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Asylum BeaconU.S. immigration court data

Judge Hurewitz, Kenneth S.

MIAMI — IMMIGRATION COURT

Not hearing cases: nothing for over two years

Last hearing
March 22, 2012
Next hearing
none scheduled
Last decision
January 3, 2012
Courts worked at: 5

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.

10%

Asylum grant rate

of 1,624 decisions · FY1996–FY2012

95% interval: 9%12%

granted:
169
denied:
1,455

The period has closed

This judge no longer hears cases, so the figure describes FY1996–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 judge10% (1,624)
  • The whole court — MIAMI — IMMIGRATION COURT8% (11,483)
  • 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%199620002003200620092012

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

Show as a table
Grant rate by fiscal year
Perioddecisionsgranted95% interval
FY2012160%0%19%
FY20111183%1%7%
FY2010683%1%10%
FY2009991%0%6%
FY2008643%1%11%
FY2007646%2%15%
FY200626419%15%25%
FY20051468%4%13%
FY20041308%5%15%
FY200318710%7%15%
FY20021578%4%13%
FY20017217%10%27%
FY20005816%8%27%
FY19994912%6%24%
FY19983915%7%30%
FY19977424%16%35%
FY19961911%3%31%

By applicant nationality

Grant rate by nationality, largest volumes first
Nationalitydecisionsgranted95% interval
HAITI5988%6%10%
CHINA17225%19%32%
COLOMBIA1479%5%15%
JAMAICA870%0%4%
CUBA659%4%19%
GUYANA524%1%13%
NICARAGUA502%0%10%
HONDURAS333%1%15%
EL SALVADOR303%1%17%
NIGERIA2627%14%46%
ALBANIA2619%9%38%
GUATEMALA250%0%13%
MEXICO250%0%13%
BRAZIL190%0%17%
BAHAMAS180%0%18%

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.

5 mo

median

half of cases: 3—7 mo

based on 1,624 cases

NTA-to-decision duration by fiscal year
Decided inCasesmedianhalf of cases, mo
FY20111186 mo49
FY2010686 mo412
FY2009997 mo510
FY2008646 mo412
FY2007646 mo59
FY20062645 mo47
FY20051464 mo36
FY20041303 mo25
FY20031873 mo35
FY20021575 mo37

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 Decision697
Summary Affirmance317
Denied212
Withdrawal of Appeal181
Remand115
Summarily Dismiss71
Lacks Jurisdiction - BIA68
Sustain61
Other31
Termination23
Moot Bond18
Background Check Remand15
Granted15
Dismiss as Untimely8
Grant with no Remand6
Dismiss Soriano5
Summary Dismissal (e) no brief5
Terminate-DHS PD3
SUMMARY AFFIRMANCE/VD3
Dismissed (Voluntary Departure Granted)2
SUMMARY DISMISSAL - BOTH (a) & (e)2
Summary Dismissal (G) untimely or waived appeal2
Dismissed as Moot1
Coercive Population Control1
Denied Soriano1
Temporary Protected Status1

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.