Published Oct 26, 2022
Attorney General Eric Holder appointed Judge Morley in December 2010. Judge Morley received a bachelor of arts degree in 1973 from University of Wisconsin, Madison and a juris doctorate in 1976 from the University of Wisconsin Law School. From 2003 to December 2010, he was a partner with Morley Surin & Griffin, P.C. From 1984 to 2003, Judge Morley was in private practice. From 1976 to 1984, he was a public defender for the Defender Association of Philadelphia. He has taught immigration law courses at Drexel University, Villanova University School of Law and Rutgers School of Law, Camden since 2007. Judge Morley is a member of the Pennsylvania Bar.
Detailed data on decisions by Judge Morley were examined for the period covering fiscal years 2017 through 2022. During this period, court records show that Judge Morley decided 713 asylum claims on their merits. Of these, he granted asylum for 362, granted 25 other types of relief, and denied relief to 326. Converted to percentage terms, Morley denied 45.7 percent and granted 54.3 percent of asylum cases (including forms of relief other than asylum).
Figure 1 provides a comparison of Judge Morley's denial rate each fiscal year over this recent period. (Rates for years with less than 25 decisions are not shown.)
Compared to Judge Morley's denial rate of 45.7 percent, Immigration Court judges across the country denied 63.8 percent of asylum claims during this same period. Judges at the Philadelphia Immigration Court where Judge Morley decided these cases denied asylum 54.5 percent of the time. See Figure 2.
Judge Morley'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 (83%) are denied asylum. In contrast, a significantly higher proportion of represented asylum seekers are successful. In the case of Judge Morley, 3.6% were not represented by an attorney. See Figure 3. For the nation as a whole, about 16.7% 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 Morley came from Guatemala. Individuals from this country made up 27.9% of his caseload. Other nationalities in descending order of frequency appearing before Judge Morley were: Honduras (14.9%), El Salvador (14.2%), Mexico (4.9%), Brazil (2.8%). See Figure 4.
In the nation as a whole during this same period, major nationalities of asylum seekers, in descending order of frequency, were El Salvador (18.2%), Guatemala (16.0%), Honduras (14.6%), Mexico (10.5%), China (7.5%), India (4.5%), Cuba (2.5%), Venezuela (2.1%), Ecuador (2.1%), Nicaragua (1.9%), Haiti (1.7%), Cameroon (1.5%), Nepal (1.2%).