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Judge Silvia R. Arellano
FY 2017 - 2022, Phoenix Immigration Court

Published Oct 26, 2022

Attorney General Eric Holder appointed Judge Arellano in October 2010. Judge Arellano received a bachelor of arts degree in 1974 and a juris doctorate in 1978, both from Arizona State University. From 1990 to October 2010, she served as a judge for the Maricopa County Superior Court, Phoenix, Ariz. From January 1990 to July 1990, Judge Arellano was a special assistant attorney general, State of Arizona, Office of the Attorney General, Phoenix. From 1981 to 1984, she was a chief administrative law judge, Equal Employment Opportunity Commission, Phoenix. From 1978 to 1981, she was in private practice in Phoenix. Judge Arellano is a member of the State Bar of Arizona.

Deciding Asylum Cases

Detailed data on decisions by Judge Arellano were examined for the period covering fiscal years 2017 through 2022. During this period, court records show that Judge Arellano decided 184 asylum claims on their merits. Of these, she granted asylum for 54, granted 2 other types of relief, and denied relief to 128. Converted to percentage terms, Arellano denied 69.6 percent and granted 30.4 percent of asylum cases (including forms of relief other than asylum).

Figure 1 provides a comparison of Judge Arellano's denial rate each fiscal year over this recent period. (Rates for years with less than 25 decisions are not shown.)

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Figure 1: Percent of Asylum Matters Denied

Nationwide Comparisons

Compared to Judge Arellano's denial rate of 69.6 percent, Immigration Court judges across the country denied 63.8 percent of asylum claims during this same period. Judges at the Phoenix Immigration Court where Judge Arellano decided these cases denied asylum 77.6 percent of the time. See Figure 2.

Judge Arellano'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.

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Figure 2: Comparing Denial Rates (percents)

Why Do Denial Rates Vary Among Judges?

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.

Representation

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 Arellano, 22.8% were not represented by an attorney. See Figure 3. For the nation as a whole, about 16.7% of asylum seekers are not represented.

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Figure 3: Asylum Seeker Had Representation

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.

The largest group of asylum seekers appearing before Judge Arellano came from Mexico. Individuals from this country made up 26.6% of her caseload. Other nationalities in descending order of frequency appearing before Judge Arellano were: Guatemala (26.1%), El Salvador (12.5%), Honduras (4.3%), Iraq (4.3%). 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%).

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Figure 4: Asylum Decisions by Nationality
TRAC is a nonpartisan, nonprofit data research center affiliated with the Newhouse School of Public Communications and the Whitman School of Management, both at Syracuse University. For more information, to subscribe, or to donate, contact trac@syr.edu or call 315-443-3563.