Published Nov 7, 2024
Margaret R. MacGregor was appointed as an immigration judge to begin hearing cases in August 2023. Judge MacGregor earned a Bachelor of Arts in 1996 from Georgetown University and a Juris Doctorate in 1999 from the University of Arizona College of Law. From 2009 to 2023, she was an attorney advisor at the Board of Immigration Appeals, Executive Office for Immigration Review, U.S. Department of Justice. From 2007 to 2009, she was an associate with Berry, Appleman & Leiden, and from 2005 to 2007 with Reina & Associates, both in Dallas. From 2003 to 2005, she was a deputy attorney general representing the Division of Youth and Family Services for the State of New Jersey. From 2002 to 2003, she clerked for the Honorable Vincent J. Grasso, presiding judge of the Family Part, in Ocean County, New Jersey. From 2000 to 2002, she was the senior editor of the Products Liability Law Reporter for the American Association for Justice in Washington, D.C. From 1999 to 2000, she was a staff attorney at the Center for Auto Safety in Washington, D.C. Judge MacGregor is a member of the New Jersey Bar.
Detailed data on decisions by Judge MacGregor were examined for the period covering fiscal years 2019 through 2024. During this period, court records show that Judge MacGregor decided 119 asylum claims on their merits. Of these, she granted asylum for 14, granted 8 other types of relief, and denied relief to 97. Converted to percentage terms, MacGregor denied 81.5 percent and granted 18.5 percent of asylum cases (including forms of relief other than asylum).
Figure 1 provides a comparison of Judge MacGregor's denial rate each fiscal year over this recent period. (Rates for years with less than 25 decisions are not shown.)
Compared to Judge MacGregor's denial rate of 81.5 percent, Immigration Court judges across the country denied 57.7 percent of asylum claims during this same period. Judges at the Los Fresnos Immigration Court where Judge MacGregor decided these cases denied asylum 86.2 percent of the time. See Figure 2.
Judge MacGregor'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.
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.
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 MacGregor, 74.8% were not represented by an attorney. See Figure 3. For the nation as a whole, about 16.4% of asylum seekers are not represented.
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 MacGregor came from Mexico. Individuals from this country made up 21.0% of her caseload. Other nationalities in descending order of frequency appearing before Judge MacGregor were: Venezuela (21.0%), Honduras (13.4%), El Salvador (6.7%), Guatemala (6.7%). 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%).