By Fuvi Kluko
The deportation case involving former Ghanaian Finance Minister Ken Ofori‑Atta has drawn national attention to the U.S. immigration judge presiding over the matter: Judge David A. Gardey of the Arlington Immigration Court. Public records paint the picture of a seasoned, hard‑line adjudicator with one of the highest asylum‑denial rates in the country.
Judge Gardey joined the immigration bench in August 2023 after nearly three decades in the American legal system. A Yale and Notre Dame graduate, he spent 22 years as a federal prosecutor, serving in senior roles including chief of Public Corruption, chief of the Drug Task Force, and special counsel to the U.S. Attorney in Michigan. His long prosecutorial career suggests a strict, evidence‑driven approach to the law.
TRAC data from 2020 through 2025 shows that Gardey denied 81.4% of asylum cases he decided , far above the national average of 58.9% and the Arlington court average of 51.5%. His caseload is dominated by applicants from Central and South America, and nearly all who appeared before him had legal representation, meaning his high denial rate cannot be explained by unrepresented respondents.
While Ofori‑Atta’s case is not an asylum claim, the same judicial temperament applies. Gardey is known for demanding strong documentation, consistent testimony, and airtight legal arguments. His background in corruption and civil‑rights prosecution also suggests he is comfortable handling politically sensitive cases.
Publicly available data does not predict outcomes, but it does indicate that Ofori‑Atta’s legal team faces a judge who is methodical, skeptical, and statistically far more likely than his peers to rule against respondents.
For now, all eyes remain on Arlington, where Judge Gardey’s courtroom will determine whether the former Ghanaian minister remains in the United States or is ordered removed.
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