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Disparities in Asylum Adjudication in the United States

Disparities in Asylum Adjudication in the United States. Jaya Ramji-Nogales, Temple University Beasley School of Law Research conducted with Andrew I. Schoenholtz and Philip G. Schrag, Georgetown University Law Center. Affirmative Asylum Applications. The Databases. Overview of Disparities.

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Disparities in Asylum Adjudication in the United States

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  1. Disparities in Asylum Adjudication in the United States Jaya Ramji-Nogales, Temple University Beasley School of Law Research conducted with Andrew I. Schoenholtz and Philip G. Schrag, Georgetown University Law Center

  2. Affirmative Asylum Applications

  3. The Databases

  4. Overview of Disparities

  5. Regional Asylum Offices

  6. Grant rates by regional asylum office

  7. Grant rates by Regional Office and Human Rights Conditions (all countries on the left; all countries except China on the right)

  8. Variations in Grant Rates of Officers, by Regional Office

  9. China

  10. Grant rates for Chinese claims at the New York regional asylum office

  11. Grant rates for Chinese claims at the Newark regional asylum office

  12. Grant rates for Chinese claims at the Los Angeles regional asylum office

  13. Afghanistan and Iraq

  14. The Immigration Courts

  15. Albania Armenia Cameroon China Colombia Ethiopia Guinea Haiti India Liberia Mauritania Pakistan Russia Togo Venezuela The 15 Strong Claim Countries

  16. Albanian Cases: New York Immigration Court Grant Rates, Judges with at least 50 Albanian Cases 2000-2004 (2173 cases)

  17. Colombian Cases: Miami Immigration Court Grant Rates, Judges with at least 50 Colombian Cases 2000-2004 (8214 cases)

  18. The Board of Immigration Appeals

  19. BIA Rate of Decisions in Favor of Asylum Seekers, Represented and Unrepresented

  20. BIA Decisions Favorable to Asylum Seekers by Strong Claim CountryChange from FY 2001 to FY 2002

  21. The U.S. Courts of Appeals

  22. Rate of Votes to Remand in Asylum Cases, Third Circuit Judges2004-05 (N=784 votes cast)

  23. 3d Circuit Remand Vote Rates by Political Party of Appointing President

  24. Rate of Votes to Remand in Asylum Cases, Sixth Circuit Judges2004-05 (N=385 votes cast)

  25. 6th Circuit Remand Vote Rates by Political Party of Appointing President

  26. Remand Rates by Circuits (4215 asylum appeals, 2004-05)

  27. Remand Rates by Circuit, Cases from Strong Claim Countries(2361 cases, 2004-05)

  28. Possible Causes of Disparities

  29. Asylum office grant rates by representation over time

  30. Immigration court grant rates by representation

  31. Asylum office grant rates: officer education and applicant representation

  32. Asylum office grant rate by age and mode of entry Applicants from Latin America and the Caribbean All other applicants

  33. Asylum office grant rates by status at entry, dependents, gender and representation

  34. Immigration court grant rates by gender

  35. Proposals for Reform

  36. Comprehensive Immigration Reform Act of 2013 • Repeal the one-year filing deadline • Add 225 more immigration judges • Give every immigration judge a law clerk • Improved training for immigration judges • Appointed counsel in immigration proceedings: • Required for unaccompanied minors and people with mental disabilities • At DOJ’s discretion in other cases • BIA required to issue written opinions • Legal orientation programs for detained

  37. Other routes to professionalization: • Turn the immigration courts and BIA into an Article I court • Institute rigorous hiring standards • Law degree requirement for asylum officers • Immigration law background for immigration judges • Restore a normal review role to federal courts • Allow more time to make decisions • Increase opportunities for interaction among adjudicators • Expose adjudicators to data such as this study • Keep additional statistics

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