Published Nov 7, 2024
Attorney General Eric H. Holder Jr. appointed Judge Baker in November 2014. Judge Baker received a bachelor of arts degree in 1982 from James Madison University and a juris doctorate in 1994 from Thomas M. Cooley Law School. From 1995 to 2014, he served as an attorney advisor for the Board of Immigration Appeals, Executive Office for Immigration Review (EOIR), U.S. Department of Justice. During this time, from 2010 to 2011, he served as an associate general counsel for EOIR. From 1994 to 1995, Judge Baker worked as a judicial law clerk for the Harlingen Immigration Court, entering on duty through the Attorney General’s Honors Program. From 1993 to 1994, he was the managing editor for the Thomas M. Cooley Law Review. Judge Baker is a member of the North Carolina State Bar.
Detailed data on decisions by Judge Baker were examined for the period covering fiscal years 2019 through 2024. During this period, court records show that Judge Baker decided 196 asylum claims on their merits. Of these, he granted asylum for 25, granted 4 other types of relief, and denied relief to 167. Converted to percentage terms, Baker denied 85.2 percent and granted 14.8 percent of asylum cases (including forms of relief other than asylum).
Figure 1 provides a comparison of Judge Baker's denial rate each fiscal year over this recent period. (Rates for years with less than 25 decisions are not shown.)
Compared to Judge Baker's denial rate of 85.2 percent, Immigration Court judges across the country denied 57.7 percent of asylum claims during this same period. Judges at the Kansas City Immigration Court where Judge Baker decided these cases denied asylum 85.2 percent of the time. See Figure 2.
Judge Baker'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 Baker, 18.9% 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 Baker came from Guatemala. Individuals from this country made up 47.4% of his caseload. Other nationalities in descending order of frequency appearing before Judge Baker were: Honduras (16.3%), Mexico (12.8%), El Salvador (7.7%), China (3.1%). 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 (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%).