Judge Kerri A. Calcador

FY 2018 - 2023, Denver Immigration Court

Published Oct 19, 2023

Attorney General Loretta E. Lynch appointed Kerri A. Calcador to begin hearing cases in October 2016. Judge Calcador earned a Bachelor of Arts degree in 1994 from the University of San Diego and a Juris Doctor in 1997 from the University of San Diego School of Law. From 2007 to October 2016, she served as a senior attorney for the Office of the Chief Counsel, Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS), in San Diego. From 2006 through 2007, she served as a special assistant U.S. attorney for the U.S. Attorney’s Office, Southern District of California, Department of Justice (DOJ), in San Diego. From 2002 to October 2016, and previously from 1997 through 2001, she served as an assistant chief counsel for the Office of the Chief Counsel, ICE, DHS, in Los Angeles and San Diego. From 1999 through 2001, she served as an assistant district counsel for the Office of the District Counsel, former Immigration and Naturalization Service, DOJ, in Los Angeles, during which time she also served as a special assistant U.S. attorney for the U.S. Attorney’s Office, Central District of California, DOJ. Judge Calcador is a member of the State Bar of California.

Deciding Asylum Cases

Detailed data on decisions by Judge Calcador were examined for the period covering fiscal years 2018 through 2023. During this period, court records show that Judge Calcador decided 137 asylum claims on their merits. Of these, she granted asylum for 42, granted 5 other types of relief, and denied relief to 90. Converted to percentage terms, Calcador denied 65.7 percent and granted 34.3 percent of asylum cases (including forms of relief other than asylum).

Figure 1 provides a comparison of Judge Calcador'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 Calcador's denial rate of 65.7 percent, Immigration Court judges across the country denied 60.6 percent of asylum claims during this same period. Judges at the Denver Immigration Court where Judge Calcador decided these cases denied asylum 65 percent of the time. See Figure 2.

Judge Calcador'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 Calcador, 12.4% 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 Calcador came from Colombia. Individuals from this country made up 21.9% of her caseload. Other nationalities in descending order of frequency appearing before Judge Calcador were: Mexico (16.1%), Honduras (13.1%), El Salvador (11.7%), Venezuela (11.7%). 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%).