The
U.S. Government Accountability Office
(GAO) recently published the results of a study involving almost 600,000
asylum applications between fiscal years 1995 and 2014 in order to determine
differences in outcomes across immigration courts and judges over time.
The data showed that there were indeed significant variations between
the decisions of courts and judges, as well as the time periods during
which the decisions occurred. For instance, between fiscal years 2008
and 2014, annual grant rates for affirmative asylum applications varied
between 21 to 44 percent. During that same time period, grant rates for
defensive asylum applications varied between 15 to 26 percent. Asylum
grant rates also varied according to the immigration court that handled
the application. For instance, from May 2007 through fiscal year 2014
in the New York immigration court, affirmative asylum grant rates were
66 percent and defensive asylum grant rates were 52 percent. During that
same time period, the asylum grant rates were less than five percent in
the Omaha, Nebraska and Atlanta, Georgia immigration courts. The huge
variation in outcomes between these courts is certainly cause for concern,
and lends legitimacy to the argument that immigration judges have a vast
amount of discretion in determining whether to grant asylum applications
or not. The study also found that various other factors impacted the outcomes
of asylum applications. For example, when immigrants sought asylum with
the help of legal counsel, their grant rates were 3.1 percent higher in
the case of affirmative applications and 1.8 percent higher in the case
of defensive applications. However, significant variations still existed
across immigration courts and judges, whether the applicants had legal
counsel or not. In fact, GAO estimated that the affirmative and defensive
asylum grant rates would vary between 29 and 57 percent, depending upon
the particular immigration court in which the application was considered. At
Landerholm Immigration, A.P.C., we have represented the interests of countless clients who are facing
deportation proceedings, but who wish to remain with their families in
the United States. Fortunately, there are many remedies that may be available
if you are facing deportation charges. We will aggressively investigate
the facts and circumstances surrounding your case, and help you settle
upon the option that is best calculated to allow you and your family to
live where you choose. Contact our experienced deportation defense attorneys
today, and learn how we can help.
Categories:
As of February 2021, we are open again and accepting in-office consultations.
If you want to know more about the Biden's Proposed Immigration Reform, watch our video!