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Matthew Kolken on Deportation And Removal

Asylum Outcomes Increasingly Depend on Judge Assigned

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Via Syracuse University's TRAC Immigration:

"The outcome for asylum seekers has become increasingly dependent upon the identity of the immigration judge assigned to hear their case. While judge-to-judge decision disparities have long existed, a detailed comparison of asylum decisions handed down by judges sitting on the same Immigration Court bench showed that differences in judge denial rates have significantly increased during the last six years. Nationally, the average decision disparity in asylum cases worsened by 27 percent.

The median level of asylum decision disparity that asylum seekers face is now over 56 percentage points. That is, the assignment of the judge for the typical asylum seeker could alter the odds of receiving asylum by this magnitude. For example, while the specific ranges differed by court, the typical asylum seeker might have only a 15 percent chance of being granted asylum all the way up to a 71 percent chance depending on the particular judge to whom their case is assigned.


Range in Judge Asylum Denial Rates
in the Ten Immigration Courts with Largest Disparities

During this same period, the court has become increasingly challenged by a rising backlog of cases, along with administrative pressure to expedite proceedings. While the evidence does not establish a definitive link between production pressures and increasing judge-to-judge decision disparities, as discussed further below, other administrative courts facing management pressures to reduce a backlog have brought about increases in decision disparity."

Click here for the entire report.

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Comments

  1. ImmigrationLawBlogs's Avatar
    Be careful what you wish for, Matthew. You think the problem is that too many applications are being denied. Trump and his administration aren't likely to see it that way. They almost certainly will think that too many are being granted. So making a issue of the discrepancy isn't likely to end well.

    Nolan Rappaport
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