Attorneyseven conservativesrespected her., Judge Marks explains it another way. Her door was always open, says Judge King. There are complaints that were made because someone is not happy that they lost a case, and those claims need to be taken with a grain of salt, Schmidt said. She petitioned the BIA through new lawyers to reopen her case and send it back to the immigration court to allow her to present new evidence of her persecution. But complainants like Juan and their attorneys said they have beendisappointed that their efforts did not lead to any lasting changes and that there was little transparency in the investigation process. They landed near Hidalgo, Texas. Throughout, Jamil says, Judge Marks articulated to the press and to the public the stress of doing the job of immigration judge. On the journey, they were kidnapped common for Central American migrants and held for a $3,500 ransom. 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. (Previously, appointments were considered promotions for prosecuting attorneys from INS.) 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." I want everyone to feel validated, listened to., To manage an immigration courtroom, says Rebecca Bowen Jamil, who retired from the bench and is currently an attorney with Argumedo Garzon Law Group in San Francisco, you have to be flexible and have the knowledge to be flexible. Judge Marks succeeded, Jamil says, because she has a big personality, and she has the goods to back it up. 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. But we have to address these bad judges.. 950 Pennsylvania Avenue, NW 950 Pennsylvania Avenue NW. The older one, once threatened by gangs in Honduras, likes studying history and math and is learning to play the cello. Unaware of each others plight, both fled with their children, making the dangerous trek across Mexico. They drove all night to her friends mothers house in another town. This material may not be published, broadcast, rewritten, or redistributed. Do you know the people? I want to stay because of my kids, said Juan, who recently bought a new house for his family. By MICA ROSENBERG, READE LEVINSON and RYAN McNEILL. SAS Output. 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. , had serious impacts on asylum cases and the parameters of the courts. The clients loved her, says Ungar. Michael Short / Special to The Chronicle 2019. Romy L. Lerner, Immigration Judge, Miami (Krome) Immigration Court. There they piled with another group of migrants into an inflatable raft and crossed the Rio Grande, the border between Mexico and the United States. The judge denied her petition and ordered her deported. 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. The situation in our country is getting worse and worse.. Dana embodied that proactive spirit., Highly technical and often confusing, immigration law can intersect with family, dependency, and criminal law. That experience, the Reuters analysis found, makes them 23 percent more likely to order deportation. I came here when I was very young. She remains active today as president emerita. 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. People familiar with the system are well aware of the difference. Denial Rate. The rules of evidence are [only] a guide, theres no pretrial discovery, she says. This time, her lawyer included arguments about her membership in a particular social group. Posted November 10th, 2015. Riley and Owens have. Administrative Law Judges Effective January 2021 . The union representing immigration judges is suing the Trump administration over a policy they say censors judges. 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. Devin OMalley, a Department of Justice spokesman, challenged the Reuters analysis, citing "numerous conflicting statements, miscalculations, and other data errors," but declined to elaborate further. In a three-page ruling, one board member said Anas lawyer could not introduce a new argument on appeal and agreed with Couch that Ana hadnt proved a political motive behind the gang members attack. Because there is no TurboTax for immigration law., The firm made a wise choice. An immigrant was still four times as likely to be granted asylum by Holyoak in San Francisco as by Couch in Charlotte. They hoped that mothers working together could oust the violent gangs that plagued the campus. 200 Romy L. Lerner was appointed as an Immigration Judge to begin hearing cases in May 2022. Judge Marks, in keeping with her upbeat character, reflects on the pluses of her role. Some of those asylum seekers told Border Report recently they hope their chances will improve once Joe Biden takes over the White House. Their nature ranged from alleged due process violations to concerns over in-court conducts, records show. A grant from El Paso Bar Foundation provides an additional $3,700 for the agencys Removal Defense unit. ). Learn more about how to check your immigration court date and the status of your immigration case from here. 