Judge Patrick M. McKenna

FY 2017 - 2022, Chicago Immigration Court

Published Oct 26, 2022

Attorney General Jeff Sessions appointed Patrick M. McKenna to begin hearing cases in August2018. Judge McKenna earned a Bachelor of Arts degree in 1998 from DePauw University and aJuris Doctor in 2001 from University of Notre Dame Law School. From 2006 to 2018, he wasassistant chief counsel and associate legal advisor for Immigration and Customs Enforcement,Department of Homeland Security, in Chicago and Washington, D.C. From 2002 to 2006, hewas assistant state’s attorney for the Will County State’s Attorney in Joliet, Ill. From 2001 to2002, he was an associate with Eichorn and Eichorn in Hammond, Ind. Judge McKenna is amember of the Illinois and Indiana State Bars.

Deciding Asylum Cases

Detailed data on decisions by Judge McKenna were examined for the period covering fiscal years 2017 through 2022. During this period, court records show that Judge McKenna decided 590 asylum claims on their merits. Of these, he granted asylum for 280, granted 0 other types of relief, and denied relief to 310. Converted to percentage terms, McKenna denied 52.5 percent and granted 47.5 percent of asylum cases (including forms of relief other than asylum).

Figure 1 provides a comparison of Judge McKenna'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 McKenna's denial rate of 52.5 percent, Immigration Court judges across the country denied 63.8 percent of asylum claims during this same period. Judges at the Chicago Immigration Court where Judge McKenna decided these cases denied asylum 49.1 percent of the time. See Figure 2.

Judge McKenna'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 McKenna, 2.9% 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 McKenna came from Guatemala. Individuals from this country made up 23.9% of his caseload. Other nationalities in descending order of frequency appearing before Judge McKenna were: Mexico (20.7%), Honduras (15.1%), Nicaragua (8.8%), El Salvador (7.8%). 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%).