Judge Richard W. Vanveldhuisen

FY 2019 - 2024, Arlington Immigration Court

Published Nov 7, 2024

Richard W. VanVeldhuisen was appointed as an Immigration Judge to begin hearing cases in February 2023. Judge VanVeldhuisen earned a Bachelor of Science in 1987 from Northeastern University, a Juris Doctor in 1990 from California Western School of Law, and a Master of Arts in Diplomacy and International Relations in 2004 from Seton Hall University. From 2014 to 2022, he served as the chief division counsel with the Federal Bureau of Investigation (FBI) in the Anchorage, Baltimore, and Norfolk Divisions, and from 2005 to 2014, he served as an assistant general counsel with the FBI in Washington. In 2012, he served as a trial attorney with the Office of International Affairs, Department of Justice. From 2001 to 2005, he served as an assistant chief counsel with the Office of the Chief Counsel (currently known as the Office of the Principal Legal Advisor), U.S. Immigration and Customs Enforcement, Department of Homeland Security, in New York. From 1998 to 2001, he served as a deputy attorney general with the Division of Law, New Jersey Department of Law and Public Safety, in Trenton. In 2000, he was a research specialist with the Bureau of Population, Refugees and Migration, Department of State. From 1991 to 1998, he served as an assistant prosecutor with the Mercer County Prosecutor’s Office in Trenton. Judge VanVeldhuisen is a member of the New Jersey State Bar.

Deciding Asylum Cases

Detailed data on decisions by Judge Vanveldhuisen were examined for the period covering fiscal years 2019 through 2024. During this period, court records show that Judge Vanveldhuisen decided 129 asylum claims on their merits. Of these, he granted asylum for 75, granted 2 other types of relief, and denied relief to 52. Converted to percentage terms, Vanveldhuisen denied 40.3 percent and granted 59.7 percent of asylum cases (including forms of relief other than asylum).

Figure 1 provides a comparison of Judge Vanveldhuisen'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 Vanveldhuisen's denial rate of 40.3 percent, Immigration Court judges across the country denied 57.7 percent of asylum claims during this same period. Judges at the Arlington Immigration Court where Judge Vanveldhuisen decided these cases denied asylum 54.6 percent of the time. See Figure 2.

Judge Vanveldhuisen'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 Vanveldhuisen, 3.9% were not represented by an attorney. See Figure 3. For the nation as a whole, about 16.4% of asylum seekers are not represented.

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 Vanveldhuisen came from Honduras. Individuals from this country made up 34.1% of his caseload. Other nationalities in descending order of frequency appearing before Judge Vanveldhuisen were: El Salvador (23.3%), Guatemala (10.9%), Peru (7.0%), Nicaragua (6.2%). 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%).