U.S. Department of Justice Executive Ofrice Tor Irnrr~igrationReview Ofice of tlzc Director -- -- .--..A 3/07 Lec.rl,~!,gPikc: Suite 2600 FO//,Y C'/,!,,r/l, ! l i r ~ / o i 22041 t~ Dircclor May 18,2018 MEMORANDUM FOR THE ATTORNEY GENERAL THROUGH: THE DEPUTY ATTORNEY GENERAL 113r b.CI:lB Y ,#_&r $(?.,u\ FROM: James R. McHemy 111 Director SUBJECT: Permanent Appointment of Vance H. Spath as an Immigration Judge in the Arlington Immigration Court PURPOSE: To refer to the Attorney General for his consideration the paperwork to permanently appoint Vance H. Spath as an immigration judge. TIMETABLE: At the Attorney General's earliest convenience. DISCUSSION: On September 23,2016, then Attorney General Loretta E. Lynch tentatively selected Vance H. Spath to serve as an immigration judge. On March 20,2017, Attorney General Session signed an order temporarily appointing Mr. Spath as an immigration judge position, not to exceed 14 moilths, pending a background investigati0n.l Mr. Spath's backmound investigation has now been completed and aijudicated, &d there is noderogatory informalion that would prcclude him from bcing permanently appointed to this position. d 1 The signedlapproved Temporary Appointment memolorder (see WF 3796084) stated, By the authority vested in me as the Attorney General by 8 U.S.C. g: 1103(g)(l), I hereby appoint Vance H. Spnth as an Immigration Judge, defined in 8 U.S.C. 5 1101(b)(4), for a per~odnot to exceed I4 months. This order shall be effective on the first day of the pay period in which the oath of office is taken. Subsequent to that memo, however, Mr. Spat11 did not cnter on duty due to a lengthy military commitment to which he was assigned while waiting for his Executive Office for l~n~nigration Review paperwork. The milita~ycommitment will be complete this month and, now that the background investigation is con~plete,we reco~n~nend Mr. Spat11 enter on duty with a permanent appointment. - Memorandum for the Attorney General Subject: Permanent Appointment of Vance H. Spath as an Immigration Judge Page 2 Mr. Spath is an excellent candidate for an immigration judge position. Mr. Spath has significant experience presiding over trials, and is, to quote one of his interviewers, "a seasoned advocate in complex areas of law" and a "seasoned judge who has a plethora of judicial experience." Although Mr. Spath does not have significant immigration experience, he has presided over cases involving many complex issues, including areas of international law and procedure, highly sensitive and emotional issues such as proceedings involving sexual assault or violent crimes, as well as complex Fourth and Fifth Amendment Constitutional cases. Mr. Spath is a chief trial judge with the United States Air Force, Joint Base Andrews, Maryland. Mr. Spath has served in this position since April 2014. While chief trial judge, Mr. Spath was responsible for the operation of the Air Force Trial Judiciary, including its 26 trial judges. Hc served as the Air Force's senior jurist for tribunals and criminal trials worldwide, and was vested with independent authority to issue final, binding decisions on criminal, evidentiary, and procedural issues. Mr. Spath managed an annual criminal court docket of more than 500 federalhriminal trials, and presided over morc than 30 felony federal criminal trials each year, to include capital litigation. Prior to serving as the chief trial judge, Mr. Spath served as director of training and readiness from July 2013 to April 2014, and from July 2012 to July 2013, he served as staffjudge advocate. Mr. Spath has served in the United States Air Force since 1993 and has held a variety of other positions. He served as a chief regional military judge in the Pacific Judicial Region, Kadena Air Base, Japan, from July 2010 to July 2012, a regional military judge in the Western Judicial Region, Travis Air Force Base, California, from July 2009 to July 2010, a staff judge advocate, F.E. Warren Air Force Base, Wyoming, from July 2006 to July 2009, a chief circuit trial counsel in the Eastern Judicial Region, Bolling Air Force Base, Washington, D.C. from July 2004 to July 2006, a deputy staff judge advocate and prosecutor, Shriever Air Force Base, Colorado, from July 2001 to July 2004, a contract trial attorney, Wright-Patterson Air Force Base, Ohio, from July 1998 to July 2000, a circuit trial counsel/prosecutor, in the Central Judicial Region, Randolph Air Force Base, Texas, from July 1995 to July 1998, and at1area defense counsel, Ramstein Air Force Base, Germany, from April 1994 to July 1995. Memorandum for the Attorney General Subject: Permanent Appointment of Vance H. Spath as a11Immigration Judge Page 3 Mr. Spath holds a Bachelor of Arts degree from Virginia Wesleyan College, Norfolk, Virginia, and a J.D. fkom Quinnipiac University, Hamden, Connecticut. Until one year from the date of his entry on duty. Mr. Spath will he subject to removal from his newly-appointed position, without regard to many of the procedural requirements and appeaI procedures specified in 5 U.S.C. Chapters 43 and 75 and 5 C.F.R. Parts 432 and 752, if he has performance problems or engages in nlisconduct. Mr. Spath's selection for this immigration judge position was made in accordance with the immigration judge hiring procedures approved on April 2,2007. An Attorney General Order, permanently appointing Mr. Vance H Spath as an immigration judge, is attached hereto for signature. RECOMMENDATION: That the Attorney General sign the attached order. Concurring components: te: June 6 , 2 0 1 8 DISAPPROVE: OLC Nonconcurrine components: None OTI-IER: Attachment 7 6677 //9 ORDERNO. 4188-2018 APPOlNTING VANCE M.SPATH AS AN IMMIGRATION JUDGE By the authority vested in rile as the Attorney General by 8 U.S.C. ยง 1103(g)(l), I hereby appoint Vance 11. Spath as an Immigration Judge, defined in 8 U.S.C. Q: 1101(b)(4). This order shall be effective on the first day of the pay period in which the oath of office is taken.