DOJ backs down against Iranian American Judge Ashley Tabaddor

Nov 13, 2015

Entertainment , Society , Politics , Iranians in Diaspora

PAAIA: The US Department of Justice (DOJ) has settled with an Iranian-American immigration judge. The federal lawsuit filed by Tabaddor (Case No.14-cv-06390, Tabaddor v. Holder et al.) challenged the DOJ’s order requiring Los Angeles-based Immigration Judge Afsaneh Ashley Tabaddor to recuse herself from all cases involving Iranian nationals Tabaddor claims the order amounted to racial discrimination and violated her constitutional rights.

Judge Afsaneh Ashley Tabaddor

Last Tuesday, the Justice Department backed down after three years. Judge Tabaddor's attorney, Ali Mojdehi, announced that the Justice Department had agreed to lift its order, review its recusal policies and pay her $200,000. This was considered a victory not only for Judges of Iranian heritage, but also for judges of all backgrounds (African American, German American, Jewish American, Mexican American, etc.) who could be recused from hearing cases involving members of their own ethnic background.

The suit arose after Judge Tabaddor attended a roundtable meeting organized by the White House in August 2012, which involved the discussion of federal initiatives relevant to the Iranian American community. Judge Tabaddor was told by the DOJ that there would be no consequences for attending the roundtable meeting as long as she was not appearing in her official capacity, but after the meeting Judge Tabaddor was first “recommended” and then “ordered” by the DOJ to recuse herself from cases involving Iranian nationals given her activities with the Iranian American community.

According to the 2010 US Census data, Iranian Americans are among the most educated immigrant populations in America. An estimated 50% of the one million Iranian Americans live in California.

A member of the California bar, Judge Tabaddor is an immigration judge for the U.S. Immigration Court, where she serves as a judge in one of the most active courts in the nation. In addition, Judge Tabaddor serves as an adjunct professor with UCLA Law School and has served as an adjunct professor at USC, Chapman, and George Washington Law Schools. Prior to her appointment for the judgeship in 2005, she served for three years as an assistant U.S. attorney for the Central District of California in Los Angeles. Judge Tabaddor is an active member of the Iranian American community, having previously served on the Board of Advisors for the Iranian American Bar Association (IABA) and as a mentor for the Public Affairs Alliance of Iranian Americans (PAAIA).

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