Full Breakdown
California Immigration Judge Sues DOJ Over Alleged Discriminatory Termination
5/8/2026, 12:00:52 AM
Alleged Discriminatory Dismissal of Judge Kyra Lilien
Immigration Judge Kyra Lilien filed a complaint in the U.S. District Court for the Northern District of California on May 1, alleging the Department of Justice terminated her probationary appointment because she is a Democrat, a woman over 40, fluent in Spanish, and previously worked with immigrant-rights groups. The suit says the termination violated her First Amendment rights.
Background and DOJ Probationary Policy
Immigration judges serve a two-year probationary period before conversion to permanent status; the DOJ has dismissed many judges during this period, citing a December 2025 memo that described a goal to eliminate judges deemed to have “systemic bias.”
Key Figures
Key parties are Judge Kyra Lilien; Acting Attorney General Todd Blanche; Sirce Owen, acting EOIR director; Kevin Owen of Gilbert Employment Law; and the Department of Justice.
Timeline
July 23 2023: Appointed to San Francisco court; Feb 2024: Transferred to Concord; July 11 2025: Received email ending probation; May 1 2025: Filed lawsuit as San Francisco court closed.
Performance Data
Lilien received the highest “satisfactory” rating for fiscal years 2024-2025 and a 96 % on-time motion rate. TRAC data show she denied 34 % of asylum cases and granted about 66 %. The suit cites nearly 30 other judges dismissed or not converted, including 14 from Concord and San Francisco courts, described as “overwhelmingly female” with only four white male judges kept. The National Association of Immigration Judges reports at least 107 judges dismissed nationwide since January 2025.
Official Statements
EOIR declined comment on litigation-related matters. A December 2025 DOJ email said the agency’s mission is to “restore integrity to our immigration system” and “protect national security and public safety,” framing dismissals as corrective.
Criticism
Attorney Kevin Owen called the DOJ’s actions “impermissible and unlawful” and said Lilien “didn’t fit their mold.” The suit notes judges with purely prosecutorial backgrounds were not dismissed, indicating selective enforcement. Judges in Los Angeles, Chicago and Cleveland have filed similar suits, and four more are reportedly preparing actions.
Conflicting Reports
Sources agree about roughly 107 dismissals but give no detailed criteria or timing, leaving a gap in public understanding.
Verbatim Quotes
- “She didn't fit their mold,” — Kevin Owen, attorney
- “And what they did to her was impermissible and unlawful.” — Kevin Owen
- “extremist leftist organizations” — Sirce Owen, EOIR director
- “ "Together, the memoranda laid bare management's hostility to hiring individuals with immigrants' rights backgrounds, women, ethnic minorities, and others who may be considered ‘DEI’ hires," her suit states.” — Kyra Lilien, lawsuit
Potential Implications
The case may prompt judicial review of DOJ probationary conversion practices and could spur additional judges to sue, expanding scrutiny of immigration-court staffing.
