Judge Bao Q. Nguyen

FY 2017 - 2022, Houston Immigration Court

Published Oct 26, 2022

Attorney General William Bar appointed Bao Q. Nguyen to begin hearing cases in October 2019.Judge Nguyen earned a Bachelor of Science in 2001 from the University of Maryland, CollegePark, and a Juris Doctor in 2005 from Temple University School of Law. From 2016 to 2019, heserved as an assistant chief counsel, Office of the Principal Legal Advisor, Immigration andCustoms Enforcement, Department of Homeland Security, in San Antonio and Pearsall, Texas.From 2013 to 2016, he was an attorney for Margaret W. Wong & Associates, in Cleveland. From2007 to 2013, he was an attorney for Reza Athari & Associates, in Las Vegas and Salt Lake City.In 2006, he was an attorney for Law Offices of Tahir Mella, in Philadelphia. Judge Nguyen is amember of the Pennsylvania State Bar.

Deciding Asylum Cases

Detailed data on decisions by Judge Nguyen were examined for the period covering fiscal years 2017 through 2022. During this period, court records show that Judge Nguyen decided 290 asylum claims on their merits. Of these, he granted asylum for 53, granted 6 other types of relief, and denied relief to 231. Converted to percentage terms, Nguyen denied 79.7 percent and granted 20.4 percent of asylum cases (including forms of relief other than asylum).

Figure 1 provides a comparison of Judge Nguyen'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 Nguyen's denial rate of 79.7 percent, Immigration Court judges across the country denied 63.8 percent of asylum claims during this same period. Judges at the Houston Immigration Court where Judge Nguyen decided these cases denied asylum 90.9 percent of the time. See Figure 2.

Judge Nguyen'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 Nguyen, 29% 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 Nguyen came from Honduras. Individuals from this country made up 44.5% of his caseload. Other nationalities in descending order of frequency appearing before Judge Nguyen were: El Salvador (21.4%), Guatemala (19.0%), Mexico (4.8%), Nicaragua (4.1%). 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%).