Published Oct 26, 2022
Then-Acting Attorney General Matthew Whitaker appointed Walter L. "Bud" Paulissen to beginhearing cases in March of 2019. Judge Paulissen earned a Bachelor of Business Administrationin 1977 from the University of Texas at Austin and a Juris Doctor in 1980 from the University ofTexas School of Law. From 2013 to 2019, he served as an assistant U.S. attorney in the WesternDistrict of Texas. From 2000 to 2013, he was the chief of Major Crimes in that office. From1990 to 2000, he served as an assistant U.S. attorney in San Antonio and Houston, Texas. From1980 to 1990, he was in corporate and private law practice in Houston. Judge Paulissen is amember of the State Bar of Texas.
Detailed data on decisions by Judge Paulissen were examined for the period covering fiscal years 2017 through 2022. During this period, court records show that Judge Paulissen decided 222 asylum claims on their merits. Of these, he granted asylum for 43, granted 18 other types of relief, and denied relief to 161. Converted to percentage terms, Paulissen denied 72.5 percent and granted 27.5 percent of asylum cases (including forms of relief other than asylum).
Figure 1 provides a comparison of Judge Paulissen's denial rate each fiscal year over this recent period. (Rates for years with less than 25 decisions are not shown.)
Compared to Judge Paulissen's denial rate of 72.5 percent, Immigration Court judges across the country denied 63.8 percent of asylum claims during this same period. Judges at the Pearsall Immigration Court where Judge Paulissen decided these cases denied asylum 73.9 percent of the time. See Figure 2.
Judge Paulissen'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 Paulissen, 57.7% 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 Paulissen came from Cuba. Individuals from this country made up 22.5% of his caseload. Other nationalities in descending order of frequency appearing before Judge Paulissen were: Honduras (19.4%), El Salvador (8.1%), Guatemala (7.2%), Mexico (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%).