Judge Terry A. Bain
FY 2007 - 2012, New York Immigration Court
Judge Bain was appointed as an Immigration Judge in February 1994. She received a Bachelor
of Arts degree in 1973 from George Washington University, and a Juris Doctorate from
Brooklyn Law School in 1980. From 1986 to 1994, she worked as an attorney for Whitman,
Breed, Abbott & Morgan in New York. Judge Bain also worked in private practice with Barst
& Mukamal in New York from 1981 to 1986. She is a member of the New York Bar.
Deciding Asylum Cases
Figure 1: Percent of Asylum Matters Denied
Detailed data on Judge Bain decisions were examined for the period covering
fiscal years 2007 through 2012 During this period, Judge
Bain is recorded as deciding 2042 asylum claims on their merits. Of these,
she granted 1923, gave no conditional grants, and denied 106.
Converted to percentage terms, Bain denied 5.2 percent and granted (including
conditional grants) 94.8 percent. Figure 1 provides a comparison of Judge Bain's
denial rate fiscal year-by-year over this recent period.
Compared to Judge Bain's denial rate of 5.2 percent, nationally
during this same period, immigration court judges denied 50.6 percent
of asylum claims. In the New York Immigration Court where Judge Bain
was based, judges there denied asylum 23.6 percent of the time. See Figure 2.
Figure 2: Comparing Denial Rates (percents)
Judge Bain can also be ranked compared to each of the 273 individual immigration judges
serving during this period who rendered at least one hundred decisions in a city's immigration court. If judges were ranked
from 1 to 273 - where 1 represented the highest denial percent and 273
represented the lowest - Judge Bain here receives a rank of 273. That is 272
judges denied asylum at higher rates, and 0 denied asylum at the same
rate or less often. Ranks are tallied separately for each immigration court. Should a judge serve on more than one court
during this period, separate ranks would be assigned in any court that the judge rendered at least 100 asylum decisions in.
Why Do Denial Rates Vary Among Judges?
Denial rates reflect in part the differing composition of cases assigned to
different immigration judges. For example, being represented in court and the nationality
of the asylum seeker appear to often impact decision outcome. Decisions also appear to
reflect in part the personal perspective that the judge brings to the bench.
Figure 3: Asylum Seeker Had Representation
If an asylum seeker is not represented by an
attorney, almost all (87%) of them are denied asylum. In contrast, a
significantly higher proportion of represented asylum seekers are successful.
In the case of Judge Bain, 3% were not
represented by an attorney. See Figure 3. For the nation as a whole,
about 12.4% of asylum seekers are not represented.
Asylum seekers are a
diverse group. Over one hundred different nationalities had at least one hundred
individuals claiming asylum decided during this period. As might be expected,
immigration courts located in different parts of the country tend to have
proportionately larger shares from some countries than from others. And, given
the required legal grounds for a successful asylum claim, asylum seekers
from some nations tend to be more successful than others.
Figure 4: Asylum Decisions by Nationality
For Judge Bain, the largest group of asylum seekers appearing before her came
from China. Individuals from this nation made up 63.7 % of her caseload.
Other nationalities in descending order of frequency appearing before Judge Bain were:
Guinea (2.9 %), Albania (2.8%), Soviet Union (2.6%), Yugoslavia (2.1%).
See Figure 4.
In the nation as a whole during this same period, major nationalities of asylum
seekers, in descending order of frequency, were China (25.9%), El Salvador (6.5%), Haiti (6.3%), Guatemala (5.6%), Colombia (4.0%), Mexico (3.2%), India (2.5%), Ethiopia (2.3%), Indonesia (2.2%), Venezuela (2.2%), Honduras (2.2%), Albania (1.5%), Nepal (1.5%).