Published Nov 7, 2024
Kenya L. Wells was appointed as an Immigration Judge to begin hearing cases in April 2021.Judge Wells earned a Bachelor of Science in 2007 from Texas A&M University and Juris Doctorin 2010 from the University of Texas School of Law. From 2017 to 2021, he served as anAssistant U.S. Attorney with the U.S. Attorney's Office for the District of Columbia. From 2010to 2016, he served as an Assistant District Attorney with the New York County DistrictAttorney’s Office, in New York. Judge Wells is a member of the New York State Bar.
Detailed data on decisions by Judge Wells were examined for the period covering fiscal years 2019 through 2024. During this period, court records show that Judge Wells decided 476 asylum claims on their merits. Of these, he granted asylum for 18, granted 11 other types of relief, and denied relief to 447. Converted to percentage terms, Wells denied 93.9 percent and granted 6.1 percent of asylum cases (including forms of relief other than asylum).
Figure 1 provides a comparison of Judge Wells's denial rate each fiscal year over this recent period. (Rates for years with less than 25 decisions are not shown.)
Compared to Judge Wells's denial rate of 93.9 percent, Immigration Court judges across the country denied 57.7 percent of asylum claims during this same period. Judges at the Houston - Greenspoint Immigration Court where Judge Wells decided these cases denied asylum 87.9 percent of the time. See Figure 2.
Judge Wells'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 Wells, 17% 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 Wells came from Honduras. Individuals from this country made up 31.9% of his caseload. Other nationalities in descending order of frequency appearing before Judge Wells were: El Salvador (20.4%), Cuba (10.3%), Guatemala (9.9%), Nicaragua (7.4%). 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 (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%).