Appointed August 2023 · President Joe Biden→ Attorney General Merrick Garland
3 years on the immigration bench
Appointed under a Democratic administration
Background
The Honorable Immigration Judge Daniel Smulow earned a Bachelor of Arts in 1995 from Tufts University and a Juris Doctor in 1998 from Case Western Reserve University School of Law. From 2008 to 2023, he served as a trial attorney and senior counsel for national security at the Office of Immigration Litigation, and from 2006 to 2008 he was an associate legal advisor in the National Security Law Division at U.S. Immigration and Customs Enforcement. He served as an assistant attorney general in Massachusetts (2004-2006) and as an assistant district attorney in Essex County, Massachusetts (1998-2004), and was a lecturer at Boston University School of Law (2001-2004). He is a member of the Massachusetts Bar.
Caseload & process (since 2021)
650
Completions per year
3,897 total
1.6%
Detained at decision
share of cases
23.7 mo
Median time to decision
from case start
30.7%
Ordered removed in absentia
person absent
3.6%
Decisions appealed to BIA
appeal rate
—
Appeals remanded or reversed
only 12 appeals — too few
Bond decisions
Custody redetermination (bond) rulings since 2021.
"Granted" means the judge lowered the bond, ordered release on recognizance, or otherwise granted the request.
0%⚠
Bond requests granted
3 bond decisions Too few cases
—
Median bond when set
—
Released on own recognizance
This judge 0%
Court average 14.9% · median $7,500
National 41.9% · median $6,500
Grant rates by type of relief
Share granted among merits decisions for each application type, since 2021.
Asylum
44.1%
324 decisions High confidence
Withholding / CAT
12.7%
314 decisions High confidence
Cancellation — 42B (non-LPR)
59.3%⚠
27 decisions Too few cases
Adjustment of status (245)
87.5%⚠
8 decisions Too few cases
Voluntary departure
100%⚠
27 decisions Too few cases
44.1%
of asylum claims granted on the merits High confidence
Based on 324 asylum decisions (grants + denials) since 2021.
This judge
44.1%
This court
32.6%
National average
31.8%
0%100% granted
In the top 26% of the 825 judges nationally with enough cases to compare.
Does a lawyer matter here?
Asylum grant rate by whether the person had legal representation.
With a lawyerrepresented · 290 decisions since 2021
47.6%
Without a lawyer⚠unrepresented · 34 decisions since 2021
14.7%
Asylum grant rate over time
Each point is that calendar year's grant rate, back to 2015 where the judge was deciding cases — the longer career view. Dashed grey line = current national average (31.8%). Headline rates above use 2021 – today.
* 2026 is a partial year (data through 06/01/2026) and is incomplete.
Courts where this judge has decided cases
Hearing locations for cases this judge completed since 2021, by number of decisions.
Many judges hear cases from more than one court (detained facilities, video dockets, or reassignments).