Judge Benjamin Davey

FY 2019 - 2024, Detroit Immigration Court

Published Nov 7, 2024

Benjamin J. Davey was appointed as an immigration judge to begin hearing cases in August 2023. Judge Davey earned a Bachelor of Fine Arts in 2002 from Otterbein University and a Juris Doctorate in 2006 from Cleveland State University College of Law. From 2013 to 2023, he served as a magistrate in the Lorain County Court of Common Pleas, Domestic Relations and Juvenile Division, in Elyria, Ohio. During this time, from 2022 to 2023, he provided pro bono legal services through Catholic Charities, assisting individuals seeking affirmative asylum before U.S. Citizenship and Immigration Services, Department of Homeland Security. From 2007 to 2013, he served as an assistant prosecuting attorney for Lorain County, Ohio. During this time, from 2011 to 2013, Judge Davey also served as counsel for the Lorain County General Health District. Judge Davey is a member of the Ohio State Bar.

Deciding Asylum Cases

Detailed data on decisions by Judge Davey were examined for the period covering fiscal years 2019 through 2024. During this period, court records show that Judge Davey decided 324 asylum claims on their merits. Of these, he granted asylum for 66, granted 0 other types of relief, and denied relief to 258. Converted to percentage terms, Davey denied 79.6 percent and granted 20.4 percent of asylum cases (including forms of relief other than asylum).

Figure 1 provides a comparison of Judge Davey'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 Davey's denial rate of 79.6 percent, Immigration Court judges across the country denied 57.7 percent of asylum claims during this same period. Judges at the Detroit Immigration Court where Judge Davey decided these cases denied asylum 62.9 percent of the time. See Figure 2.

Judge Davey'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 Davey, 10.5% 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 Davey came from Colombia. Individuals from this country made up 36.1% of his caseload. Other nationalities in descending order of frequency appearing before Judge Davey were: Mexico (16.7%), Bangladesh (7.4%), Honduras (6.5%), Guatemala (5.9%). 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%).