Published Oct 19, 2023
Attorney General William P. Barr appointed Sherron Ashworth as an immigration judge inMarch 2020. Judge Ashworth earned a Bachelor of Arts in 1997 from Louisiana College and aJuris Doctor in 2004 from the Louisiana State University, Paul M. Hebert Law Center. From2009 to 2020, she served as an assistant chief counsel, Office of Chief Counsel, Office of thePrincipal Legal Advisor, Immigration and Customs Enforcement, Department of HomelandSecurity, in Oakdale, Louisiana. From 2006 to 2009, she served as an assistant district attorney,in Allen Parish, Louisiana. From 2005 to 2006, she was an associate attorney with Bolen, Parker& Brenner, in Alexandria, Louisiana. From 2004 to 2005, she served as a law clerk for theLouisiana Third Circuit Court of Appeals. Judge Ashworth is a member of the Louisiana StateBar.
Detailed data on decisions by Judge Ashworth were examined for the period covering fiscal years 2018 through 2023. During this period, court records show that Judge Ashworth decided 110 asylum claims on their merits. Of these, she granted asylum for 9, granted 3 other types of relief, and denied relief to 98. Converted to percentage terms, Ashworth denied 89.1 percent and granted 10.9 percent of asylum cases (including forms of relief other than asylum).
Figure 1 provides a comparison of Judge Ashworth's denial rate each fiscal year over this recent period. (Rates for years with less than 25 decisions are not shown.)
Compared to Judge Ashworth's denial rate of 89.1 percent, Immigration Court judges across the country denied 60.6 percent of asylum claims during this same period. Judges at the Oakdale Immigration Court where Judge Ashworth decided these cases denied asylum 70.4 percent of the time. See Figure 2.
Judge Ashworth'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.
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.
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 Ashworth, 60.9% were not represented by an attorney. See Figure 3. For the nation as a whole, about 15.7% of asylum seekers are not represented.
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 Ashworth came from Nicaragua. Individuals from this country made up 22.7% of her caseload. Other nationalities in descending order of frequency appearing before Judge Ashworth were: Cuba (10.9%), Turkey (8.2%), Mexico (6.4%), Colombia (5.5%). 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%).