applicant with a disability needs an accommodation to have an equal opportunity to apply for a job.
    • An employee with a disability needs an accommodation to perform the essential job duties or to gain access to the workplace.
    • An employee with a disability needs an accommodation to receive equal access to benefits, such as details, training, and office-sponsored events.
  • You can request a reasonable accommodation at any time during the application or hiring process or while on the job. Requests are considered on a case-by-case basis.
    Learn more about disability employment and reasonable accommodations or how to contact an agency.Read more

****************************

According to insiders, this is the fourth or fifth attempt by the current regime to fill what normally would be a “highly desirable” career Senior Executive position. But, in the kakistocracy, it’s likely to be a “career ender.” 

My advice: make sure you have paid up liability insurance and “alternate career plans” if you apply. A good “White Collar Crime” lawyer on retainer wouldn’t  be a bad idea either.

PWS

06-05-20