Judge Ramin Rastegar

FY 2018 - 2023, Newark Immigration Court

Published Oct 19, 2023

Attorney General Loretta E. Lynch appointed Judge Rastegar to begin hearing cases in January 2016. Judge Rastegar received a Bachelor of Science in 1991 from George Mason University and a Juris Doctor in 1995 from New York Law School. From 2000 through 2015, Judge Rastegar served as assistant chief counsel in the Office of the Chief Counsel, U.S. Immigration and Customs Enforcement, Department of Homeland Security, in New York, N.Y. From 1997 through 2000, Judge Rastegar served as an associate at Barst and Mukamal LLP, in New York, N.Y., and from 1996 through 1997, as an associate in the Law Offices of Ronald Salomon, in New York, N.Y. Judge Rastegar is a member of the Connecticut and New York Bars.

Deciding Asylum Cases

Detailed data on decisions by Judge Rastegar were examined for the period covering fiscal years 2018 through 2023. During this period, court records show that Judge Rastegar decided 189 asylum claims on their merits. Of these, he granted asylum for 95, granted 10 other types of relief, and denied relief to 84. Converted to percentage terms, Rastegar denied 44.4 percent and granted 55.6 percent of asylum cases (including forms of relief other than asylum).

Figure 1 provides a comparison of Judge Rastegar'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 Rastegar's denial rate of 44.4 percent, Immigration Court judges across the country denied 60.6 percent of asylum claims during this same period. Judges at the Newark Immigration Court where Judge Rastegar decided these cases denied asylum 62.9 percent of the time. See Figure 2.

Judge Rastegar'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 Rastegar, 10.6% 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 Rastegar came from El Salvador. Individuals from this country made up 15.3% of his caseload. Other nationalities in descending order of frequency appearing before Judge Rastegar were: Ecuador (9.5%), Guatemala (9.5%), Egypt (8.5%), Nigeria (6.9%). 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%).