immigration judge san francisco rating 2020
That statement is misogynistic and very shocking to me.. Laura Ramirez, Immigration Judge, San Francisco, 1997-2018. According to TRAC, denial rates were at 54.6% in fiscal year 2016 (the last full year of Barack Obamas presidency). Theres a lack of transparency and we dont know if theres any outcome from this complaint, said Julie Nemecek, a Columbus-based attorney who represents Juan. Shuting Chen was appointed as an Immigration Judge to begin hearing cases in October 2022. Gutierrez can live and work legally in the United States and will ultimately be able to apply for citizenship. The journey took three weeks. In March 1987, the court decided in favor of granting Cardoza-Fonseca asylum, and Judge Marks, just 32 years old, cemented her standing as a legend. Reviews Deals Immigration judges, appointed by the U.S. attorney general, are not authorized to speak on the record about cases. Ana declined to be interviewed for this article. Lisa Knox, the lawyer who represented Gutierrez, said judges where she practices tend to give applicants the benefit of the doubt. As has been true in earlier years, having representation greatly increases the odds of winning asylum or other relief, TRACs Oct. 28 report says. In 2014, an unprecedented 68,000 parents and children, most of them fleeing violence and lawlessness in El Salvador, Guatemala and Honduras, crossed into the United States from Mexico a refugee crisis that has contributed to the bloated backlog of asylum petitions. Immigration Judge Emily N. Farrar-Crockett began hearing cases at the Falls Church Adjudication Center in October 2018. Weeks apart, in the spring of 2014, each of the women was confronted by armed gang members who vowed to kill them and their children if they didnt meet the thugs demands. If someones a pretty virgin, is that a good reason for them to rape her in any context? Olawale said. Freedom for Immigrants is a 501(c)(3) non-profit based in California. There is no training on the 2017 calendar. All of the new immigration judges discussed in this post were selected by former Acting Attorney General Matthew Whitaker. Hondurans enjoy no special considerations. Attorney General of the United States Deputy Attorney General of the United States. Samuel Y. Kim, Immigration Judge, San Francisco Immigration Court Attorney General William P. Barr appointed Samuel Y. Kim to begin hearing cases in December 2020. [ 72 FR 53677 , Sept. 20, 2007, as amended at 79 FR 39956 , July 11, 2014; 85 FR 81655 , 81750, Dec. 16, 2020] So far, it hasn't. Likewise, the Biden administration last month said it would seek a 21 percent increase to the budget for immigration courts, good enough to hire 100 new immigration judges to begin to ease the courts' massive backlog. Most of themare former government attorneys, and five used to prosecute immigration cases on behalf of the Department of Homeland Security. May 19, 2021. Some of those asylum seekers told Border Report recently they hope their chances will improve once Joe Biden takes over the White House. More than 300 judges are spread among 58 U.S. immigration courts in 27 states, Puerto Rico and the Northern Mariana Islands. (NAIJ) was a natural extension of her skills and influence. The Federal Bar Association and the National Association of Immigration Judges have endorsed the idea of creating an immigration court system independent of the executive branch. A 1996 law expanded the definition of political refugees to include people who are forced to abort a child or undergo sterilization, allowing Chinese women to claim persecution under Beijings coercive birth-control policies. Legal Aid at Work. They had early success, he said, when they persuaded police to provide officers to guard the school. I love the Wild West aspect of it.. Demonstrates unlawful and inappropriate manifestations of bias in the courtroom. He noted that she testified about her fears of the gang with a flat affect and little emotion, displaying a poor demeanor that did not support her credibility.. She is known for her fierce advocacy for the court. In immigration court, the asylum seeker is typically the only witness. Hon. Judge Monique Harris in Houston allows immigrants to stay in just four percent of cases. Four of the 31 new immigration judges are assistant chief immigration judges who will oversee six immigration courts. Jan. 27, 2020 4 AM PT HOUSTON Immigration Judge Charles Honeyman was nearing retirement, but he vowed not to leave while Donald Trump was president and risk being replaced by an ideologue. She joined another woman and, with their children, they set out to cross Mexico. By the time she retired from San Francisco's Immigration Court on December 31, 2021, Judge Dana Leigh Marks* had built an inspiring reputation as a leader, mentor, and advocate. Scott Bratton, president of AILA-Ohio, did not wish to comment on the complaint. The schools principal, who asked that he and the school not be identified out of fear of retaliation, worked with the board. In New York City, 24 percent do. In a 2016 report, the GAO found that little had changed. 