Published Oct 19, 2023
Attorney General Jeff Sessions appointed Patrick S. O’Brien to begin hearing cases in August 2017. Judge O’Brien earned a Bachelor of Science degree in 1995 from California Polytechnic State University, San Luis Obispo and a Juris Doctor in 2000 from University of California, Hastings College of the Law. From 2009 to 2017, he served as an assistant chief counsel for the Office of Chief Counsel, Immigration and Customs Enforcement, Department of Homeland Security, in San Francisco. From 2001 to 2017, he worked for the U.S. Army Judge Advocate General’s Corp, entering as a student in 2001; serving as a legal assistance attorney in Korea, 2002 to 2003; trial counsel in Fort Lewis, Wash., and Iraq, 2003 to 2004; as trial defense counsel in Fort Lewis and Afghanistan, 2004 to 2007; special assistant U.S. attorney in Fort Lewis, 2007 to 2008; senior defense counsel, U.S. Army Reserve, 2009 to 2014; a brigade judge advocate, U.S. Army Reserve, 2014 to 2016; and currently as an adjunct professor of international and operational law. Judge O’Brien is a member of the California State Bar.
Detailed data on decisions by Judge O'Brien were examined for the period covering fiscal years 2018 through 2023. During this period, court records show that Judge O'Brien decided 860 asylum claims on their merits. Of these, he granted asylum for 421, granted 4 other types of relief, and denied relief to 435. Converted to percentage terms, O'Brien denied 50.6 percent and granted 49.5 percent of asylum cases (including forms of relief other than asylum).
Figure 1 provides a comparison of Judge O'Brien's denial rate each fiscal year over this recent period. (Rates for years with less than 25 decisions are not shown.)
Compared to Judge O'Brien's denial rate of 50.6 percent, Immigration Court judges across the country denied 60.6 percent of asylum claims during this same period. Judges at the San Francisco Immigration Court where Judge O'Brien decided these cases denied asylum 29.2 percent of the time. See Figure 2.
Judge O'Brien'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 O'Brien, 12.8% 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 O'Brien came from Guatemala. Individuals from this country made up 28.3% of his caseload. Other nationalities in descending order of frequency appearing before Judge O'Brien were: Mexico (17.7%), El Salvador (16.2%), Honduras (10.7%), 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%).