Not all immigration courts are created equal. Data from the Executive Office for Immigration Review (EOIR) reveals dramatic variation in case outcomes depending on where your case is heard. Understanding these patterns can inform legal strategy and set realistic expectations.
National Overview
Nationally, the overall rate at which immigration judges grant relief from removal has declined in recent years. As of the latest available data, the national grant rate for all forms of relief is approximately 30-35%, though this figure masks enormous variation by court, judge, and type of relief sought.
Asylum Grant Rates by Court
Asylum outcomes vary more than any other form of relief. Some courts grant asylum in over 60% of cases, while others grant it in fewer than 10%. Key findings:
- Higher grant rates: Courts in the Northeast (New York, Boston, San Francisco) historically grant asylum at higher rates
- Lower grant rates: Courts in the Southeast and Southwest (Atlanta, Houston, Charlotte) have consistently lower grant rates
- Individual judge variation: Within the same court, grant rates between judges can differ by 50 percentage points or more
Representation Makes the Difference
The single most significant factor in case outcomes is legal representation:
- Represented respondents: Approximately 5x more likely to obtain relief than unrepresented respondents
- Asylum cases: Represented applicants win asylum roughly 40% of the time; unrepresented applicants succeed roughly 10% of the time
- Detained cases: Representation rates are lowest for detained individuals, who also face the worst outcomes
In Absentia Removal Orders
Approximately 15-20% of all removal cases result in in absentia orders — meaning the respondent failed to appear at a hearing. These orders are entered automatically and are among the most difficult to reopen. Ensuring you attend every hearing is critical.
What This Data Means for Your Case
While you generally cannot choose which court hears your case (it is assigned based on your address), this data underscores several important points:
- Hire an attorney — representation dramatically improves outcomes
- Present the strongest possible case with thorough documentation
- Attend every hearing without exception
- If your case involves discretionary relief, understand that the judge’s individual tendencies matter