How a judge's personal bias can affect your immigration case outcome
Your immigration judge is human — and that human factor can override logic and cost you everything. Learn why conservative, cautious behavior in court isn't optional, and what happens when immigrants misread a notice.
How a Judge's Personal Bias Can Affect Your Immigration Case Outcome
When immigrants think about their court hearings, they focus on the law — the rules, the forms, the deadlines. But experienced immigration attorneys know that the law is only part of the equation. The judge sitting across from you is a human being, and that human factor can be the difference between staying in the United States and being ordered deported.
What the Attorney Says
Immigration attorney Ilya Fishkin, who has practiced for over 20 years, is direct about this reality: in immigration court, you are dealing with two separate forces — the law and the human factor. And the human factor can override logic, fairness, and even common sense.
Immigration Deadlines 2026 — Free
Download PDF with all key dates
Fishkin recalls a case from years ago where a client was being pursued by police. His team filed a motion to reopen the case, but the judge refused — adopting what Fishkin describes as an unfounded legal position. In his view, the judge simply did not want to open the case and found a pretext not to. The law existed, but the judge's personal disposition shaped the outcome.
A more recent example came from a Connecticut courtroom. A person received a written notice stating they were required to appear in person. Confused about what to do, they did not show up physically. The judge ruled that because the person had not appeared in person, they had failed to appear at all — and issued a deportation order. Whether or not that interpretation was legally sound, the judge made it, and the consequences were severe and immediate.
Fishkin's conclusion is blunt: "You must always assume the judge will be difficult and act conservatively." This is not pessimism — it is professional strategy. When the stakes are deportation, the cost of assuming a judge will be lenient or reasonable is simply too high.
What You Should Do
The core takeaway from Fishkin's experience is that conservative, cautious behavior in immigration proceedings is not optional — it is essential. Here is how to apply that principle:
Never assume a notice is flexible. If a document says you must appear in person, treat that as an absolute requirement. Do not interpret court instructions on your own — consult an attorney before making any decision about whether or how to comply.
Do not leave anything to chance or goodwill. Judges have discretion, and some will use it against you. Prepare as if the judge will find the strictest possible interpretation of every rule.
Act conservatively at every step. If you are unsure whether something is required, do it anyway. If you are unsure whether a deadline applies to you, treat it as if it does. The cost of over-compliance is minimal; the cost of under-compliance can be a deportation order.
Work with an immigration attorney. Fishkin's cases illustrate that even when the law appears to be on your side, a judge's personal stance can shift the outcome. Having an attorney who understands how to navigate judicial temperament — not just legal text — is critical.
Never interpret court documents alone. The Connecticut case is a warning: a person received a paper, did not know what to do, made a reasonable-seeming decision, and ended up with a deportation order. When in doubt, ask a professional before acting.
FAQ
Q: Can a judge really deport someone just because they didn't appear in person if the notice was unclear? A: According to attorney Fishkin, yes — this is exactly what happened in a Connecticut case he witnessed. The judge ruled that failing to appear in person, regardless of the reason or the confusion around the notice, constituted a failure to appear, and issued a deportation order. Clarity in court documents is not guaranteed, which is why you should never interpret them alone.
Q: Is it normal for judges to take positions that seem legally questionable? A: Fishkin describes cases where, in his professional opinion, a judge adopted an unfounded legal position — for example, refusing to reopen a case using what he considered a pretextual argument. This does not mean judges are always wrong, but it does mean that judicial outcomes are not purely mechanical applications of law. The human factor is real.
Q: What does "acting conservatively" mean in practice for an immigrant in court? A: It means assuming the strictest possible interpretation of every rule, deadline, and requirement will be applied to you. If a notice says appear in person — appear in person. If you are unsure whether something is required — treat it as required. Do not rely on goodwill or common sense from the bench. Prepare for the most demanding scenario.
Based on an interview with immigration attorney Ilya Fishkin, NY Bar. This information is for general purposes only and is not legal advice.
Frequently Asked Questions
Can a judge really deport someone just because they didn't appear in person if the notice was unclear?
According to attorney Fishkin, yes — this is exactly what happened in a Connecticut case he witnessed. The judge ruled that failing to appear in person, regardless of the reason or the confusion around the notice, constituted a failure to appear, and issued a deportation order. Clarity in court documents is not guaranteed, which is why you should never interpret them alone.
Is it normal for judges to take positions that seem legally questionable?
Fishkin describes cases where, in his professional opinion, a judge adopted an unfounded legal position — for example, refusing to reopen a case using what he considered a pretextual argument. This does not mean judges are always wrong, but it does mean that judicial outcomes are not purely mechanical applications of law. The human factor is real.
What does "acting conservatively" mean in practice for an immigrant in court?
It means assuming the strictest possible interpretation of every rule, deadline, and requirement will be applied to you. If a notice says appear in person — appear in person. If you are unsure whether something is required — treat it as required. Do not rely on goodwill or common sense from the bench. Prepare for the most demanding scenario.