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Asylum BeaconU.S. immigration court data

Judge Speer, John K.

NEW YORK — IMMIGRATION COURT

Not hearing cases: nothing for over two years

Last hearing
July 24, 2007
Next hearing
none scheduled
Last decision
July 24, 2007
Courts worked at: 3

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.

21%

Asylum grant rate

of 2,182 decisions · FY1969–FY1999

95% interval: 19%23%

granted:
458
denied:
1,724

The period has closed

This judge no longer hears cases, so the figure describes FY1969–FY1999 — 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 judge21% (2,182)
  • The whole court — NEW YORK — IMMIGRATION COURT57% (230,016)
  • 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%19861990199319961999

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

Years with fewer than 10 decisions are not plotted (4): at that sample size the percentage is noise. They remain in the table.

Show as a table
Grant rate by fiscal year
Perioddecisionsgranted95% interval
FY199917715%11%21%
FY199819224%19%31%
FY199716513%9%19%
FY19961687%4%11%
FY19952709%6%12%
FY19942914%2%7%
FY199320628%22%34%
FY199216548%40%55%
FY19919551%41%60%
FY199011436%28%45%
FY19896133%22%45%
FY198810241%32%51%
FY198712419%13%27%
FY19863110%3%25%
FY198580%0%32%
FY198450%0%43%
FY198310%0%79%
FY1982729%8%64%

By applicant nationality

Grant rate by nationality, largest volumes first
Nationalitydecisionsgranted95% interval
CHINA8106%5%8%
AFGHANISTAN26083%78%87%
EL SALVADOR2032%1%6%
INDIA1355%3%10%
Former Countries10243%34%53%
PAKISTAN986%3%13%
BANGLADESH622%0%9%
MAURITANIA4910%4%22%
NICARAGUA4511%5%23%
GHANA4127%16%42%
HAITI290%0%12%
GUATEMALA274%1%18%
ALBANIA2030%15%52%
NO NATIONALITY2050%30%70%
POLAND1822%9%45%

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.

19 mo

median

half of cases: 13—28 mo

based on 2,182 cases

NTA-to-decision duration by fiscal year
Decided inCasesmedianhalf of cases, mo
FY199917717 mo1128
FY199819213 mo1220
FY199716511 mo1028
FY199616825 mo1835
FY199527025 mo1930
FY199429121 mo1825
FY199320621 mo1728
FY199216516 mo1321
FY19919518 mo1426
FY199011415 mo1217

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 Decision858
Remand539
Denied392
Dismissed (Grant V/D 30 days)252
Granted164
Sustain123
Termination109
Temporary Protected Status98
Withdrawal of Appeal96
Other89
SUMMARY AFFIRMANCE/VD47
Coercive Population Control44
Summary Affirmance37
Dismiss Soriano31
Continued16
Dismiss as Untimely15
Summarily Dismiss14
Lacks Jurisdiction - BIA11
SUMMARY DISMISSAL - BOTH (a) & (e)10
American Baptist Church Settlement9
Granted Soriano9
Deferred Enforced Departure8
Summary Dismissal (e) no brief7
Terminate-DHS PD5
Rejection5
Conditional Grant--CPC Asylum4
Denied Soriano3
Dismissed (Voluntary Departure Granted)2
Summary Dismissal (a) inad reason on appeal2
Grant with no Remand1
Background Check Remand1
Summary Dismissal (o) Other1

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.