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Asylum BeaconU.S. immigration court data

Judge Durling, Walter A.

BUFFALO — IMMIGRATION COURT

Not hearing cases: nothing for over two years

Last hearing
December 29, 2017
Next hearing
none scheduled
Last decision
January 9, 2019
Courts worked at: 7

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.

29%

Asylum grant rate

of 1,332 decisions · FY1986–FY2018

95% interval: 27%32%

granted:
388
denied:
944
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 FY1986–FY2018 — 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 judge29% (1,332)
  • The whole court — BUFFALO — IMMIGRATION COURT25% (7,028)
  • 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%199419982003200820132018

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
Perioddecisionsgranted95% interval
FY20182040%22%61%
FY201711025%17%33%
FY20165032%21%46%
FY20155431%21%45%
FY20143531%19%48%
FY20132715%6%32%
FY20122917%8%35%
FY2011316%2%21%
FY20101911%3%31%
FY20093614%6%29%
FY20085433%22%47%
FY20075545%33%58%
FY20064624%14%38%
FY20055411%5%22%
FY200410523%16%32%
FY20038728%19%38%
FY20029539%30%49%
FY20016529%20%41%
FY20008721%14%30%
FY19993913%6%27%
FY19984732%20%46%
FY19978756%46%66%
FY19964060%45%74%
FY19953642%27%58%
FY1994215%1%23%
FY199320%0%66%
FY199110%0%79%

By applicant nationality

Grant rate by nationality, largest volumes first
Nationalitydecisionsgranted95% interval
CHINA12924%17%32%
HAITI9013%8%22%
NIGERIA5929%19%41%
GUATEMALA5721%12%33%
HONDURAS4721%12%35%
EL SALVADOR4418%10%32%
JAMAICA3915%7%30%
MEXICO3511%5%26%
LIBERIA3426%15%43%
IRAQ3488%73%95%
ERITREA3250%34%66%
DOMINICAN REPUBLIC316%2%21%
SOMALIA3161%44%76%
SRI LANKA2955%38%72%
UKRAINE2839%24%58%

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.

7 mo

median

half of cases: 4—14 mo

based on 1,333 cases

NTA-to-decision duration by fiscal year
Decided inCasesmedianhalf of cases, mo
FY20171104 mo37
FY2016504 mo310
FY2015546 mo410
FY2014365 mo37
FY2011317 mo514
FY2009368 mo713
FY2008548 mo519
FY2007556 mo49
FY2006467 mo418
FY20055411 mo526

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 Decision1,442
Remand722
Denied382
Sustain353
Summary Affirmance264
Withdrawal of Appeal263
Moot Bond151
Lacks Jurisdiction - BIA134
Other124
Background Check Remand97
Granted48
Dismissed (Grant V/D 30 days)47
Termination45
Dismiss Soriano34
Summarily Dismiss33
Dismissed (Voluntary Departure Granted)30
Grant with no Remand17
Dismiss as Untimely16
Rejection10
Summary Dismissal (e) no brief5
Coercive Population Control5
MB5
Administratively Closed4
SUMMARY AFFIRMANCE/VD4
Continued3
Dismissed as Moot3
Denied Soriano3
Granted Soriano2
Other Soriano2
Temporary Protected Status2
Deferred Enforced Departure1
Administratively Closed-DHS PD1
Summary Dismissal (o) Other1
SUMMARY DISMISSAL - BOTH (a) & (e)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.