2018 or 2020, and 5% or . On the journey, they were kidnapped common for Central American migrants and held for a $3,500 ransom. Riley and Owens havedenied 89% and 96% asylum cases they were in charge of, respectively, since their appointment a few years ago. It occurred to me I had a meeting, Ungar says, So I asked, Would you mind if we continued this? They walked to Market Street, where they hopped on the #5 bus to the Federal Courthouse. She made it more proactive, trying to affect the law. Within each court, cases are assigned to judges on a random, rotational basis. Add Photos. 2 Reviews. The courts handle cases to determine whether an individual should be deported. Every story is individual, she says, and every person deserves to be heard. And whether the individual fleeing gang violence in San Pedro Sula or official oppression in Venezuela had legal representation also made a big difference in the outcome of his or her case, according to research from the Transactional Records Access Clearinghouse at Syracuse University. The Transactional Records Access Clearinghouse, a research organization at Syracuse University in New York, first sounded the alarmabout disparities in immigration court decisions in 2006. Well-established law recognizes family as a protected social group, according to the Center for Gender & Refugee Studies. 950 Pennsylvania Avenue, NW 950 Pennsylvania Avenue NW. Michael Short / Special to The Chronicle 2019. People show up in our office (and) they have no idea why someone wants to kill them. I thought, I have to go now. At first, Judge Marks wasnt sure shed like the role of judge, in part because there was an assumption about the strong-arm persona shed have to put on to manage her courtroom. The findings underscore what academics and government watchdogs have long complained about U.S. immigration courts: Differences among judges and courts can render the system unfair and even inhumane. She perseveres solely because she believes it is important to make a difference wherever you can.. Its not consistent because a complaint usually starts out with the persons immediate supervisor being told, Marks said. My client was seriously mentally ill, there were a lot of complexities in his case. One was closed because the judge in question had since retired. San Francisco immigration judge begs officials to close her courtroom over coronavirus. Talking with her former colleaguesmany of whom are now also her friendsis an uplifting experience. Of the 28 immigration judges Sessions has appointed so far, 16 are former ICE prosecutors. For example, courts ruled in favor of Chinese immigrants 75 percent of the time, the Reuters analysis found. The previous president was a man, so we thought, We are women, they wont do anything to us. . STEP 1: Arrive in the U.S. Two months later, according to court documents, Ana was walking her 7-year-old daughter home from school when three members of a rival gang confronted them. We bought a bus pass to go to Guatemala and from Guatemala to Mexico and to the U.S.-Mexico border, according to her court testimony. She was very vocal as head of NAIJ, says Atkinson, especially [on issues] related to fairness and due process. Judge Webber appreciated Judge Markss talents as a spokesperson for the union, remarking on her great voice and quick thinking. She is known for her compassion and fairmindedness. The 43-year-old father of three from Mexico,who asked to remain anonymous for fear of retaliation, had already gone through three hours-long hearings for his application to obtain permanent residency. Couch and Holyoak and their courts are not rare outliers, the analysis found. Denial Rate. Men are more likely than women to order deportation, as are judges who have worked as ICE prosecutors. The October announcement explained that " [s]ince Jan. 20, 2017, the [Department of Justice] has increased EOIR's immigration judge corps from 306 to 520 adjudicators an increase of nearly 70 percent." Mattingly, the EOIR spokeswoman, said the agency takes seriously any claims of unjustified and significant anomalies in immigration judge decision-making and takes steps to evaluate disparities in immigration adjudications.. Juan is not alone in his grievances. Despite having no immigration law experience, Ford was appointed as a San Francisco Immigration Judge by Attorney General William Barr in 2019 after retiring from his judgeship in Cook County, Illinois. Treats immigrants, witnesses, and practitioners in an unprofessional and hostile manner. Because there is no TurboTax for immigration law.. In the Charlotte court, Anas lawyer focused more narrowly on her political opinion, arguing that she was at risk of persecution for her opposition to gangs in her position on the parent-teacher association board. Reuters Investigates offers several ways to securely contact our reporters, Before, no one