Judge Susan F. Aikman

FY 2019 - 2024, Batavia Immigration Court

Published Nov 7, 2024

Attorney General Barr appointed Susan F. Aikman to begin hearing cases in January 2020. Judge Aikman earned a Bachelor of Arts in 1994 from Ashland University and a Juris Doctor in 1999 from the University of Toledo, College of Law. From 2018 to 2019, she served as a deputy chief counsel, Office of Chief Counsel (OCC), Office of the Principal Legal Advisor (OPLA), Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS) in Dilley and Pearsall, Texas. From 2015 to 2018, she served as an assistant chief counsel, OCC, OPLA, ICE, DHS, in Pearsall, Texas. From 2005 to 2015, she served as asylum officer, refugee officer, and field office director with Refugee, Asylum, and International Operations (RAIO), U.S. Citizenship and Immigration Services (USCIS), DHS, in the U.S. and international locations. From 1999 to 2005, she was an associate attorney with the Law Offices of David Goren LLC, in Silver Spring, Maryland. Judge Aikman is a member of the District of Columbia Bar

Deciding Asylum Cases

Detailed data on decisions by Judge Aikman were examined for the period covering fiscal years 2019 through 2024. During this period, court records show that Judge Aikman decided 120 asylum claims on their merits. Of these, she granted asylum for 8, granted 16 other types of relief, and denied relief to 96. Converted to percentage terms, Aikman denied 80.0 percent and granted 20.0 percent of asylum cases (including forms of relief other than asylum).

Figure 1 provides a comparison of Judge Aikman'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 Aikman's denial rate of 80.0 percent, Immigration Court judges across the country denied 57.7 percent of asylum claims during this same period. Judges at the Batavia Immigration Court where Judge Aikman decided these cases denied asylum 82.1 percent of the time. See Figure 2.

Judge Aikman'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 Aikman, 36.7% 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 Aikman came from Haiti. Individuals from this country made up 9.2% of her caseload. Other nationalities in descending order of frequency appearing before Judge Aikman were: El Salvador (8.3%), Mexico (7.5%), Dominican Republic (6.7%), Honduras (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%).