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Advocates have recently noted a connection between failure to meet the filing deadline and immigration case backloads. A typical case involves an asylum-seeker in the expedited removal process. After an asylum officer determines that the applicant has a “credible fear” of persecution, the case is referred to removal proceedings. In some cases, however, the master calendar hearing (at which the applicant can first “file” for or formally request asylum) is not scheduled until one year after the applicant’s entry or admission. In such cases, asylum-seekers – who have tried to comply with the law – cannot meet the filing requirement.......[citing TRAC research].
The immigration judge assigned to an asylum case can be decisive to its outcome. While disparities have diminished in recent years, they still remain pronounced. In New York courts, which handle roughly one-fourth of US political
asylum cases, for example, the difference in asylum denial rates between the most and the least generous judges was 81 per cent between FY 2004 and 2006, and fell to 62 per cent between FY 2007 and 2009........[citing TRAC research].
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