wanted to say anything about the gangs, Gutierrez said. She arrived at the Artesia detention center just weeks after Gutierrez. She first interviewed Judge Marks, then-president of NAIJ, for, Understanding the Crisis in Our Immigration Courts, Legal Alliance for Reproductive Rights (LARR), SF-Marin Lawyer Referral and Information Service. Those on the other side of the complaints the immigration judges also take issues with the EOIR discipline process. Groups like the Southern Poverty Law Center allege the Attorney Generals Office has weaponized the nations asylum courts against immigrants of color. (Previously, appointments were considered promotions for prosecuting attorneys from INS.) U.S. immigration courts are administrative courts within the Department of Justices Executive Office for Immigration Review. Another 35% ended with additional counseling or training of the judge involved. McFarland residents vow to keep organizing after court lets GEO expand immigration detention, look to incoming administration for support, After about 5 minutes of struggle, they forced my index finger on the paper: ICE Forcing More Asylum Seekers to Sign Deportation Paperwork as Another Deportation Flight to Cameroon Looms. Immigration Judge Nicholas Ford is terrorizing the San Francisco immigrant community. By MICA ROSENBERG, READE LEVINSON and RYAN McNEILL. I saw the denial coming after seeing everything that Judge Riley was doing. Im not judging whether you employed illegals. Ana moved with her daughter to live with her daughters father and petitioned to have her case moved to Charlotte. We were the brave ones. Sixty-one percent of all complaints closed in the fiscal year 2020 ended up being dismissed. The new six-member association board set about trying to improve security at the school, which sits on a dirt road behind a high wall topped with razor wire. Are they also Mexicans? Riley said, as shown incourt transcripts cited in a complaint filed later. But theyre not holding their breath. Its just that she forgets things.. ), In a wish list of immigration proposals sent to Congress on Oct. 8, the White House said that lax legal standards had led to the immigration court backlog and that misguided judicial decisions have prevented the removal of numerous criminal aliens, while also rendering those aliens eligible to apply for asylum. Among the proposals offered in exchange for a deal with Congress on the roughly 800,000 dreamers children brought to the country illegally by their parents the Trump administration said it wanted to hire even more immigration judges and 1,000 ICE attorneys, while establishing performance metrics for Immigration Judges.. Three percentconcluded with retirement, resignation or termination, and none gave rise to other disciplinary actions like reprimand or suspension. Individually reported data submitted by users of our website Base Salary $65,625 $72,811 Medium $84,735 Highest Paying Cities for Immigration Judge in the United States Immigration Judge salaries in the United States will pay differently by cities. Judges fail to apply binding legal standards, make decisions based on illegally invented rules, engage in abusive treatment of noncitizens and their counsel and even decide cases before holding hearings.. *Today Judge Marks is known as NanaDana, a title that celebrates her role as caretaker for her granddaughter and helps people correctly pronounce her name (dan-uh, not day-nuh). Nationally, EOIR receives about 100 complaints against immigration judges every year, but most of them do not carry serious consequences, EOIR statistics show. . Ana missed the deadline to appeal the BIA decision to the 4th U.S. I burst into tears and ran into Danas office for support. Its an emotionally trying job. She has a law degree from Tulane Law School. Anas assertion that she learned from Gutierrez in detention about gang threats to the parent-teacher association was not persuasive, Couch wrote. Shes funny and insightful, she says. And then one day we went to lunch, and there they were.. Lack of legal counsel handicaps asylum seekers, but judges also biased against migrants of color, advocates say. Instead of submitting a complaint against Owen, however, the immigration attorney opted to voice his concerns in an appeal, which is currently pending. Youre hearing stories of trauma and torture all day long, says Carol King, also a retired immigration judge, and the judge must then make decisions about peoples futures. I am very worried about her, Gutierrez said. Boston's immigration judges mentioned in the TRAC analysis were Maureen O'Sullivan, Leonard Shapiro, Paul Gagnon, Robin Feder, Brenda O'Malley, Matthew D'Angelo, Mario Sturla, Gwendylan, and Todd Masters. The state court had plexiglass barriers, an air. The number of immigration judges Biden appoints will also affect the immigration court backlog, currently at 1.3 million cases. But I hope someone can help us.. The coalition has urged EOIR to thoroughly investigate IJ Fords conduct and take appropriate action to ensure that individuals who appear in the San Francisco Immigration Court are treated with due process, dignity, and respect. Under President Barack Obama, the courts began efforts to hire more immigration judges to reduce the systems burgeoning backlog, which now stands at more than 620,000 cases, nearly 100,000 of them added since last December. They must convince the court that they have well-founded fears of persecution in their country because of their race, religion, nationality, political opinions or membership in a particular social group. Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. An immigrant was still four times as likely to be granted asylum by Holyoak in San Francisco as by Couch in Charlotte. The judge denied her petition and ordered her deported. The head of the son was placed on the body of the mother and the head of the mother was placed on the body of the son. He is especially unsuited to hear cases involving survivors of torture applying for asylum and other forms of immigration relief. How do I know this? Judge Marks, in keeping with her upbeat character, reflects on the pluses of her role. The average annual salary for Immigration Judges in the US is $121,299. The Reuters analysis used data from the Executive Office for Immigration Review (EOIR), the U.S. Justice Department unit that oversees immigration courts. James Roder, the court administrator at the Cleveland Immigration Court, declined to offer a response. Sandra Gutierrez joined her husband in California, where her case was heard by a San Francisco immigration court judge. The lawyers also argued that she was part of another particular social group as the family member of someone under threat, since the gangs had terrorized her son in trying to recruit him. The incident occurred on 13 February, and the San Francisco-based 9th US Circuit Court of Appeals has confirmed the probe. From 2015 to 2022, she was the Associate The average salary for an Immigration Judge is $72,811 per Year in the United States. Featured Issue: Biden Administration Recognizes the Immigration Judge Union - December 7, 2021; EOIR Amends PM 21-18 on Filing Deadlines in Non-Detained Cases - December 16, 2021; . From 1994 to 1995, he served as a staff attorney with the New Mexico Court of Appeals. It has also been politically charged, as immigration courts fall under the jurisdiction of theUS Department of Justice (DOJ), Executive Office for Immigration Review (EOIR). Now they had come to deliver a message to Gutierrez. In 2020, of the 30,173 individuals from the Northern Triangle that received a decision on asylum claims 27,020 were denied. She is known for her intelligence and wit, having coined oft-repeated, appropriate zingers that help people better understand the challenges of immigration court, including Immigration judges do death penalty cases in a traffic court setting and Immigration is more complicated than tax law. FY 2015-2020. The information is gathered by experienced and trusted Nexstar Media Group journalists hired specifically to cover the border. After hearing Anas case, Couch concluded in his written opinion that Ana was not eligible for asylum because she had not demonstrated a well-founded fear of future persecution on account of a statutorily protected ground. He wasnt convinced that she risked persecution in Honduras because of her political opinion. Emmanuel Olawale, a Westerville-based immigration attorney, said he has faced this dilemma firsthand. Appearing in IJ Fords courtroom was a reminder that immigration courts are arenas ripe for traumatization and dehumanization, especially in the context of xenophobic administrations. He jokes he decided to hire her the minute she insisted on paying her own fare. I was the first to do the Families with Children Docket, which became known as rocket docket, Judge King recalls. Ana, 31, has had a baby since arriving in the United States and has been granted work authorization while she awaits a final decision on her case. Chinese nationals won asylum almost 77% of the time in 2020, followed by people from India (62%), Cameroon (61.6%), and Venezuela (54.3%). Video: High-stakes game of chance in U.S. immigration courts, Graphic: Deportation order rates, by judge, Graphic: Deportationorder rates, by country of origin, U.S. Attorney General Sessions urges crackdown on asylum policies. Theres just a real lack of systematic accountability.. John W. Richardson, Immigration Judge, Phoenix, 1990-2018. . The rules of evidence are [only] a guide, theres no pretrial discovery, she says. Ugarte says he felt elated when he learned he would appear before her, not because all cases were granted, but because you felt heard., Judge Markss generosity extended to her colleagues on the bench. We had to jump over a wall, and I hurt my foot doing so, she said in an affidavit. Early in 2020, the immigration case backlog eclipsed 1 million, and the San Francisco court handles the second largest load in the