Tabaddor v. Holder et al Resource Page
Resource Page on Immigration Judge's Suit Against Department of Justice Unlawful Recusal Policy
In light of significant public interest in Immigration Judge Ashley Tabaddor's suit against the Department of Justice, the firm has established a resource page to provide a source of easily accessible information about the case.
On August 12, 2014, Cooley filed suit against the Department of Justice raising constitutional and discrimination based challenges to a Department order requiring Judge Tabaddor to indefinitely cease hearing any cases involving Iranian nationals — an order issued based on Judge Tabaddor's race and national origin as well as her civic engagement and community service off the bench.
Below are links to documents and resources about the case. Materials from the public docket in the pending federal suit are included under the heading "Legal Filings." Before Judge Tabaddor filed suit, however, a lengthy internal investigative and administrative process was completed by an Equal Employment Opportunity Commission ("EEO") component of the Justice Department. As part of that process, the EEO issued a Report of Investigation which includes, among other things, affidavits submitted by officials, now named as defendants in the suit, who played primary roles on behalf of the Justice Department in ordering Judge Tabaddor's recusal (found at Exhibits 8, 9 and 11 below) and that of a key ethics official at the time relevant to the suit (found at Exhibit 14 below). In addition, under the heading "Additional EEO Materials," other documents submitted in the course of the internal investigation as well as the subsequent final agency decision can be accessed. These materials include supplemental affidavits of officials named as defendants in the suit (found below as part of the November 5, 2013 correspondence and the supplemental submission of March 2014).
LEGAL FILINGS
(Tabaddor v. Holder et al., Case No. 14-cv-06309-GW-CW, U.S. District Court, Central District of California)
Order of Dismissal with Prejudice
Stipulation and Order of Dismissal with Prejudice
Amended District Court Complaint
Opposition to Motion to Dismiss
Request for Judicial Notice in Support of Opposition
Application of National Association of Immigration Judges
Application of Amici Curiae Groups and Proposed Amicus Brief
Order Granting Application of Amici Curiae Groups to File Amicus Brief
Order Granting Application of National Association of Immigration Judges to File Amicus Brief
Reply in Support of Motion to Dismiss
Order Denying in Part and Granting in Part Defendants' Motion to Dismiss
REPORT OF INVESTIGATION
Exhibit 1: Formal Complaint of Discrimination
Exhibit 3: Notices of Right to File Formal Complaint, dated November 14, 2012
Exhibit 4: Acknowledgement of Receipt of Complaint of Discrimination, dated November 30, 2012
Exhibit 5: EEO Complaint Correspondence
Exhibit 6: EEO Investigation Correspondence
Exhibit 7: Affidavit – Judge Ashley Tabaddor, dated February 26, 2013
Exhibit 8: Affidavit - Jeffrey Rosenblum, dated March 11, 2013
Exhibit 9: Affidavit - Thomas Fong
Exhibit 10: Affidavit - Charles Smith, dated March 25, 2013
Exhibit 11: Affidavit - Marlene Wahowiak, Witness, dated March 25, 2013
Exhibit 12: Affidavit – Nina Elliot, dated March 14, 2013
Exhibit 13: Affidavit - Matthew Bradley, dated March 11, 2013
Exhibit 14: Affidavit - JuanCarlos M. Hunt, dated April 4, 2013
Exhibit 16: Recusal Case Listing for Iranian nationals, dated March 20, 2013
Exhibit 19: Organization Chart for EOIR as of January 2005 (Agency)
Exhibit 20: Organization Chart/Directory for EOIR Ethics Office (Agency)
Exhibit 22: Agency's response to EEO Investigator's request for documentation
Exhibit 23: Notice of Late Investigation Letter, dated June 13, 2013
Exhibit 26: Miscellaneous email correspondence between USMS EEO Office and Agency Representative
ADDITIONAL EEO MATERIALS
Request for Final Agency Decision, dated September 4, 2013
Correspondence from Cooley to EEO Complaint Adjudicator, dated November 26, 2014
EEO Complaint Adjudicator Request for Supplemental Information, dated February 14, 2014
Judge Tabaddor, Supplemental Submission, dated April 21, 2014
Final Agency Decision, dated May 14, 2014
PRESS RELEASES
Arab American Lawyers of Southern California – "AALASC Expresses Concern Over DOJ Order," September 3, 2014
Iranian American Bar Association - "Judge Ashley Tabaddor Statement," August 23, 2014
NEWS ARTICLES
The American Lawyer - Cooley Wins DOJ Settlement Over Judge's Iranian-American Ties
NPR - U.S. Government Settles Lawsuit Filed By Iranian-American Judge
Law360 - DOJ Settles Iranian Immigration Judge's Bias Case
Law360 - "Immigration Judges Slam DOJ Ban On Iranian Judge", February 25, 2015
Daily Journal - "Ordered 'Recusal' Shows Lack of Autonomy," August 28, 2014
U-T San Diego – "Immigration Judge Sues Over Recusal from Cases," August 13, 2014
Law360 - "Judge Sues DOJ for Allegedly Discriminatory Recusal Order," August 13, 2014
Daily Journal - "Immigration Judge Supported," July 25, 2014
ARTICLES/BLOGS
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