Judge Daniel Smulow

FY 2019 - 2024, Baltimore Immigration Court

Published Nov 7, 2024

Daniel I. Smulow was appointed as an immigration judge in August 2023. Judge Smulow earned a Bachelor of Arts in 1995 from Tufts University and a Juris Doctor in 1998 from Case Western Reserve University School of Law. From 2008 to 2023, he served as trial attorney and senior counsel for national security, Office of Immigration Litigation, Civil Division, U.S. Department of Justice. From 2006 to 2008, he served as an associate legal advisor, National Security Law Division, U.S. Immigration and Customs Enforcement, Department of Homeland Security. From 2004 to 2006, he served as an assistant attorney general in the Massachusetts Attorney General’s Office. From 1998 to 2004, he served as an assistant district attorney in Essex County, Massachusetts. During this time, from 2001 to 2004, he was a lecturer with Boston University School of Law. Judge Smulow is a member of the Massachusetts Bar.

Deciding Asylum Cases

Detailed data on decisions by Judge Smulow were examined for the period covering fiscal years 2019 through 2024. During this period, court records show that Judge Smulow decided 121 asylum claims on their merits. Of these, he granted asylum for 88, granted 1 other types of relief, and denied relief to 32. Converted to percentage terms, Smulow denied 26.4 percent and granted 73.5 percent of asylum cases (including forms of relief other than asylum).

Figure 1 provides a comparison of Judge Smulow'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 Smulow's denial rate of 26.4 percent, Immigration Court judges across the country denied 57.7 percent of asylum claims during this same period. Judges at the Baltimore Immigration Court where Judge Smulow decided these cases denied asylum 50.4 percent of the time. See Figure 2.

Judge Smulow'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 Smulow, 6.6% 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 Smulow came from El Salvador. Individuals from this country made up 32.2% of his caseload. Other nationalities in descending order of frequency appearing before Judge Smulow were: Honduras (22.3%), Guatemala (14.0%), Nigeria (4.1%), Cameroon (3.3%). 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%).