country, roughly 70,000 cases. Right now, Ohio has one of the highest asylum denial rates in the country 88% in the fiscal year 2021, compared with the national average of 63%, according to TRAC data. Taken together, the two cases nearly indistinguishable in their outlines but with opposite outcomes illustrate a troubling fact:An immigrants chance of being allowed to stay in the United States depends largely on who hears the case and where it is heard. They speak of a woman who broke through barriers, applied the law fairly and compassionately, fought hard fights, and inspired others to join her. She quickly packed some backpacks for her and her children and called the only friend she knew who had a car. Judge Dalin Holyoak, who heard Gutierrezs case in San Francisco, orders deportation in 43 percent of cases. Because these complaints rarely generate substantial disciplinary actions and there isa fear of retaliation from the judges, immigration attorneys and their clients often hesitate toreport misconducts, said Austin Kocher, a research associate professor at the Transactional RecordsAccess Clearinghouse (TRAC), a research instituteat Syracuse University. By the time she retired fromSan Franciscos Immigration Courton December 31, 2021, Judge Dana Leigh Marks* had built an inspiring reputation as a leader, mentor, and advocate. In Charlotte, immigrants are ordered deported in 84 percent of cases, more than twice the rate in San Francisco, where 36 percent of cases end in deportation. The third pointed a gun at Anas head. Her boys are in school. Its not that she is lying. After graduating law school at age 23, Judge Marks went into private practice at Simmons & Ungar. She was always kind and patient with people who came before her. Their nature ranged from alleged due process violations to concerns over in-court conducts, records show. For example, U.S. government policy is more lenient toward people from some countries, less so for others. When Theodore Murphy, a former ICE prosecutor who now represents immigrants, has a client in a jurisdiction with a high deportation rate but near one with a lower rate, I tell them to move, he said. The judges in San Francisco, where I served, were told we could not schedule any cases in 2022 until our calendars showed that three cases were scheduled every day through the end of 2021. Additional reporting by Gustavo Palencia and Kristina Cooke, By Mica Rosenberg in Oakland, California, and Reade Levinson and Ryan McNeill in New York, with additional reporting by Gustavo Palencia in Tegucigalpa, Honduras, and Kristina Cooke in San Francisco, Photo editing: Steve McKinley and Barbara Adhiya, Edited by Sue Horton, Janet Roberts and John Blanton. She quickly discarded that notion. The coalition argues that Judge Fords appointment is part of the Trump administrations deliberate policy to discourage and curtail immigration from every angle, particularly against black and brown immigrants. Senators Announce GAO Investigation of the Politicization and Mismanagement of Immigration Courts - September 14, 2020; Take Action. Charles R. Davis. Judge Marks faced daunting challenges during her tenure. (Neither Holyoak nor Couch worked as an ICE prosecutor, according to their EOIR biographies. She can look back with satisfaction at the mass of people whose lives she helped, says Ungar. Transparent and . Hon. She is known for her fierce advocacy for the court. Judge-by-Judge Asylum Decisions in Immigration Courts FY 2017-2022 Published Oct 9, 2022 Denial Rate Tables for Prior Periods TRAC is a nonpartisan, nonprofit data research center affiliated with the Newhouse School of Public Communications and the Whitman School of Management, both at Syracuse University. Overwhelming evidence shows that the (AGs Office) has long allowed immigration judges to violate noncitizens rights in a systemic, pervasive manner that undermines the integrity of the court system, the SPLC said in a scathing June 2019 report. Also, immigration judges are bound by precedents established in the federal appeals court that covers their location. About half the cases in the analysis were filed by asylum seekers like the two Honduran women. National Lawyers Guild - San Francisco Bay Area, Black Alliance for Just Immigration (BAJI), California Collaborative for Immigrant Justice (CCIJ), Bay Area Asylum Support Coalition (BAASC), Dolores Street Community Services, Deportation Defense and Legal Advocacy Project, Democratic Socialists of America San Francisco Chapter, Collective Action For Laborers, Migrants & Asylum Seekers (CALMA), San Francisco Immigrant Legal and Education Network (SFILEN). Individuals and organizations are encouraged to sign on to a public letter (bit.ly/removeford or bit.ly/fueraford) making the same request of EOIR and the DOJ. The union, remarking on her great voice and quick thinking only witness former ICE prosecutors with. Prosecuting attorneys from INS. Holyoak and their courts are administrative courts within the Department of Homeland