Judge Ila C. Deiss

FY 2017 - 2022, San Francisco Immigration Court

Published Oct 26, 2022

Attorney General Loretta E. Lynch appointed Ila C. Deiss to begin hearing cases in February 2017. Judge Deiss earned Bachelor of Arts degrees in 1991 from the University of California at Davis, a Master of Public Administration in 1996 from the New York University Robert F. Wagner Graduate School for Public Service, and a Juris Doctor in 1999 from the City University of New York School of Law. From 2005 to January 2017, she served as an assistant U.S. attorney for the U.S. Attorney’s Office, Northern District of California, Department of Justice (DOJ), in San Francisco. From 2003 through 2005, she served as a staff attorney for the U. S. Court of Appeals for the Ninth Circuit. From 2001 through 2002, she served as a senior court counsel for the Supreme Court of the Republic of Palau. From April 2001 to August 2001, she served as a judicial law clerk for the Honorable Richard M. Berman, U.S. District Court for the Southern District of New York. From 1999 through 2001, she served as a judicial law clerk for the Staff Attorney’s Office, U.S. Court of Appeals for the Second Circuit. Judge Deiss is a member of the Connecticut and New York state bars.

Deciding Asylum Cases

Detailed data on decisions by Judge Deiss were examined for the period covering fiscal years 2017 through 2022. During this period, court records show that Judge Deiss decided 1393 asylum claims on their merits. Of these, she granted asylum for 1241, granted 20 other types of relief, and denied relief to 132. Converted to percentage terms, Deiss denied 9.5 percent and granted 90.5 percent of asylum cases (including forms of relief other than asylum).

Figure 1 provides a comparison of Judge Deiss'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 Deiss's denial rate of 9.5 percent, Immigration Court judges across the country denied 63.8 percent of asylum claims during this same period. Judges at the San Francisco Immigration Court where Judge Deiss decided these cases denied asylum 32.1 percent of the time. See Figure 2.

Judge Deiss'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 Deiss, 3.3% 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 Deiss came from India. Individuals from this country made up 27.9% of her caseload. Other nationalities in descending order of frequency appearing before Judge Deiss were: Guatemala (16.6%), El Salvador (13.6%), Mexico (11.4%), Honduras (4.6%). 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%).