Published Nov 7, 2024
Former Attorney General Loretta E. Lynch appointed Anthony E. Maingot to begin hearing cases in April 2017. Judge Maingot earned a Bachelor of Arts degree in 1981 from the University of Texas at Austin and a Juris Doctor in 1991 from The University of Miami School of Law. From September 2008 through March 2017, he served as an assistant U.S. Attorney for the District of Arizona, Tucson, Department of Justice. From 1997 to January 2017, he served as an assistant chief counsel for the Office of Chief Counsel, Immigration and Customs Enforcement, Department of Homeland Security in Miami, Fla. From 1991 through 1997, he served as an assistant public defender in the Miami-Dade County Public Defender’s Office. Judge Maingot is a member of the Florida Bar.
Detailed data on decisions by Judge Maingot were examined for the period covering fiscal years 2019 through 2024. During this period, court records show that Judge Maingot decided 665 asylum claims on their merits. Of these, he granted asylum for 131, granted 27 other types of relief, and denied relief to 507. Converted to percentage terms, Maingot denied 76.2 percent and granted 23.8 percent of asylum cases (including forms of relief other than asylum).
Figure 1 provides a comparison of Judge Maingot's denial rate each fiscal year over this recent period. (Rates for years with less than 25 decisions are not shown.)
Compared to Judge Maingot's denial rate of 76.2 percent, Immigration Court judges across the country denied 57.7 percent of asylum claims during this same period. Judges at the Miami Immigration Court where Judge Maingot decided these cases denied asylum 83.4 percent of the time. See Figure 2.
Judge Maingot'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 (77%) are denied asylum. In contrast, a significantly higher proportion of represented asylum seekers are successful. In the case of Judge Maingot, 10.2% were not represented by an attorney. See Figure 3. For the nation as a whole, about 16.4% 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 Maingot came from Guatemala. Individuals from this country made up 28.1% of his caseload. Other nationalities in descending order of frequency appearing before Judge Maingot were: Haiti (22.0%), Honduras (20.8%), El Salvador (8.3%), Brazil (3.5%). 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 (14.0%), Guatemala (13.2%), Honduras (12.4%), Mexico (8.2%), China (6.1%), India (5.4%), Venezuela (4.0%), Ecuador (3.7%), Nicaragua (3.5%), Colombia (2.9%), Cuba (2.6%), Brazil (2.6%), Russia (2.4%).