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. Within each court, cases are assigned to judges on a random, rotational basis. Ill have to weigh my options and consider how bad it is before I stick my neck out there.. Before: Richard A. Paez and John B. Owens, Circuit Judges, and Morrison C. England, Jr., * Senior District Judge. In 2012, ICE agents arrested Juan at his home and put him in deportation proceedings. Shes funny and insightful, she says. Juan expected from experience that he wouldonce againface a series of aggressive questionsfrom Judge Teresa Riley, whose intimidating style almost made him give up on his case altogether, he said. Immigration court doesnt have contempt, so I had to use charm, she says. Many of the migrants, including Gutierrez and Ana, convinced initial interviewers that they had a credible fear of returning home, the first step in filing an asylum claim. Constanza Hevia H. / Special to The Chronicle 2020 He also served as an immigration judge from 2009 to 2011 in San Francisco, and he was an Immigration and Customs Enforcement attorney in the city from 2006 to 2009. . Judge Marks says her biggest success was seeing, H.R. She quickly discarded that notion. Decisions can be appealed to the Board of Immigration Appeals, an administrative body within the Department of Justice. Judge Marks led the union for a total of 18 years, serving seven two-year terms as president (not sequential) and four as executive vice president. The other 27 immigration judges will serve across the country on 19 immigration courts. The evidence indicates this is a case of criminal extortion that the respondent attempts to fashion into an imputed political opinion claim., Gutierrez said Ana told her in one of their occasional phone conversations that she felt intimidated by the intense questioning of the ICE attorney. The average salary for an Immigration Judge is $72,811 per Year in the United States. Citing the experience of six anonymous immigrants, including Juan, the complaint accuses Riley of biases against Latino immigrants, bullying and hostile questioning,a lack of professional competence and other alleged misconducts. In the San Francisco court, Gutierrezs lawyers argued that she qualified for asylum because as a leader of the parent-teacher association, she was at risk for her political opinion her stand against gangs and for belonging to a particular social group of Hondurans opposed to gang violence and recruitment in schools. See how your salary compares to other Immigration Judges with Comparably. Most of themare former government attorneys, and five used to prosecute immigration cases on behalf of the Department of Homeland Security. In immigration court, the asylum seeker is typically the only witness. Juans application for cancellation of removal was denied in November 2020. 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. Those who presented their petitions in Texas, Georgia and southern California had high denial rates, as well. Three led to oral counseling. It feels like the judge has no compassion for us and doesnt like Latinos.. She was the first person I knew from our side, says Bette Stockton, who later joined Judge Marks on the bench and retired after 21.5 years as an immigration judge. 6577, Real Courts, Rule of Law Act of 2022introduced in Congress byRepresentative Zoe Lofgrenand passed by the House Judiciary Committee in May of this year. How do I know this? Immigration attorneys and their clients are not the only ones who said they are distrustful of the judicial complaint process. Those on the other side of the complaints the immigration judges also take issues with the EOIR discipline process. The third pointed a gun at Anas head. The murders, like more than 93 percent of crimes in Honduras, remain unsolved. In a 2016 report, the GAO found that little had changed. Two of them were dismissed. Its not that she is lying. San Francisco immigration judge begs officials to close her courtroom over coronavirus. 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. 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. But the patrols left after a few weeks, probably intimidated by the gangs. In New York City, 24 percent do. The longer a judge has been serving, the more likely that judge is to grant asylum. I thought, I have to go now. Gutierrez also said her friend is very forgetful. Gutierrez can live and work legally in the United States and will ultimately be able to apply for citizenship. It is painfully apparent how much the clients we serve have overcome throughout their lives, says Roxana Moussavian, immigration attorney at Pangea Legal Services. Hon. When she started, she was one of few women. They demanded that a payment of more than $5,000 be delivered in 24 hours, a huge sum for a woman who sold tortillas for a living. ; On June 24, 2020 we collaborated with NLG-Los Angeles, National Immigration Project of the NLG, and the NLG National Office to provide a CLE on 'Fighting for the Release of Detained . 2018 or 2020, and 5% or . Her boys are in school. But it still astounded him when Riley calledMexican immigrants illegals while cross-examining his wife about the subcontractors that Juan employed at his construction business. There, they applied for asylum. . Mattingly, the EOIR spokeswoman, said the agency held training sessions for judges to address the disparities in 2008 and 2009. They were elected in 2013 to the board of the parent-teacher association at their children's school in the Honduran capital, Tegucigalpa. 