Judge Eva S. Saltzman

FY 2019 - 2024, Chicago Immigration Court

Published Nov 7, 2024

Attorney General Loretta E. Lynch appointed Eva S. Saltzman to begin hearing cases in August 2016. Judge Saltzman earned a Bachelor of Arts degree in 1999 from the University of Wisconsin and a Juris Doctor in 2002 from the Benjamin N. Cardozo School of Law. From 2006 to July 2016, she served as a supervisory staff attorney for the Staff Attorney’s Office, U.S. Court of Appeals for the Second Circuit, in New York. From 2005 through 2006, she served as an associate attorney for Wildes, Weinberg, Grunblatt & Wildes PC, in New York. From 2002 through 2005, she served as an associate attorney for Avirom & Associates LLP, in New York. Judge Saltzman is a member of the Connecticut, District of Columbia, and New York State Bars.

Deciding Asylum Cases

Detailed data on decisions by Judge Saltzman were examined for the period covering fiscal years 2019 through 2024. During this period, court records show that Judge Saltzman decided 618 asylum claims on their merits. Of these, she granted asylum for 432, granted 22 other types of relief, and denied relief to 164. Converted to percentage terms, Saltzman denied 26.5 percent and granted 73.5 percent of asylum cases (including forms of relief other than asylum).

Figure 1 provides a comparison of Judge Saltzman'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 Saltzman's denial rate of 26.5 percent, Immigration Court judges across the country denied 57.7 percent of asylum claims during this same period. Judges at the Chicago Immigration Court where Judge Saltzman decided these cases denied asylum 42.1 percent of the time. See Figure 2.

Judge Saltzman'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 (77%) are denied asylum. In contrast, a significantly higher proportion of represented asylum seekers are successful. In the case of Judge Saltzman, 8.7% were not represented by an attorney. See Figure 3. For the nation as a whole, about 16.4% 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 Saltzman came from Nigeria. Individuals from this country made up 12.3% of her caseload. Other nationalities in descending order of frequency appearing before Judge Saltzman were: Mexico (10.8%), China (10.5%), Guatemala (9.2%), Honduras (8.4%). 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%).