Judge Rosalind K. Malloy
FY 2013 - 2018, Philadelphia Immigration Court
Judge Malloy was appointed as an Immigration Judge in December 1998. Prior to her
appointment to the Immigration Court in Philadelphia, Judge Malloy served as an Immigration
Judge at the Immigration Court in Los Angeles from December 1998 to December 2001. She
received a Bachelor of Arts degree in 1964 from Hunter College, City University of New York;
a Master of Arts degree in 1971 and a Masters of Education degree in 1975, both from Teachers
College, Columbia University ; and a Juris Doctorate in 1979 from Rutgers University. Judge
Malloy was an assistant district counsel with the former Immigration and Naturalization Service
in New York from 1995 to 1998. From 1993 to 1994, she served as a hearing officer with the
Georgia Department of Corrections in Atlanta, Georgia. Judge Malloy was in private practice
in Atlanta from 1990 to 1993. She worked as an assistant district attorney in New York from
1984 to 1989. Previously, Judge Malloy served as a teacher/guidance counselor with the
New York City Board of Education, John F. Kennedy High School, Bronx, New York, and as
a volunteer in Nigeria. Judge Malloy is a member of both the New York and Georgia Bars.
Deciding Asylum Cases
Figure 1: Percent of Asylum Matters Denied
Detailed data on Judge Malloy decisions were examined for the period covering
fiscal years 2013 through 2018. During this period, Judge
Malloy is recorded as deciding 286 asylum claims on their merits. Of these,
she granted 189, gave no conditional grants, and denied 97.
Converted to percentage terms, Malloy denied 33.9 percent and granted (including
conditional grants) 66.1 percent. Figure 1 provides a comparison of Judge Malloy's
denial rate fiscal year-by-year over this recent period.
Compared to Judge Malloy's denial rate of 33.9 percent, nationally
during this same period, immigration court judges denied 57.6 percent
of asylum claims. In the Philadelphia Immigration Court where Judge Malloy
was based, judges there denied asylum 41.5 percent of the time. See Figure 2.
Figure 2: Comparing Denial Rates (percents)
Judge Malloy 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 Malloy here receives a rank of 275. That is 274
judges denied asylum at higher rates, and 72 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.
Figure 3: Asylum Seeker Had 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 Malloy, 5.9% were not
represented by an attorney. See Figure 3. For the nation as a whole,
about 20% 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.
Figure 4: Asylum Decisions by Nationality
For Judge Malloy, the largest group of asylum seekers appearing before her came
from Guatemala. Individuals from this nation made up 17.1 % of her caseload.
Other nationalities in descending order of frequency appearing before Judge Malloy were:
China (12.6 %), Honduras (6.6%), El Salvador (5.6%), Mexico (3.8%).
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%).