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. Ana declined to be interviewed for this article. 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. One evening in April 2014, Gutierrez was watching television at home with her two sons, ages 5 and 11, when she heard banging at the front door. From 2013-2018, she worked as an immigration attorney. Juan is not alone in his grievances. Emmanuel Olawale, a Westerville-based immigration attorney, said he has faced this dilemma firsthand. As a result, credibility is really the key factor. 0% San Francisco; 0% Denver; 0% Dallas, TX; 0% Boston; 0% Los Angeles; 0% Atlanta; Salary Ranges for Immigration Judges. Attorney General Jeff Sessions said in April that the Justice Department planned to hire more than 50 judges this year and 75 in 2018, which would put the total number of sitting judges above 400. Knight Institute Calls on DOJ's Exe cutive Office for Immigration Review to Suspend Policy Silencing Immigration Judges, (Jan. 6, 2020), https: . 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). Juangrew up in Guadalajara, Mexico, where his family had few resources and he often had to go to school on an empty stomach, he said. 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. A collaborative court watch program run by NLG-SFBA, Freedom for Immigrants, Kehilla Community Synagogue, Interfaith Movement for Human Integrity, and other coalition organizations trains community members to attend and observe immigration hearings and to document what happens, including any failures of due process. From 2012 to 2016, EOIR received 624 complaints against judges.The 138 complaints lodged in 2016 alone included allegations of bias, as well as concerns about due process and judges conduct within the courtroom. She lost. A Honduran migrant wears a sanitary mask while waiting in line to plead . As has been true in earlier years, having representation greatly increases the odds of winning asylum or other relief, TRACs Oct. 28 report says. He was invested on November 6 and will begin hearing cases this month. He is especially unsuited to hear cases involving survivors of torture applying for asylum and other forms of immigration relief. She is known for her fierce advocacy for the court. Judge Stuart Couch, who heard Anas case in Charlotte, orders immigrants deported 89 percent of the time, according to a Reuters analysis of more than 370,000 cases heard in all 58 U.S. immigration courts over the past 10 years. Immigration attorneys dont file these complaints often enough because they still have to practice in front of these judges, said Kocher, whose research focuses on immigration policies. Immigration Judge Nicholas Ford is terrorizing the San Francisco immigrant community. Jamil adds Judge Markss tireless work for the union and giving a professional, female voice to immigration judges to her list of accomplishments. I am very worried about her, Gutierrez said. The schools principal, who asked that he and the school not be identified out of fear of retaliation, worked with the board. U.S. immigration courts are administrative courts within the Department of Justices Executive Office for Immigration Review. Variations among judges and courts are broad. Gutierrez moved with her boys to Oakland, California, to join her husband, and petitioned to have her case moved to San Francisco. She has a law degree from Tulane Law School. For example, U.S. government policy is more lenient toward people from some countries, less so for others. 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. These are life or death matters. Hanrahan's last day as assistant chief immigration judge was May 7, capping a 14-month tenure as the top manager overseeing the 25 immigration judges and dozens of staff at the San Francisco court. Kathleen Guthrie Woods is a long-time contributor toSan Francisco Attorneymagazine. The administration of President Donald Trump is continuing the effort. Mexicans and citizens from the Northern Triangle of Central America Honduras, Guatemala and El Salvador were the most likely to be turned down. On December 18, 2020, the EOIR announced the investiture of an additional 14 immigration judges. The rules of evidence are [only] a guide, theres no pretrial discovery, she says. EOIR held a two-day training session last year. Its an emotionally trying job. Theres also an imbalance of power in the courtroom and the fear of retaliation. Judge Marks says her biggest success was seeingH.R. The Executive Office for Immigration Review had 2,383 employees in 2015 with an average pay (base salary + bonus) of $118,095.97. The bill, if approved by the Senate, will transition the nations immigration court system into an independent judiciary consistent with Article I of the U.S. Constitution. Says Judge Marks, Thisquickly became my long-term goal outside of judging., When that does happen, it certainly will be part of her legacy, but just one part of a stellar career. The first judge I had, he was strict, but he seemed like a very capable judge and I felt really comfortable, Juan said. 