Judge William Van Wyke

FY 2013 - 2018, New York Immigration Court

Judge Van Wyke was appointed as an Immigration Judge in March 1995 in New York City. He was re-assigned to the Immigration Court in New York in June 2002, following a six-year assignment as an Immigration Judge in York, Pennsylvania. Judge Van Wyke received a Bachelor of Arts degree from Calvin College, Grand Rapids, Michigan, in 1972. He received a Master of Arts degree in 1974, and a Juris Doctorate in 1977, both from the University of Michigan. From 1993 to 1995, he worked as an attorney with the Law Office of Thomas Elliott in Washington, DC. From 1986 to 1993, he was in private practice in Washington, DC, focusing primarily on immigration law and international human rights issues. From 1983 to 1985, Judge Van Wyke served as staff attorney for the Central American Refugee Center, also in Washington, DC. He also served 3 years as litigation director for East Arkansas Legal Services. In 1990, he worked as a law student supervisor at AYUDA, Inc., in Washington, DC. From 1992 to 1995, Judge Van Wyke also served as an adjunct professor at Washington College of Law, American University, where he taught refugee and asylum law. He is a member of the Tennessee Bar.

Deciding Asylum Cases

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Figure 1: Percent of Asylum Matters Denied

Detailed data on Judge Van Wyke decisions were examined for the period covering fiscal years 2013 through 2018. During this period, Judge Van Wyke is recorded as deciding 524 asylum claims on their merits. Of these, he granted 417, gave no conditional grants, and denied 107. Converted to percentage terms, Van Wyke denied 20.4 percent and granted (including conditional grants) 79.6 percent. Figure 1 provides a comparison of Judge Van Wyke's denial rate fiscal year-by-year over this recent period. (Rates for years with less than 25 decisions are not shown.)

Nationwide Comparisons

Compared to Judge Van Wyke's denial rate of 20.4 percent, nationally during this same period, immigration court judges denied 57.6 percent of asylum claims. In the New York Immigration Court where Judge Van Wyke was based, judges there denied asylum 20.4 percent of the time. See Figure 2.

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Figure 2: Comparing Denial Rates (percents)

Judge Van Wyke can also be ranked compared to each of the 347 individual immigration judges serving during this period who rendered at least one hundred decisions in a city's immigration court. If judges were ranked from 1 to 347 - where 1 represented the highest denial percent and 347 represented the lowest - Judge Van Wyke here receives a rank of 312. That is 311 judges denied asylum at higher rates, and 35 denied asylum at the same rate or less often. Ranks are tallied separately for each immigration court. Should a judge serve on more than one court during this period, separate ranks would be assigned in any court that the judge rendered at least 100 asylum decisions in.

Why Do Denial Rates Vary Among Judges?

Denial rates reflect in part the differing composition of cases assigned to different immigration judges. For example, being represented in court and the nationality of the asylum seeker appear to often impact decision outcome. Decisions also appear to reflect in part the personal perspective that the judge brings to the bench.

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Figure 3: Asylum Seeker Had Representation
Representation

If an asylum seeker is not represented by an attorney, almost all (91%) of them are denied asylum. In contrast, a significantly higher proportion of represented asylum seekers are successful. In the case of Judge Van Wyke, 2.7% were not represented by an attorney. See Figure 3. For the nation as a whole, about 20% 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.

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Figure 4: Asylum Decisions by Nationality

For Judge Van Wyke, the largest group of asylum seekers appearing before him came from China. Individuals from this nation made up 57.6 % of his caseload. Other nationalities in descending order of frequency appearing before Judge Van Wyke were: Russia (3.1 %), Egypt (2.7%), Nepal (2.3%), Mali (2.1%). See Figure 4.

In the nation as a whole during this same period, major nationalities of asylum seekers, in descending order of frequency, were China (18.5%), El Salvador (14.7%), Mexico (12.0%), Honduras (10.9%), Guatemala (10.3%), India (3.2%), Haiti (2.1%), Nepal (1.8%), Eritrea (1.3%), Ethiopia (1.3%), Somalia (1.2%), Cameroon (1.0%), Bangladesh (1.0%).

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