Published Oct 26, 2022
Attorney General Eric Holder appointed Judge Trujillo in October 2010. Judge Trujillo received a bachelor of arts degree in 1986 from Harvard College and a juris doctorate in 1990 from the University of California, Berkeley School of Law. From 2006 to August 2010, she was in private practice in Denver, Colo. From 2001 to 2006, Judge Trujillo served as an assistant chief counsel, Office of the Chief Counsel, Department of Homeland Security, Immigration and Customs Enforcement, Denver. From 1996 to 2001, she worked as a trial attorney for the former Immigration and Naturalization Service, Office of the District Counsel, San Francisco, Calif. From 1990 to 1995, she was an associate attorney in two private law firms in San Francisco. Judge Trujillo is a member of the State Bar of California.
Detailed data on decisions by Judge Trujillo were examined for the period covering fiscal years 2017 through 2022. During this period, court records show that Judge Trujillo decided 439 asylum claims on their merits. Of these, she granted asylum for 172, granted 4 other types of relief, and denied relief to 263. Converted to percentage terms, Trujillo denied 59.9 percent and granted 40.1 percent of asylum cases (including forms of relief other than asylum).
Figure 1 provides a comparison of Judge Trujillo's denial rate each fiscal year over this recent period. (Rates for years with less than 25 decisions are not shown.)
Compared to Judge Trujillo's denial rate of 59.9 percent, Immigration Court judges across the country denied 63.8 percent of asylum claims during this same period. Judges at the Denver Immigration Court where Judge Trujillo decided these cases denied asylum 70 percent of the time. See Figure 2.
Judge Trujillo's asylum grant and denial rates are compared with other judges serving on the same court in this table. Note that when an Immigration Judge serves on more than one court during the same period, separate Immigration Judge reports are created for any Court in which the judge rendered at least 100 asylum decisions.
Although denial rates are shaped by each Judge's judicial philosophy, denial rates are also shaped by other factors, such as the types of cases on the Judge's docket, the detained status of immigrant respondents, current immigration policies, and other factors beyond an individual Judge's control. For example, TRAC has previously found that legal representation and the nationality of the asylum seeker are just two factors that appear to impact asylum decision outcomes.
The composition of cases may differ significantly between Immigration Courts in the country. Within a single Court when cases are randomly assigned to judges sitting on that Court, each Judge should have roughly a similar composition of cases given a sufficient number of asylum cases. Then variations in asylum decisions among Judges on the same Immigration Court would appear to reflect, at least in part, the judicial philosophy that the Judge brings to the bench. However, if judges within a Court are assigned to specialized dockets or hearing locations, then case compositions are likely to continue to differ and can contribute to differences in asylum denial rates.
When asylum seekers are not represented by an attorney, almost all of them (83%) are denied asylum. In contrast, a significantly higher proportion of represented asylum seekers are successful. In the case of Judge Trujillo, 20.7% were not represented by an attorney. See Figure 3. For the nation as a whole, about 16.7% 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.
The largest group of asylum seekers appearing before Judge Trujillo came from El Salvador. Individuals from this country made up 32.1% of her caseload. Other nationalities in descending order of frequency appearing before Judge Trujillo were: Honduras (19.6%), Guatemala (17.3%), Mexico (15.0%), Venezuela (2.3%). See Figure 4.
In the nation as a whole during this same period, major nationalities of asylum seekers, in descending order of frequency, were El Salvador (18.2%), Guatemala (16.0%), Honduras (14.6%), Mexico (10.5%), China (7.5%), India (4.5%), Cuba (2.5%), Venezuela (2.1%), Ecuador (2.1%), Nicaragua (1.9%), Haiti (1.7%), Cameroon (1.5%), Nepal (1.2%).