Judge Rosalind K. Malloy

FY 2012 - 2017, Philadelphia Immigration Court

Judge Malloy was appointed as an Immigration Judge in December 1998. Prior to her appointment to the Immigration Court in Philadelphia, Judge Malloy served as an Immigration Judge at the Immigration Court in Los Angeles from December 1998 to December 2001. She received a Bachelor of Arts degree in 1964 from Hunter College, City University of New York; a Master of Arts degree in 1971 and a Masters of Education degree in 1975, both from Teachers College, Columbia University ; and a Juris Doctorate in 1979 from Rutgers University. Judge Malloy was an assistant district counsel with the former Immigration and Naturalization Service in New York from 1995 to 1998. From 1993 to 1994, she served as a hearing officer with the Georgia Department of Corrections in Atlanta, Georgia. Judge Malloy was in private practice in Atlanta from 1990 to 1993. She worked as an assistant district attorney in New York from 1984 to 1989. Previously, Judge Malloy served as a teacher/guidance counselor with the New York City Board of Education, John F. Kennedy High School, Bronx, New York, and as a volunteer in Nigeria. Judge Malloy is a member of both the New York and Georgia Bars.

Deciding Asylum Cases

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Figure 1: Percent of Asylum Matters Denied

Detailed data on Judge Malloy decisions were examined for the period covering fiscal years 2012 through 2017. During this period, Judge Malloy is recorded as deciding 270 asylum claims on their merits. Of these, she granted 187, gave no conditional grants, and denied 83. Converted to percentage terms, Malloy denied 30.7 percent and granted (including conditional grants) 69.3 percent. Figure 1 provides a comparison of Judge Malloy's denial rate fiscal year-by-year over this recent period.

Nationwide Comparisons

Compared to Judge Malloy's denial rate of 30.7 percent, nationally during this same period, immigration court judges denied 52.8 percent of asylum claims. In the Philadelphia Immigration Court where Judge Malloy was based, judges there denied asylum 37.4 percent of the time. See Figure 2.

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Figure 2: Comparing Denial Rates (percents)

Judge Malloy can also be ranked compared to each of the 293 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 293 - where 1 represented the highest denial percent and 293 represented the lowest - Judge Malloy here receives a rank of 234. That is 233 judges denied asylum at higher rates, and 59 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.

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Figure 3: Asylum Seeker Had Representation
Representation

If an asylum seeker is not represented by an attorney, almost all (91%) of them are denied asylum. In contrast, a significantly higher proportion of represented asylum seekers are successful. In the case of Judge Malloy, 5.9% were not represented by an attorney. See Figure 3. For the nation as a whole, about 20.2% of asylum seekers are not represented.

Nationality

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.

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Figure 4: Asylum Decisions by Nationality

For Judge Malloy, the largest group of asylum seekers appearing before her came from China. Individuals from this nation made up 14.8 % of her caseload. Other nationalities in descending order of frequency appearing before Judge Malloy were: Guatemala (9.3 %), Indonesia (6.7%), Honduras (4.4%), Pakistan (4.4%). 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 (23.4%), El Salvador (11.7%), Mexico (11.0%), Honduras (8.3%), Guatemala (8.2%), India (2.9%), Nepal (2.0%), Haiti (2.0%), Ethiopia (1.7%), Somalia (1.4%), Eritrea (1.4%), Egypt (1.2%), Cameroon (1.0%).

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