Judge Timothy M. Cole

FY 2017 - 2022, Miami Immigration Court

Published Oct 26, 2022

Attorney General Loretta E. Lynch appointed Timothy M. Cole to begin hearing cases in September 2016. Judge Cole earned both a Bachelor of Arts degree and a Bachelor of Business Administration degree in 2002 from the University of Texas at Austin, and a Juris Doctor in 2007 from the George Mason University School of Law. From April 2014 to September 2016, and previously from 2008 through 2012, he served as an assistant chief counsel for the Office of the Chief Counsel, Immigration and Customs Enforcement, Department of Homeland Security, in Miami. From 2012 through 2014, he served as a special assistant U.S. attorney for the U.S. Attorney’s Office, Southern District of Florida, Department of Justice (DOJ). From 2007 through 2008, he served as a judicial law clerk for the Miami Immigration Court, Executive Office for Immigration Review, DOJ. From 2003 through 2004, he was a volunteer for the AmeriCorps National Civilian Community Corps. Judge Cole is a member of the Virginia State Bar.

Deciding Asylum Cases

Detailed data on decisions by Judge Cole were examined for the period covering fiscal years 2017 through 2022. During this period, court records show that Judge Cole decided 709 asylum claims on their merits. Of these, he granted asylum for 123, granted 30 other types of relief, and denied relief to 556. Converted to percentage terms, Cole denied 78.4 percent and granted 21.5 percent of asylum cases (including forms of relief other than asylum).

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

Nationwide Comparisons

Compared to Judge Cole's denial rate of 78.4 percent, Immigration Court judges across the country denied 63.8 percent of asylum claims during this same period. Judges at the Miami Immigration Court where Judge Cole decided these cases denied asylum 86.4 percent of the time. See Figure 2.

Judge Cole'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.

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 Cole, 13.5% were not represented by an attorney. See Figure 3. For the nation as a whole, about 16.7% 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.

The largest group of asylum seekers appearing before Judge Cole came from Honduras. Individuals from this country made up 22.4% of his caseload. Other nationalities in descending order of frequency appearing before Judge Cole were: Guatemala (21.3%), Haiti (15.0%), Venezuela (6.5%), Nicaragua (6.3%). 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%).