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Asylum BeaconU.S. immigration court data

Judge Solow, Bruce W.

MIAMI — IMMIGRATION COURT

Not hearing cases: nothing for over two years

Last hearing
July 27, 2012
Next hearing
none scheduled
Last decision
February 15, 2012
Courts worked at: 9

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.

18%

Asylum grant rate

of 5,513 decisions · FY1985–FY2012

95% interval: 17%19%

granted:
999
denied:
4,514
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 FY1985–FY2012 — 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 judge18% (5,513)
  • The whole court — MIAMI — IMMIGRATION COURT19% (104,037)
  • 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%198619921997200220072012

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

Years with fewer than 10 decisions are not plotted (1): at that sample size the percentage is noise. They remain in the table.

Show as a table
Grant rate by fiscal year
Perioddecisionsgranted95% interval
FY20122650%32%68%
FY20118050%39%61%
FY201010143%33%52%
FY200914532%25%40%
FY200825128%23%34%
FY200723131%25%37%
FY200629120%16%25%
FY200542814%11%18%
FY200439822%18%26%
FY200325721%17%27%
FY200222826%21%32%
FY200117616%11%22%
FY200013917%11%24%
FY199911710%6%17%
FY199811517%12%25%
FY199712212%8%19%
FY199612617%11%24%
FY199511413%8%21%
FY199416427%21%35%
FY19931658%5%14%
FY199219511%7%16%
FY199123614%10%19%
FY19903604%2%6%
FY198942017%13%21%
FY198848012%9%15%
FY1987303%1%17%
FY19861127%4%13%
FY198560%0%39%

By applicant nationality

Grant rate by nationality, largest volumes first
Nationalitydecisionsgranted95% interval
HAITI1,65813%12%15%
NICARAGUA1,20613%11%15%
COLOMBIA80727%24%30%
CUBA58616%13%19%
VENEZUELA31432%27%37%
PERU15614%10%20%
GUATEMALA1374%2%8%
EL SALVADOR1114%1%9%
CHINA8744%34%54%
HONDURAS536%2%15%
RUSSIA4065%50%78%
UNKNOWN NATIONALITY3116%7%33%
ARGENTINA2119%8%40%
IRAN1822%9%45%
ARMENIA1765%41%83%

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.

17 mo

median

half of cases: 11—28 mo

based on 5,514 cases

NTA-to-decision duration by fiscal year
Decided inCasesmedianhalf of cases, mo
FY20118126 mo1243
FY201010131 mo1948
FY200914528 mo2137
FY200825126 mo1742
FY200723123 mo1434
FY200629121 mo1528
FY200542822 mo1435
FY200439823 mo1732
FY200325720 mo1529
FY200222816 mo1120

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 Decision2,350
Remand1,379
Denied982
Dismissed (Grant V/D 30 days)783
Granted429
Summary Affirmance329
Withdrawal of Appeal194
Other148
Lacks Jurisdiction - BIA123
Summarily Dismiss107
Temporary Protected Status100
SUMMARY AFFIRMANCE/VD98
Termination84
Deferred Enforced Departure76
Dismissed (Voluntary Departure Granted)55
Sustain47
Terminate-DHS PD46
Dismiss as Untimely41
American Baptist Church Settlement28
Background Check Remand24
Dismiss Soriano21
Rejection15
Continued11
Summary Dismissal (a) inad reason on appeal10
Summary Dismissal (e) no brief10
Grant with no Remand6
SUMMARY DISMISSAL - BOTH (a) & (e)4
Dismissed as Moot3
Coercive Population Control3
Other Soriano3
Granted Soriano2
AFD1
Conditional Grant--CPC Asylum1
SPECIAL NACARA CONTINUATION1
Summary Dismissal (G) untimely or waived appeal1

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.