The Challenges of Asylum in the United States
The journey to becoming a U.S. citizen can be incredibly challenging.
Asylum seekers often find their fate hinged on the particular judge assigned to their cases, which is, in many ways, a roll of the dice.
New York state exemplifies this variability, featuring judges with starkly contrasting approaches—some deny nearly all applications, while others embrace a more lenient stance.
One of the most lenient judges in the state, Vivian Gordon-Uluakpa, appointed in 2002 during George W. Bush’s administration, has granted asylum in an impressive 92.4% of cases since 2020, as reported by Syracuse University’s TRAC program.
In contrast, John Barnes, a tough immigration judge appointed by Bill Barr in 2020 during the Trump administration, has only a 2.6% approval rate for asylum applications in his court at Federal Plaza.
This is notable given the national approval rate is around 59%.
From 2020 to 2025, Judge Gordon-Uluakpa reviewed 775 asylum cases, granting asylum in 716 instances, while also signing off on 32 other forms of relief such as stays of removal. She turned down just 27 applicants.
The backlog faced by immigration courts is significant, with about 3.4 million cases pending.
Interestingly, prior to Gordon-Uluakpa’s tenure, nearly 40% of asylum seekers came from China, a trend that persists today as people from various countries, including India, Bangladesh, Nepal, and El Salvador, seek refuge.
Andrew Arthur, a fellow at the Immigration Policy Center and a former immigration judge, noted the stark discrepancies among judges, saying, “A judge’s decision can vary widely based on the case assigned to them.” He added that it’s preferable for immigration judges to be the first decision-makers in such complex cases.
While judges are assigned cases randomly, the rate of refugee recognition often hinges on the asylum seeker’s country of origin.
The government can also opt to challenge a judge’s decision to grant asylum, another layer that complicates the process.
Judge Gordon-Uluakpa, now 66, is a graduate of Fordham University and Howard University School of Law, focusing on legal aid and criminal defense throughout her career. However, her current status remains somewhat unclear.
On the other hand, Judge Burns attended Beloit College, earned his law degree at Fordham, and has military experience from serving in Kuwait and Iraq. He also has been a member of the New York Army National Guard’s Judge Advocate Corps.
From 2020 to 2025, Judge Burns ruled on 1,128 asylum cases, approving just 29 requests for asylum, while advising on 15 other relief options and denying a staggering 1,084 cases. A significant portion of his cases, 27%, also originated from China, followed by applicants from Bangladesh, Mexico, Ecuador, and El Salvador.
Attempts to reach both judges for their insights were met with a response from the Office of Immigration Review, which declined to comment on individual judge’s decisions.