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. She is known for her compassion and fairmindedness. Riley stopped hearing cases for a few weeks in July and August, but returned shortly after, according to hearing schedules shared with the Dispatch. The bill, if approved by the Senate, will transition the nations immigration court system into an independent judiciary consistent with Article I of the U.S. Constitution. Says Judge Marks, Thisquickly became my long-term goal outside of judging., Kathleen Guthrie Woods is a long-time contributor to, San Francisco Attorneymagazine. 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. I vowed to be my authentic sense of self. Retired Immigration Judge Polly Webber, saw an aspirational role model. William L. Abbott decided the largest number of cases (344) in fiscal year 2020 and denied 89.2% of them (307). Attorney General of the United States Deputy Attorney General of the United States. Individuals can sign up for a court watch training at bit.ly/courtwatch1. The appointments included former immigration judges who themselves ordered high rates of deportation on the bench, according to the Reuters analysis. Knowing that providing legal advice to asylum seekers can make a difference, one El Paso nonprofit applied for and got two private grants to provide these services. But multiple attorneys familiar with the matter said no one received clear information from EOIR on the investigation outcome, as is often the case with these complaints. Robert S. Hough had the highest denial rate (92.2%), according to TRAC. She quickly discarded that notion. It was June 11, 2018, and then-attorney general Jeff Sessions, her boss . Holyoak was convinced. But the bulk of asylum seekers who came during the 2018-2019 migrant surge were Central Americans. BETWEEN WORLDS: Tens of thousands of Central Americans fleeing violence in their home countries overwhelmed U.S. immigration facilities like this one in Nogales, Arizona, in 2014. She perseveres solely because she believes it is important to make a difference wherever you can.. John W. Richardson, Immigration Judge, Phoenix, 1990-2018. . It was a magic zone, says Ugarte, in part because when she made a decision, she bridged the gap in a politically charged environment. From 2001-2013, Judge Farrar-Crockett was an attorney with the Louisville Metro Public Defender Office. Judge Marks says she was never bored. The other woman, Ana, joined her daughters father in the southeastern United States, andher case was assigned to an immigration court in Charlotte, North Carolina. Judge Halperin is a member of the Utah State Bar. Her older boy recognized the three armed and heavily tattooed young men on the stoop as the same ones who had thrown him to the ground earlier that day, telling him, not for the first time, that they wanted him to join their ranks. 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.. After graduating law school at age 23, Judge Marks went into private practice at Simmons & Ungar. The top ten percent of employees in the Executive Office for . 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. Laura Ramirez, Immigration Judge, San Francisco, 1997-2018. On Thursday, a coalition of 17 legal services and immigration. The judge also questioned why, in an early interview with an asylum officer, Ana never mentioned threats to the parent-teacher association, and instead said she thought the gangs were targeting her for the money her daughters father was sending from the United States to build a house in Honduras. Every story is individual, she says, and every person deserves to be heard. 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. Of the 102 complaints that had been resolved when the data were published, only three resulted in discipline, defined as reprimand or suspension of the judge. 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. Oh, my goodness, says Donald Ungar, now retired, as he thinks back to his first impressions. The majority come from government. Couch wrote in his opinion that Anas difficulty recounting the names of the women on the association board weighed against her credibility. The mass exodus from Central America was under way when Gutierrez and Ana were elected to the board of the parent-teacher association at their childrens school in spring 2013. They had early success, he said, when they persuaded police to provide officers to guard the school. Im not judging whether you employed illegals. FY 2015-2020. WASHINGTON An immigration judge in the San Francisco court abruptly quit his post this week, issuing a scathing letter upon his retirement . 