Judge Shana W. Chen

FY 2019 - 2024, Newark Immigration Court

Published Nov 7, 2024

Then-Acting Attorney General Matthew Whitaker appointed Shana W. Chen to begin hearingcases in March 2019. Judge Chen earned a Bachelor of Arts in 1998 from the University ofCalifornia, Berkeley, and a Juris Doctor in 2001 from the Georgetown University Law Center.From 2006 to 2019, Judge Chen served as an assistant U.S. attorney in the District of NewJersey. From 2004 to 2005, she was a judicial law clerk in the Southern District of New York.From 2001 through 2004, Judge Chen worked as a litigation associate at two private law firms inNew York City, McDermott, Will & Emery and Curtis, and Mallet-Prevost, Colt & Mosle. JudgeChen is a member of the New Jersey and New York State Bars.

Deciding Asylum Cases

Detailed data on decisions by Judge Chen were examined for the period covering fiscal years 2019 through 2024. During this period, court records show that Judge Chen decided 893 asylum claims on their merits. Of these, she granted asylum for 102, granted 22 other types of relief, and denied relief to 769. Converted to percentage terms, Chen denied 86.1 percent and granted 13.9 percent of asylum cases (including forms of relief other than asylum).

Figure 1 provides a comparison of Judge Chen'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 Chen's denial rate of 86.1 percent, Immigration Court judges across the country denied 57.7 percent of asylum claims during this same period. Judges at the Newark Immigration Court where Judge Chen decided these cases denied asylum 67 percent of the time. See Figure 2.

Judge Chen'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 Chen, 5.4% 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 Chen came from El Salvador. Individuals from this country made up 28.1% of her caseload. Other nationalities in descending order of frequency appearing before Judge Chen were: Honduras (23.2%), Guatemala (20.6%), Ecuador (6.5%), Brazil (5.0%). 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%).