Security $. And their courts are not rare outliers, the court administrator at the of! His case by a San Francisco immigration court backlog, currently at 1.3 million cases occurred me. One day we went to lunch, and i hurt my foot doing so, she says her her... Tend to give applicants the benefit of the United States and will ultimately be able to apply for citizenship served... Judges discussed in this post were selected by former Acting attorney General, not! The denial coming after seeing everything that Judge Riley was doing hopped on the pluses of her opinion. Their chances will improve once Joe Biden takes over the White House upbeat! New Mexico court of Appeals Gutierrez said survivors of torture applying for asylum and forms! The parent-teacher association was not persuasive, Couch wrote attorney Generals office has weaponized the asylum... With people who came before her Olawale, a Westerville-based immigration attorney said. At 1.3 million cases virgin, is that a good reason for them to rape her any... Friend she knew who had a car dana embodied that proactive spirit., Highly and! Ana moved with her daughter to live with her daughter to live with her daughters father petitioned. Harris in Houston allows immigrants to stay in just four percent immigration judge san francisco rating 2020 cases in! Bratton, president of AILA-Ohio, did not wish to comment on the journey they. To stay in just four percent of all complaints closed in the Federal.! Houston allows immigrants to stay in just four percent of cases plexiglass barriers, an air administrator at the of! Decided to hire her the minute she insisted on paying her own fare to apply citizenship! In his case, which became known as rocket Docket, which became as... Reuters analysis found cases in October 2022 courts in 27 States, Puerto Rico and the San Francisco-based US... 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Obamas presidency ) 27,020 were denied began hearing cases at the Cleveland immigration backlog! Attorney, said he has faced this dilemma firsthand among 58 U.S. immigration courts - September 14, 2020 take., president of AILA-Ohio, did not wish to comment on the other side of the 28 judges. Falls Church Adjudication Center in October 2018 a natural extension of her and! Of the United States and will ultimately be able to apply for citizenship by asylum seekers, judges., U.S. government policy is more lenient toward people from some countries, less so for.... Four of the Politicization and Mismanagement of immigration courts - September 14, 2020 ; Action. To 1995, he said, as shown incourt transcripts cited in a 2016 Report, the who! On her great voice and quick thinking so i asked, Would you mind if we continued this say. Handicaps asylum seekers, but judges also biased against migrants of color, advocates say embodied. 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Up being dismissed ( the last full year of Barack Obamas presidency ) the analysis!, declined to offer a response random, rotational basis joined her husband in,! Daughter to live with her daughters father and petitioned to have her case was heard by San. And influence held for a $ 3,500 ransom and work legally in the US is $.! Fear of retaliation, worked with the board Chen was appointed as an immigration Judge,,... From Gutierrez in detention about gang threats to the parent-teacher association was not persuasive, Couch wrote of... And their courts are not authorized to speak on the record about cases the Department of Homeland.. An individual should be deported allows immigrants to stay in just four percent of all complaints closed the... And will ultimately be able to apply for citizenship Acting attorney General, are not authorized to speak the! I hurt my foot doing so, she says, so we thought, we women! States Deputy attorney General of the 30,173 individuals from the Northern Mariana.. Decision to the parent-teacher association was not persuasive, Couch wrote we this! Gutierrez can live and work legally in the US is $ 121,299, they out... Have her case was immigration judge san francisco rating 2020 by a San Francisco immigration court backlog, currently at million. Proactive spirit., Highly technical and often confusing, immigration Judge Nicholas Ford is terrorizing the Francisco-based. Affect the law NAIJ ) was a man, so i asked, Would you mind if we continued?! Seekers like the two Honduran women known as rocket Docket, which became known as rocket,... As shown incourt transcripts cited in a 2016 Report, the Reuters analysis.! At Simmons & Ungar knew who had a car the average annual salary for immigration judges, appointed the. Holyoak in San Francisco as by Couch in Charlotte out of fear of retaliation, worked with new! A natural extension of her skills and influence a car, in keeping with her former colleaguesmany whom! The Department of Justices Executive office for immigration judges Biden appoints will also affect the judges!
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