Judge Newberry, Robert D.

Not hearing cases: nothing for over two years

Last hearing: April 28, 2017
Next hearing: none scheduled
Last decision: September 5, 2017

Courts worked at: 3

Worked here before

DETROIT — IMMIGRATION COURT1985—2017 · 50,357 hearings
BUFFALO — IMMIGRATION COURT2012—2012 · 34 hearings
BOSTON — IMMIGRATION COURT2012—2012 · 43 hearings

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.

30%

Asylum grant rate

of 2,522 decisions · FY1987–FY2016

95% interval: 28% — 31%

granted:: 747
denied:: 1,775

The period has closed

This judge no longer hears cases, so the figure describes FY1987–FY2016 — 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 judge30% (2,522)
The whole court — DETROIT — IMMIGRATION COURT27% (14,588)
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

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
Period	decisions	granted	95% interval
FY2016	1	100%	21% — 100%
FY2015	3	0%	0% — 56%
FY2014	80	13%	7% — 22%
FY2013	90	20%	13% — 29%
FY2012	78	23%	15% — 34%
FY2011	66	21%	13% — 33%
FY2010	70	24%	16% — 35%
FY2009	105	56%	47% — 65%
FY2008	121	46%	38% — 55%
FY2007	110	35%	27% — 45%
FY2006	144	27%	20% — 35%
FY2005	140	13%	8% — 19%
FY2004	199	15%	10% — 20%
FY2003	255	36%	30% — 42%
FY2002	341	35%	30% — 40%
FY2001	274	35%	30% — 41%
FY2000	222	27%	22% — 33%
FY1999	188	30%	24% — 37%
FY1998	35	17%	8% — 33%

By applicant nationality

Grant rate by nationality, largest volumes first
Nationality	decisions	granted	95% interval
ALBANIA	522	20%	17% — 23%
IRAQ	508	67%	63% — 71%
MAURITANIA	120	8%	5% — 15%
Former Countries	120	10%	6% — 17%
CHINA	110	19%	13% — 27%
GUATEMALA	102	1%	0% — 5%
LEBANON	86	20%	13% — 29%
YEMEN	62	18%	10% — 29%
INDIA	48	10%	5% — 22%
SOMALIA	41	51%	36% — 66%
RWANDA	38	58%	42% — 72%
EL SALVADOR	31	6%	2% — 21%
BANGLADESH	30	23%	12% — 41%
MEXICO	29	0%	0% — 12%
PAKISTAN	29	14%	5% — 31%

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.

21 mo

median

half of cases: 12—35 mo

based on 2,522 cases

NTA-to-decision duration by fiscal year
Decided in	Cases	median	half of cases, mo
FY2014	80	32 mo	21—48
FY2013	90	31 mo	22—55
FY2012	78	28 mo	16—62
FY2011	66	28 mo	14—59
FY2010	70	33 mo	24—56
FY2009	105	25 mo	10—67
FY2008	121	27 mo	20—41
FY2007	110	29 mo	21—36
FY2006	144	33 mo	15—42
FY2005	140	34 mo	24—47

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 decision	Appeals
Dismiss Appeal/Affirm IJ's Decision	1,313
Remand	594
Summary Affirmance	566
Denied	557
Termination	86
Lacks Jurisdiction - BIA	74
Dismissed (Voluntary Departure Granted)	72
Summarily Dismiss	70
Background Check Remand	64
Withdrawal of Appeal	63
Other	60
SUMMARY AFFIRMANCE/VD	38
Granted	33
Dismissed (Grant V/D 30 days)	32
Sustain	30
Dismiss as Untimely	17
Temporary Protected Status	12
Administratively Closed-DHS PD	10
Administratively Closed	10
Grant with no Remand	9
Moot Bond	7
Terminate-DHS PD	6
SUMMARY DISMISSAL - BOTH (a) & (e)	4
Summary Dismissal (e) no brief	3
Continued	2
Dismiss Soriano	1
Dismissed as Moot	1

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.