Source: EOIR — Find an Immigration Court.
Recording an internet-based hearing is prohibited (8 C.F.R. § 1003.28). Respondents without a representative default to in-person hearings.
Background
The Honorable Immigration Judge David A Gardey earned a Bachelor of Arts in 1990 from Yale University and a Juris Doctor in 1993 from the Notre Dame Law School. He served as an assistant U.S. attorney in the Eastern District of Michigan from 2005 to 2023, holding leadership roles including special counsel and chief of major units, and previously as an assistant U.S. attorney in the Southern District of Florida from 2001 to 2005. His earlier career included supervisory and associate positions at law firms in Detroit and New York and a federal judicial clerkship. He is a member of the State Bar of Michigan and the New York State Bar.
Caseload & process (since 2021)
428
Completions per year
2,567 total
21.3%
Detained at decision
share of cases
23.4 mo
Median time to decision
from case start
5.5%
Ordered removed in absentia
person absent
25.1%
Decisions appealed to BIA
appeal rate
12%
Appeals remanded or reversed
25 appeals decided
Bond decisions
Custody redetermination (bond) rulings since 2021.
"Granted" means the judge lowered the bond, ordered release on recognizance, or otherwise granted the request.
21.6%
Bond requests granted
250 bond decisions High confidence
$10,000
Median bond when set
50 bonds with amounts
3.7%
Released on own recognizance
This judge 21.6%
Court average 62.1% · median $5,000
National 41.9% · median $6,500
Grant rates by type of relief
Share granted among merits decisions for each application type, since 2021.
Asylum
7.2%
626 decisions High confidence
Withholding / CAT
1.2%
1,108 decisions High confidence
Cancellation — 42B (non-LPR)
3.9%
51 decisions Moderate
Cancellation — 42A (LPR)
50%⚠
4 decisions Too few cases
Adjustment of status (245)
41.7%⚠
12 decisions Too few cases
Voluntary departure
84%
200 decisions High confidence
7.2%
of asylum claims granted on the merits High confidence
Based on 626 asylum decisions (grants + denials) since 2021.
This judge
7.2%
This court
27.1%
National average
31.8%
0%100% granted
In the bottom 12% 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 · 607 decisions since 2021
6.9%
Without a lawyer⚠unrepresented · 19 decisions since 2021
15.8%
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).