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Army Reserve Judge Dismissed After Granting Six Asylum Reliefs in November

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Rapid hiring and immediate termination of reserve judge The Army Reserve lieutenant colonel began serving as a temporary immigration judge in Annandale, Virginia, in late October 2025 and was terminated by early December, according to the National Association of Immigration Judges and the Department of Defense’s lack of comment [1]. His five‑week tenure coincided with the Trump administration’s aggressive push to replace civilian judges with military personnel [1]. No official explanation was provided for the abrupt dismissal, and Pentagon and DOJ spokespeople declined to comment [1].

Asylum grant rate far exceeds military judge norm In November, the judge ruled on eleven asylum cases, granting relief in six, allowing those migrants to remain in the United States [1]. Federal data show that nine of ten asylum cases heard by military judges that month resulted in removal or self‑deportation, and overall military judges order removal 78 % of the time, compared with a 63 % removal rate for civilian judges [1]. The judge’s grant rate therefore stood out sharply against the broader military‑judge trend.

Administration’s broad judicial overhaul and lawyer deployment The Trump administration announced plans to restructure 75 immigration courts and has already dismissed nearly one hundred judges as part of that effort [1]. New rules relax requirements so that any attorney can apply to serve as a deportation judge, expanding the pool of potential military lawyers [1]. Defense Secretary Pete Hegseth authorized up to 600 military attorneys to hear asylum cases, though only about thirty have been detailed to courts so far [1].

Judge Day’s professional background and prior government service Lieutenant Colonel Day previously worked as an attorney for the Federal Communications Commission during the Biden administration before joining the Army Reserve [1]. His legal experience spans both civilian regulatory work and military service, positioning him as a bridge between the two sectors [1]. The combination of his background and the timing of his dismissal highlights the administration’s shifting approach to immigration adjudication.

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Timeline

2024 – The administration rolls out a new policy that authorizes ICE officers to make arrests in immigration‑court hallways in New York, Atlanta and other venues, a practice it defends as “common‑sense” resource conservation and that later fuels a surge in courtroom detentions[1].

Jan 2025 (first day of the federal shutdown) – Conflicting directives briefly halt immigration‑court operations, but officials later label judges as essential workers and restore normal proceedings, highlighting the system’s vulnerability to broader government shutdowns[1].

Early 2025 – The Justice Department fires or transfers roughly one‑fifth of the 700 immigration judges nationwide, citing performance and bias reviews, dramatically shrinking the bench and setting the stage for a swelling case backlog[1].

FY 2025 (Oct 2024 – Sep 2025) – Pending immigration cases swell from about 600,000 in FY 2017 to more than 3.4 million, a five‑fold increase driven by higher border crossings and asylum filings, underscoring the crisis in the courts[1].

Oct 2025 – Army Reserve Lieutenant Colonel Day begins serving as a temporary immigration judge in Annandale, VA, handling his first hearings as part of the administration’s push to staff courts with military lawyers[4].

Nov 2025 – Judge Day adjudicates 11 asylum applications, granting relief in six cases, a rate that starkly contrasts with the 78 % removal order rate for military judges overall and draws scrutiny from the DOJ[4].

Dec 1, 2025 – The Trump administration terminates eight immigration judges, including an assistant chief judge, at the NYC immigration court on 26 Federal Plaza, reducing the national judge count to below 600 and intensifying the backlog[3][2].

Dec 2, 2025 (around) – Judge Day is dismissed after only five weeks on the bench, ending his temporary appointment amid a broader purge that has removed almost 100 judges and aims to overhaul 75 immigration courts[4].

Dec 5, 2025 – TRAC data reveal a national backlog of 3,687,750 active cases, with 1,961,655 asylum applications and an average wait of 636 days, while Florida tops the list with 523,000 pending cases and Miami alone holds 311,291; Senators Schiff and Rep. Vargas introduce legislation to require temporary judges to have appellate experience[2].

Dec 19, 2025 – Reports confirm that the administration has eased rules to let any attorney apply as a deportation judge, has detailed about 30 of a possible 600 military lawyers to hear asylum cases, and notes that military judges order removal in 78 % of cases versus 63 % for civilian judges, reflecting a systemic shift toward stricter outcomes[4].

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