Judge Claudia Cubas

FY 2019 - 2024, Hyattsville Immigration Court

Published Nov 7, 2024

Claudia R. Cubas was appointed as an Immigration Judge to begin hearing cases in March 2022. Judge Cubas earned a Bachelor of Arts in 2005 from the University of St. Thomas, in Houston, and a Juris Doctor in 2008 from the University of Maryland Francis King Carey School of Law. From 2018 to 2022, she was the Litigation Director at the Capital Area Immigrants' Rights (CAIR) Coalition in the District of Columbia. She held the following roles at the CAIR Coalition: from 2016 to 2018, Senior Program Director; from 2014 to 2016, Program Director; from 2013 to 2014, Supervising Attorney for the Legal Orientation Program; and from 2011 to 2012, Staff Attorney. From 2009 to 2011, she was an Equal Justice Works AmeriCorps Legal Fellow at the Central American Resource Center, in the District of Columbia. From 2008 to 2009, she was an Attorney in private practice. Judge Cubas is a member of the Maryland State Bar.

Deciding Asylum Cases

Detailed data on decisions by Judge Cubas were examined for the period covering fiscal years 2019 through 2024. During this period, court records show that Judge Cubas decided 359 asylum claims on their merits. Of these, she granted asylum for 309, granted 6 other types of relief, and denied relief to 44. Converted to percentage terms, Cubas denied 12.3 percent and granted 87.8 percent of asylum cases (including forms of relief other than asylum).

Figure 1 provides a comparison of Judge Cubas'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 Cubas's denial rate of 12.3 percent, Immigration Court judges across the country denied 57.7 percent of asylum claims during this same period. Judges at the Hyattsville Immigration Court where Judge Cubas decided these cases denied asylum 34.9 percent of the time. See Figure 2.

Judge Cubas'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 Cubas, 4.7% 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 Cubas came from El Salvador. Individuals from this country made up 47.1% of her caseload. Other nationalities in descending order of frequency appearing before Judge Cubas were: Guatemala (12.0%), Honduras (11.4%), Cameroon (9.7%), Ethiopia (4.2%). 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%).