Judge Aviva L. Poczter

FY 2018 - 2023, New York Immigration Court

Published Oct 19, 2023

Attorney General Eric Holder appointed Judge Poczter in December 2010. Judge Poczter received a bachelor of arts degree in 1996 from McGill University, Montreal, Quebec, Canada and a juris doctorate degree in 1999 from American University, Washington College of Law. From 2002 to December 2010, she worked for the Department of Justice (DOJ), Office of Immigration Litigation, as a trial attorney from 2002 to 2005, and as a senior litigation counsel from 2005 to December 2010. From 2000 to 2002, she served as an attorney advisor for the DOJ, Executive Office for Immigration Review (EOIR), Board of Immigration Appeals. From 1999 to 2000, she was a judicial law clerk for EOIR's Boston Immigration Court. Judge Poczter is a member of the State Bar of Massachusetts and the New York State Bar.

Deciding Asylum Cases

Detailed data on decisions by Judge Poczter were examined for the period covering fiscal years 2018 through 2023. During this period, court records show that Judge Poczter decided 1332 asylum claims on their merits. Of these, she granted asylum for 707, granted 10 other types of relief, and denied relief to 615. Converted to percentage terms, Poczter denied 46.2 percent and granted 53.9 percent of asylum cases (including forms of relief other than asylum).

Figure 1 provides a comparison of Judge Poczter'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 Poczter's denial rate of 46.2 percent, Immigration Court judges across the country denied 60.6 percent of asylum claims during this same period. Judges at the New York Immigration Court where Judge Poczter decided these cases denied asylum 34.4 percent of the time. See Figure 2.

Judge Poczter'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 (80%) are denied asylum. In contrast, a significantly higher proportion of represented asylum seekers are successful. In the case of Judge Poczter, 1.9% were not represented by an attorney. See Figure 3. For the nation as a whole, about 15.7% 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 Poczter came from China. Individuals from this country made up 26.8% of her caseload. Other nationalities in descending order of frequency appearing before Judge Poczter were: El Salvador (18.2%), India (12.9%), Honduras (8.1%), Ecuador (6.2%). 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 (16.6%), Guatemala (15.1%), Honduras (13.8%), Mexico (9.2%), China (6.8%), India (5.1%), Venezuela (3.2%), Ecuador (3.1%), Cuba (2.4%), Nicaragua (2.3%), Brazil (2.0%), Colombia (1.4%), Cameroon (1.4%).