Judge John W. Cortes

FY 2018 - 2023, Phoenix Immigration Court

Published Oct 19, 2023

Then-Acting Attorney General Matthew Whitaker appointed John W. Cortes to begin hearingcases in March 2019. Judge Cortes earned a Bachelor of Arts in 1999 from the City University ofNew York at Brooklyn College and a Juris Doctor in 2002 at the New York Law School. From2003 to 2018, he served as an assistant district attorney for the Suffolk County DistrictAttorney’s Office, and from 2013 to 2018, he served as a principal assistant district attorney forthe same court. Judge Cortes is a member of the State Bar of Arizona and New York State Bar.

Deciding Asylum Cases

Detailed data on decisions by Judge Cortes were examined for the period covering fiscal years 2018 through 2023. During this period, court records show that Judge Cortes decided 223 asylum claims on their merits. Of these, he granted asylum for 44, granted 2 other types of relief, and denied relief to 177. Converted to percentage terms, Cortes denied 79.4 percent and granted 20.6 percent of asylum cases (including forms of relief other than asylum).

Figure 1 provides a comparison of Judge Cortes'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 Cortes's denial rate of 79.4 percent, Immigration Court judges across the country denied 60.6 percent of asylum claims during this same period. Judges at the Phoenix Immigration Court where Judge Cortes decided these cases denied asylum 79.8 percent of the time. See Figure 2.

Judge Cortes'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 Cortes, 10.8% 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 Cortes came from Guatemala. Individuals from this country made up 26.9% of his caseload. Other nationalities in descending order of frequency appearing before Judge Cortes were: Mexico (21.5%), Honduras (13.0%), Venezuela (10.8%), Cuba (8.1%). 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 (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%).