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Asylum BeaconU.S. immigration court data

Judge Vomacka, Alan A.

NEW YORK — IMMIGRATION COURT

Not hearing cases: nothing for over two years

Last hearing
February 22, 2021
Next hearing
none scheduled
Last decision
December 9, 2019
Courts worked at: 13

Worked here before

The periods overlap, and that is not an error: a judge hears cases at a new court while still closing out old ones at the previous one. Each row answers "when did this judge work here", not "from when to when did they serve here".

Status is derived from the court calendar: whether the judge has hearings scheduled after the release cutoff. The EOIR release carries no personnel data, so retirement, removal, elevation to the BIA and extended absence cannot be told apart — only what the data shows is stated here. Hearings are scheduled two to three years out, so an empty calendar for a working judge is rare; for judges who went quiet in the last few months it may still be an artifact of the cutoff, which lags by about a month. The lookup table's "active" flag is not used: it disagrees with the calendar for a third of judges.

24%

Asylum grant rate

of 3,326 decisions · FY1980–FY2018

95% interval: 22%25%

granted:
785
denied:
2,541
other protection: withholding and the Convention Against Torture:
1

Withholding of removal and protection under the Convention Against Torture let a person stay, but grant no refugee status and no path to a green card. They are therefore excluded from the asylum grant rate and shown as a separate figure.

The period has closed

This judge no longer hears cases, so the figure describes FY1980–FY2018 — not what happens in the court today. Asylum rules and the mix of cases have changed since.

How this percentage is calculated
Grant rate = granted / (granted + denied). Administrative closures, withdrawals, abandonment and "not adjudicated" are excluded from the denominator. The unit of count is a decision per proceeding, not per application: applicants almost always file asylum, withholding and CAT protection together. Withholding and CAT grants are counted separately from asylum. U.S. fiscal year: October 1 – September 30.

How this compares

  • This judge24% (3,326)
  • The whole court — NEW YORK — IMMIGRATION COURT33% (22,417)
  • All U.S. courts33% (1,350,724)

This comparison does not adjust for which cases a judge was given: judges see different nationalities, different shares of detained respondents, and different rates of legal representation. A difference in percentages does not by itself mean identical cases were treated differently.

Trend by fiscal year

0%25%50%75%100%198819942000200620122018

U.S. fiscal year: October 1 – September 30.

Years with fewer than 10 decisions are not plotted (2): at that sample size the percentage is noise. They remain in the table.

Show as a table
Grant rate by fiscal year
Perioddecisionsgranted95% interval
FY201815025%19%33%
FY201714337%30%45%
FY201613038%31%47%
FY201512842%34%51%
FY201413746%38%54%
FY201314450%42%58%
FY201216348%40%55%
FY201122929%24%35%
FY201021533%27%39%
FY20097316%10%27%
FY2008924%2%11%
FY2007779%4%18%
FY20064319%10%33%
FY2005492%0%11%
FY20041400%0%3%
FY20031505%2%9%
FY20021192%0%6%
FY20011214%2%9%
FY20001808%5%13%
FY199912919%13%27%
FY1998985%2%11%
FY19974611%5%23%
FY19961436%16%61%
FY19952917%8%35%
FY19942921%10%38%
FY19936829%20%41%
FY19924427%16%42%
FY19917723%15%34%
FY199011927%20%35%
FY198914927%20%34%
FY19883915%7%30%
FY198710%0%79%
FY198210%0%79%

By applicant nationality

Grant rate by nationality, largest volumes first
Nationalitydecisionsgranted95% interval
CHINA1,21523%21%25%
EL SALVADOR2738%5%12%
NICARAGUA18818%13%24%
ALBANIA14414%9%20%
HONDURAS12021%15%29%
INDIA11414%9%22%
GUATEMALA9829%21%38%
BANGLADESH7215%9%25%
NEPAL6832%22%44%
PAKISTAN6120%12%31%
SRI LANKA4441%28%56%
ECUADOR432%0%12%
HAITI432%0%12%
GUINEA4245%31%60%
COLOMBIA359%3%22%

How long a case takes

How long it took from service of the NTA to the decision on the application, for the cases this judge has already finished.

18 mo

median

half of cases: 9—40 mo

based on 3,327 cases

NTA-to-decision duration by fiscal year
Decided inCasesmedianhalf of cases, mo
FY201815051 mo4659
FY201714345 mo3856
FY201613043 mo2666
FY201512846 mo3361
FY201413747 mo3262
FY201314538 mo2353
FY201216331 mo2145
FY201122928 mo1943
FY201021522 mo1533
FY20097319 mo1238

Duration runs from the NTA date (charging document served) to the decision on the application. Median, not mean: the distribution has a long right tail. Cases decided this year may have begun a decade ago, so duration by year of decision is not a forecast for a case filed today.

The queue

Cases with no decision yet. A different figure from the duration of completed cases: quick cases leave the queue first, so the long ones accumulate among those still waiting.

No undecided cases in this release.

What became of appeals to the BIA

An immigration judge's decision can be appealed to the Board of Immigration Appeals. This is what the Board did with those appeals. A high share of reversals and remands tells a different story than a low grant rate alone.

What became of appeals to the BIA
BIA decisionAppeals
Dismiss Appeal/Affirm IJ's Decision2,379
Denied953
Remand850
Summary Affirmance515
Withdrawal of Appeal247
Termination218
Other136
Sustain120
Dismissed (Grant V/D 30 days)116
Granted103
Temporary Protected Status100
Summarily Dismiss94
Dismiss Soriano92
Background Check Remand90
Lacks Jurisdiction - BIA67
Moot Bond39
SUMMARY AFFIRMANCE/VD28
American Baptist Church Settlement26
Dismissed (Voluntary Departure Granted)24
Coercive Population Control18
Terminate-DHS PD13
Dismiss as Untimely13
Other Soriano10
SUMMARY DISMISSAL - BOTH (a) & (e)9
Summary Dismissal (e) no brief9
Grant with no Remand9
Rejection7
Summary Dismissal (a) inad reason on appeal7
Continued6
Summary Dismissal (G) untimely or waived appeal4
Dismissed as Moot3
ROP Returned to Court to correct deficiency3
Administratively Closed3
Denied Soriano3
Administratively Closed-DHS PD3
Granted Soriano2
MB1
Summary Dismissal (o) Other1
Deferred Enforced Departure1
AFD1

Data comes from the monthly EOIR Case Data release (U.S. DOJ FOIA Library). This service is not affiliated with the U.S. government and does not provide legal advice. The data lags by roughly a month; for current case status use ACIS and Respondent Access. The source is known to have missing records, including relief applications — absent data does not mean it is absent from your case.