Published Nov 7, 2024
Attorney General Eric Holder appointed Judge Palomino to begin hearing cases in June 2015.Judge Palomino received a bachelor of arts degree in 1993 from Santa Clara University and ajuris doctorate in 1996 from the University of California Hastings College of the Law. FromJune 1998 to May 2015, Judge Palomino served at the Third Judicial District of New Mexico invarious capacities including chief deputy district attorney, district court judge and deputy districtattorney. In 1997, Judge Palomino joined the U.S. Army Reserve, Judge Advocate General’sCorps, where he currently serves as major. From 1981 to 1984, he served in the U.S. MarineCorps. Judge Palomino is a member of the State Bars of California and New Mexico.
Detailed data on decisions by Judge Palomino were examined for the period covering fiscal years 2019 through 2024. During this period, court records show that Judge Palomino decided 491 asylum claims on their merits. Of these, he granted asylum for 62, granted 32 other types of relief, and denied relief to 397. Converted to percentage terms, Palomino denied 80.9 percent and granted 19.1 percent of asylum cases (including forms of relief other than asylum).
Figure 1 provides a comparison of Judge Palomino's denial rate each fiscal year over this recent period. (Rates for years with less than 25 decisions are not shown.)
Compared to Judge Palomino's denial rate of 80.9 percent, Immigration Court judges across the country denied 57.7 percent of asylum claims during this same period. Judges at the Chaparral Immigration Court where Judge Palomino decided these cases denied asylum 66.7 percent of the time. See Figure 2.
Judge Palomino'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 Palomino, 58.2% 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 Palomino came from Cuba. Individuals from this country made up 16.7% of his caseload. Other nationalities in descending order of frequency appearing before Judge Palomino were: Nicaragua (10.2%), Turkey (10.2%), Honduras (8.4%), El Salvador (7.9%). 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%).