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Judge F. James Loprest Jr.
FY 2018 - 2023, New York Immigration Court

Published Oct 19, 2023

Attorney General Eric Holder appointed Judge Loprest in October 2010. Judge Loprest received a bachelor of arts degree in 1982 from Cornell University and received a juris doctorate in 1989 from University of Notre Dame Law School. From 1992 to October 2010, he was senior immigration litigation counsel and special assistant U.S. attorney for the Department of Justice, U.S. Attorney's Office, Southern District of New York. During that time, Judge Loprest served as deputy regional counsel for the Department Homeland Security (DHS), U.S. Citizenship and Immigration Services and assistant chief counsel for DHS, Immigration and Customs Enforcement. From 1990 to 1992, Judge Loprest was a litigation associate for Paul, Hastings, Janofsky & Walker, LLP. From 1989 to 1990, he served as law clerk to the Honorable David G. Larimer, U.S. District Court, Western District of New York. Judge Loprest is a member of the State Bar of California and the New York State Bar.

Deciding Asylum Cases

Detailed data on decisions by Judge Loprest were examined for the period covering fiscal years 2018 through 2023. During this period, court records show that Judge Loprest decided 829 asylum claims on their merits. Of these, he granted asylum for 463, granted 18 other types of relief, and denied relief to 348. Converted to percentage terms, Loprest denied 42.0 percent and granted 58.1 percent of asylum cases (including forms of relief other than asylum).

Figure 1 provides a comparison of Judge Loprest's denial rate each fiscal year over this recent period. (Rates for years with less than 25 decisions are not shown.)

Figure 1: Percent of Asylum Matters Denied

Nationwide Comparisons

Compared to Judge Loprest's denial rate of 42.0 percent, Immigration Court judges across the country denied 60.6 percent of asylum claims during this same period. Judges at the New York Immigration Court where Judge Loprest decided these cases denied asylum 34.4 percent of the time. See Figure 2.

Judge Loprest'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.

Figure 2: Comparing Denial Rates (percents)

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.


When asylum seekers are not represented by an attorney, almost all of them (80%) are denied asylum. In contrast, a significantly higher proportion of represented asylum seekers are successful. In the case of Judge Loprest, 4.1% were not represented by an attorney. See Figure 3. For the nation as a whole, about 15.7% of asylum seekers are not represented.

Figure 3: Asylum Seeker Had Representation


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 Loprest came from China. Individuals from this country made up 29.2% of his caseload. Other nationalities in descending order of frequency appearing before Judge Loprest were: El Salvador (14.5%), Honduras (11.6%), Guatemala (9.2%), India (8.1%). See Figure 4.

In the nation as a whole during this same period, major nationalities of asylum seekers, in descending order of frequency, were El Salvador (16.6%), Guatemala (15.1%), Honduras (13.8%), Mexico (9.2%), China (6.8%), India (5.1%), Venezuela (3.2%), Ecuador (3.1%), Cuba (2.4%), Nicaragua (2.3%), Brazil (2.0%), Colombia (1.4%), Cameroon (1.4%).

Figure 4: Asylum Decisions by Nationality
TRAC is a nonpartisan, nonprofit data research center affiliated with the Newhouse School of Public Communications and the Whitman School of Management, both at Syracuse University. For more information, to subscribe, or to donate, contact trac@syr.edu or call 315-443-3563.