New York · est. 2013Thursday, September 24, 2026
Inside Immigration

Plain-language guides to US immigration, asylum and USCIS procedure.

Immigration judges

David A. Gardey

Immigration Judge, Annandale Immigration Court. Appointed August 2023.

StrictDenies far more often than the national average+32.6 points

Asylum record, FY 2021-2026

TRAC source →
Judge Gardey95.5%
Annandale court79.6%
All judges nationally62.9%
Decisions on the merits
420
Asylum granted
14
Other relief granted
5
Denied
401
Against own court
+15.9 pts
Denial rate by fiscal year
FY25FY26
95%95%

Read from TRAC's chart to the nearest point. Years with fewer than 25 decisions are not shown.

Docket

Respondents represented by counsel: 97% (nationally, 81% are represented).

Most common nationalities: Honduras (19.5%), Bolivia (13.3%), El Salvador (11.9%), Guatemala (9%), Peru (6.4%).

Official biography

David A. Gardey was appointed as an immigration judge to begin hearing cases in August 2023. Judge Gardey earned a Bachelor of Arts in 1990 from Yale University and a Juris Doctor in 1993 from the Notre Dame Law School. From 2005 to 2023, he served as an assistant U.S. attorney (AUSA) with the U.S. Attorney's Office for the Eastern District of Michigan in Detroit, in various capacities, including: special counsel to the U.S. Attorney, chief of the Public Corruption and Civil Rights Unit, and chief of the Drug Task Force Unit. From 2001 to 2005, he served as an AUSA with the U.S. Attorney's Office for the Southern District of Florida in Miami. From 1997 to 2001, he was a supervisory attorney for Butzel Long PC in Detroit, and from 1995 to 1997, he was an associate with Cravath, Swaine & Moore LLP in New York. From 1993 to 1995, he served as a judicial law clerk for the Honorable Paul V. Gadola of the U.S. District Court for the Eastern District of Michigan. Judge Gardey is a member of the State Bar of Michigan and the New York State Bar.

As published by the Executive Office for Immigration Review at appointment, via TRAC.

In the record

  • Executive Office for Immigration Review

    EOIR Announces 38 New Immigration Judges

    EOIR's notice records that David A. Gardey was appointed an immigration judge beginning August 2023 at the Annandale Immigration Court, after eighteen years as an assistant U.S. attorney in the Eastern District of Michigan.

  • MyJoyOnline · 2026-01-20

    US Justice Department working on extradition request for former finance minister - Ayine

    Ghanaian coverage of former finance minister Ken Ofori-Atta's US immigration case reports that he appeared before Immigration Judge David A. Gardey, who adjourned the bail application after government attorneys opposed release, citing a pending Ghanaian extradition request.

  • The Ghana Report · 2026-06-15

    Ofori-Atta's US immigration case set for June 15 hearing

    The Ghana Report states that Ken Ofori-Atta's removal proceedings were scheduled for a June 2026 hearing at the Annandale Immigration Court in Virginia, to be conducted virtually before Immigration Judge David A. Gardey.

Other judges at Annandale

Court page →

About these figures. Denial rates describe outcomes in the cases a judge happened to hear, which differ by detention, nationality and representation. They are not a measure of fairness or competence. Method and sources are on the judges index.