Published Oct 26, 2022
Attorney General Jeff Sessions appointed Todd A. Masters to begin hearing cases in October2018. Judge Masters earned a Bachelor of Science in 1992 from the U.S. Naval Academy, aMaster of Arts degree in 1993 from the University of Maryland at College Park, and a JurisDoctor in 2005 from Boston College Law School. From 2008 to 2018, he served as an assistantchief counsel and deputy chief counsel for the Office of Chief Counsel, Immigration andCustoms Enforcement, Department of Homeland Security, in Boston. From 2005 to 2008, heserved as an assistant district attorney for the Suffolk County District Attorney’s Office, also inBoston. From 1992 to 2002, he served in the U.S. Navy. Judge Masters is a member of theMassachusetts Bar.
Detailed data on decisions by Judge Masters were examined for the period covering fiscal years 2017 through 2022. During this period, court records show that Judge Masters decided 337 asylum claims on their merits. Of these, he granted asylum for 111, granted 7 other types of relief, and denied relief to 219. Converted to percentage terms, Masters denied 65.0 percent and granted 35.0 percent of asylum cases (including forms of relief other than asylum).
Figure 1 provides a comparison of Judge Masters's denial rate each fiscal year over this recent period. (Rates for years with less than 25 decisions are not shown.)
Compared to Judge Masters's denial rate of 65.0 percent, Immigration Court judges across the country denied 63.8 percent of asylum claims during this same period. Judges at the Boston Immigration Court where Judge Masters decided these cases denied asylum 45.5 percent of the time. See Figure 2.
Judge Masters'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 Masters, 10.4% 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 Masters came from El Salvador. Individuals from this country made up 26.4% of his caseload. Other nationalities in descending order of frequency appearing before Judge Masters were: Guatemala (23.1%), Brazil (13.4%), Ecuador (9.8%), Honduras (3.6%). 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%).