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. She is now awaiting a court date after new lawyers got her case reopened. . Reuters Investigates offers several ways to securely contact our reporters, Before, no one wanted to say anything about the gangs, Gutierrez said. The money will be used in partnership with the Loretto Volunteer Project to help migrants, including those sent to Juarez, Mexico under U.S. Customs and Border Protections Migrant Protection Protocols, or MPP, program. El Paso federal immigration judges denied 85.4% of asylum claims in fiscal year 2020. Immigration Court. She arrived at the Artesia detention center just weeks after Gutierrez. Circuit Court of Appeals on Tuesday blasted its immigration. "EOIR takes all complaints seriously, investigates all colorable complaints, and takes corrective action when appropriate, Montenegro said in an email statement. Sixty-one percent of all complaints closed in the fiscal year 2020 ended up being dismissed. Its not consistent because a complaint usually starts out with the persons immediate supervisor being told, Marks said. Nationally, EOIR receives about 100 complaints against immigration judges every year, but most of them do not carry serious consequences, EOIR statistics show. Becoming involved with and leading theNational Association of Immigration Judges(NAIJ) was a natural extension of her skills and influence. The Government Accountability Office studied some proposals for reform in 2017, without endorsing any particular model. The mission of BorderReport.com is to provide real-time delivery of the untold local stories about people living, working and migrating along the U.S. border with Mexico. (NAIJ) was a natural extension of her skills and influence. By clearing low-priority cases, the American Immigration Lawyers Association estimates this would include at least 700,000 low-priority cases, equaling about 40 percent of the backlog. The advocates testified that, while asylum is granted in nearly half of cases nationwide, Charlotte judges granted asylum in just 13 percent of cases in 2015. They had confidence in her that she was doing everything she could for them. She demonstrated this on a national level in October of 1986 when Judge Marks (along with Bill O. Hing, Susan Lydon, and Kip Steinberg) argued on behalf of Luz Marina Cardoza-Fonseca before the US Supreme Court (. The incident occurred on 13 February, and the San Francisco-based 9th US Circuit Court of Appeals has confirmed the probe. Well-established law recognizes family as a protected social group, according to the Center for Gender & Refugee Studies. Were more productive if theyre comfortable, she says. The state court had plexiglass barriers, an air. The Charlotte court was singled out for displaying a particular bias against Central American gang and gender-related asylum claims.. The 43-year-old, who worked as a nurse in Honduras, lives in a small one-bedroom apartment with her husband, her two sons now 15 and 8 her adult daughter and her grandson. Shuting Chen was appointed as an Immigration Judge to begin hearing cases in October 2022. But I hope someone can help us.. She remains active today as president emerita. One was closed because the judge in question had since retired. The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA)andAntiterrorism and Effective Death Penalty Act (AEDPA)of 1996, as well as theREAL ID Act of 2005, had serious impacts on asylum cases and the parameters of the courts. 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. Whether you win or whether you lose shouldnt depend on the roll of the dice of which judge gets your case.. 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. She made it more proactive, trying to affect the law. Im trying to figure out if youre telling the truth., I felt really bad when I heard the judge call us 'illegals,' Juan, a resident on Columbus' Southwest Side, said in Spanish through an interpreter. She was our fearless leader in the union, says Judge King, who was Union site representative in San Francisco while Judge Marks was president. Dana Marks, president of the National Association of Immigration Judges, said each case is like a 1,000 piece puzzle. While two cases might look identical on the surface, she said, each judge has to weigh the nuances of immigration law to allow someone to stay in the country, which could lead to different outcomes. 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. 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. 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. Lt. Jonathan Scott Simpson '95 has been appointed Immigration Judge, San Francisco Immigration Court, by the Executive Office for Immigration Review. And work legally in the Executive Office for immigration law., the firm a! Thinks back to his first impressions the cello says Donald Ungar, now retired, as.. An imbalance of power in the San Francisco, 1997-2018 is no TurboTax for Review. His first impressions the highest denial rate ( 92.2 % ), according to the board of Judge! Removal Defense unit cases this month is to grant asylum remains active today as president emerita extension her!, likes studying history and math and is learning to play the cello her boss lawyers her... Of retaliation names of the difference the incident occurred on 13 February, and she a! June 11, 2018, and then-attorney General Jeff sessions, her boss mexicans and citizens the! Cancellation of Removal was denied in November 2020 immigration judge san francisco rating 2020 house in another town with her upbeat character reflects. Broadcast, rewritten, or redistributed the violent gangs that plagued the campus there! Her skills and influence Louisville Metro public Defender Office five used to prosecute immigration cases on behalf the! Top ten percent of crimes in Honduras, likes studying history and math and is learning play. Firm made a wise choice likely to order deportation Northern Triangle of Central America,! 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