Published Nov 7, 2024
Attorney General Loretta E. Lynch appointed Nathan N. Aina to begin hearing cases in June 2016. Judge Aina earned a Bachelor of Science degree in 1997, and a Master of Public Administration and a Juris Doctor in 2001, all from Brigham Young University. From 2002 to May 2016, Judge Aina served as an assistant chief counsel for Immigration and Customs Enforcement, Department of Homeland Security, entering on duty through the Attorney General’s Honors Program. Judge Aina is a member of the Utah State Bar.
Detailed data on decisions by Judge Aina were examined for the period covering fiscal years 2019 through 2024. During this period, court records show that Judge Aina decided 220 asylum claims on their merits. Of these, he granted asylum for 160, granted 1 other types of relief, and denied relief to 59. Converted to percentage terms, Aina denied 26.8 percent and granted 73.2 percent of asylum cases (including forms of relief other than asylum).
Figure 1 provides a comparison of Judge Aina's denial rate each fiscal year over this recent period. (Rates for years with less than 25 decisions are not shown.)
Compared to Judge Aina's denial rate of 26.8 percent, Immigration Court judges across the country denied 57.7 percent of asylum claims during this same period. Judges at the West Valley Immigration Court where Judge Aina decided these cases denied asylum 39.9 percent of the time. See Figure 2.
Judge Aina'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 (77%) are denied asylum. In contrast, a significantly higher proportion of represented asylum seekers are successful. In the case of Judge Aina, 0.5% were not represented by an attorney. See Figure 3. For the nation as a whole, about 16.4% 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 Aina came from Venezuela. Individuals from this country made up 59.5% of his caseload. Other nationalities in descending order of frequency appearing before Judge Aina were: Colombia (22.3%), Peru (6.4%), Nicaragua (3.6%), Russia (3.6%). 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 (14.0%), Guatemala (13.2%), Honduras (12.4%), Mexico (8.2%), China (6.1%), India (5.4%), Venezuela (4.0%), Ecuador (3.7%), Nicaragua (3.5%), Colombia (2.9%), Cuba (2.6%), Brazil (2.6%), Russia (2.4%).