Published Oct 19, 2023
Attorney General Loretta E. Lynch appointed Barbara Cigarroa to begin hearing cases in June 2016. Judge Cigarroa earned a Bachelor of Arts degree in 1978 from Harvard University, a Master of Social Work degree in 1993 from Washington University, and a Juris Doctor in 1993 from the Washington University School of Law. From 2008 to May 2016, Judge Cigarroa served as a senior attorney for Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS). From 2003 through 2008, Judge Cigarroa served as an assistant chief counsel for ICE, DHS. From 1993 through 2003, Judge Cigarroa served as a trial attorney for the former Immigration and Naturalization Service, Department of Justice, entering on duty through the Attorney General’s Honors Program. Judge Cigarroa is a member of the State Bar of Texas.
Detailed data on decisions by Judge Cigarroa were examined for the period covering fiscal years 2018 through 2023. During this period, court records show that Judge Cigarroa decided 240 asylum claims on their merits. Of these, he granted asylum for 56, granted 5 other types of relief, and denied relief to 179. Converted to percentage terms, Cigarroa denied 74.6 percent and granted 25.4 percent of asylum cases (including forms of relief other than asylum).
Figure 1 provides a comparison of Judge Cigarroa's denial rate each fiscal year over this recent period. (Rates for years with less than 25 decisions are not shown.)
Compared to Judge Cigarroa's denial rate of 74.6 percent, Immigration Court judges across the country denied 60.6 percent of asylum claims during this same period. Judges at the Los Fresnos Immigration Court where Judge Cigarroa decided these cases denied asylum 84.7 percent of the time. See Figure 2.
Judge Cigarroa'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 (80%) are denied asylum. In contrast, a significantly higher proportion of represented asylum seekers are successful. In the case of Judge Cigarroa, 65% were not represented by an attorney. See Figure 3. For the nation as a whole, about 15.7% 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 Cigarroa came from Honduras. Individuals from this country made up 16.7% of his caseload. Other nationalities in descending order of frequency appearing before Judge Cigarroa were: Guatemala (13.3%), Nicaragua (12.9%), Cuba (10.4%), Eritrea (10.4%). 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%).