Judge Brian Counihan (Newark, NJ) approved 5.7% of decisions at final hearings over 5 years — 439 such decisions in total. National average: 34.9%. Average in this court: 7.9%.
This judge's approval rate is 29.2 pp lower than the national average and 2.2 pp lower than the court average. Among active judges nationwide with 50 or more decisions at final hearings, this judge ranks #602 of 698 by all-time approval rate (#1 approves most often).
At final hearings with this judge, applicants with an attorney were approved in 8.0% of decisions, without an attorney — in 1.3%. 65.8% of applicants had an attorney.
Over 5 years, judge Brian Counihan completed 2,091 cases. Decisions at the final hearing (approval or denial): 439; the rest are decisions at preliminary hearings, in-absentia removals, denials without a hearing, closed, terminated and other cases.
The median time from the start of a case to the decision with this judge is 18 mo.: half of the cases are decided faster, half take longer.
For new removal cases, this judge's first master hearing is set on average (median) 10 days after the case is filed with the court. Court average: 12 days. Nationwide: 46 days.
If the case was transferred to this court from another one (change of venue), this judge's first hearing is set on average (median) 9 days after the transfer. Court average: 11 days. Nationwide: 48 days.
This judge sets the final (individual) hearing on average (median) 37 days after the master hearing; for half of cases, 21 days to 50 days. Court average: 35 days. Nationwide: 12 mo. The judge already has 48 final hearings scheduled; 95% of them are before the end of 2026.
In absentia (the person did not come to the hearing), removal was ordered in 11.2% of all cases; without a merits hearing (pretermission), 1.7% were denied. These cases are not part of the approval rate.
Newark, NJ. Court page lists all judges of this court and their approval rates.
This is EOIR data (Executive Office for Immigration Review, US Department of Justice) released under the Freedom of Information Act (FOIA), as of September 30, 2026. How the figures are calculated — see “How we calculate”.
Counihan, Brian, immigration judge (Newark, NJ). Asylum and other protection-from-removal approval rate at final hearings over 5 years: 5.7%, with 439 such decisions. National average: 34.9%. Court average: 7.9%. Rank among 698 active judges nationwide by all-time approval rate at final hearings: 602. Share of applicants with an attorney: 65.8%.
