In the period analyzed, Bain granted asylum in 53 percent of the cases she heard, ranking in the top 10 percent of judges. And she granted asylum in 4 of the 8 cases she heard from Gambia. But Jallow knew nothing of these differences when she was randomly assigned to Jankun. Before the hearing began in May 1997, Jankun ruled that he would not consider the documents that Jallow had gathered as evidence. Those documents included a letter from the secretary general of the Interparliamentary Union in Geneva, expressing the organization's concern about Jallow's father.
Many judges interpret the rule liberally.
Jankun did not. Because Jallow's deadline fell on a Sunday, his lawyer filed the documents the next day. Jankun then ruled they could not be admitted. During the hearing, Jankun further restricted Jallow's case, cutting off her testimony about the abuses faced by her father. At the close of testimony, Jankun denied her application for asylum and ordered her returned to Gambia.