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Asylum BeaconU.S. immigration court data

Judge Burkholder, Gary D.

EL PASO — IMMIGRATION COURT

Not hearing cases: nothing for over two years

Last hearing
December 2, 2020
Next hearing
none scheduled
Last decision
December 13, 2021
Courts worked at: 12

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.

9%

Asylum grant rate

of 2,031 decisions · FY1979–FY2021

95% interval: 8%10%

granted:
183
denied:
1,848

The period has closed

This judge no longer hears cases, so the figure describes FY1979–FY2021 — 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 judge9% (2,031)
  • The whole court — EL PASO — IMMIGRATION COURT22% (4,955)
  • 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%198519921998200420102016

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

Years with fewer than 10 decisions are not plotted (5): at that sample size the percentage is noise. They remain in the table.

Show as a table
Grant rate by fiscal year
Perioddecisionsgranted95% interval
FY202110%0%79%
FY20172100%34%100%
FY20161721%0%4%
FY20151583%1%6%
FY2014674%2%12%
FY20133811%4%24%
FY2012575%2%14%
FY2011375%1%18%
FY20103412%5%27%
FY20096813%7%23%
FY20084319%10%33%
FY20076715%8%25%
FY2006339%3%24%
FY2005195%1%25%
FY20041911%3%31%
FY20033511%5%26%
FY2002385%1%17%
FY20011613%3%36%
FY20002114%5%35%
FY1999176%1%27%
FY19982010%3%30%
FY1997339%3%24%
FY19961911%3%31%
FY19951811%3%33%
FY1994452%0%12%
FY1993405%1%17%
FY19928615%9%24%
FY1991838%4%16%
FY199032919%15%23%
FY19891636%3%10%
FY1988919%5%16%
FY19871002%1%7%
FY1986492%0%11%
FY19851010%2%40%
FY198410%0%79%
FY198310%0%79%
FY198010%0%79%

By applicant nationality

Grant rate by nationality, largest volumes first
Nationalitydecisionsgranted95% interval
EL SALVADOR5473%2%5%
NICARAGUA27811%8%15%
HONDURAS2562%1%4%
MEXICO1471%0%5%
GUATEMALA1238%4%14%
CHINA992%1%7%
IRAN7132%23%44%
CUBA457%2%18%
ETHIOPIA3926%15%41%
INDIA3010%3%26%
BURMA (MYANMAR)2952%34%69%
AFGHANISTAN2365%45%81%
PHILIPPINES180%0%18%
PAKISTAN176%1%27%
NIGERIA160%0%19%

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.

10 mo

median

half of cases: 6—16 mo

based on 2,031 cases

NTA-to-decision duration by fiscal year
Decided inCasesmedianhalf of cases, mo
FY201617212 mo816
FY201515810 mo712
FY2014673 mo24
FY20133811 mo516
FY2012576 mo315
FY20113712 mo823
FY20103410 mo613
FY2009687 mo610
FY2008437 mo510
FY2007677 mo512

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 Decision1,661
Remand606
Dismissed (Grant V/D 30 days)442
Denied389
Temporary Protected Status366
Summary Affirmance331
Withdrawal of Appeal228
Granted195
Dismissed (Voluntary Departure Granted)164
Other144
Dismiss Soriano103
Lacks Jurisdiction - BIA88
Termination87
Sustain80
Summarily Dismiss68
SUMMARY AFFIRMANCE/VD46
Continued39
American Baptist Church Settlement32
Background Check Remand23
Dismiss as Untimely21
Administratively Closed21
SUMMARY DISMISSAL - BOTH (a) & (e)15
Terminate-DHS PD13
Granted Soriano12
Moot Bond11
Denied Soriano9
Administratively Closed-DHS PD8
Grant with no Remand8
Summary Dismissal (e) no brief6
Other Soriano5
Rejection4
Summary Dismissal (a) inad reason on appeal4
ADD4
Summary Dismissal (G) untimely or waived appeal2
MB1
Summary Dismissal (o) Other1
RET1

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.