The Honorable Immigration Judge Anna Diao

New York — Broadway, NY Immigration Court
Appointed November 2023 · President Joe Biden Attorney General Merrick Garland
2 years on the immigration bench
Appointed under a Democratic administration

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Background

The Honorable Immigration Judge Anna Diao earned a Bachelor of Science in 2002 from the State University of New York at Binghamton and a Juris Doctor in 2007 from Fordham University School of Law. Before her appointment, she served as an assistant district attorney with the Queens County District Attorney's Office in New York (2007-2023), including as chief of the elder fraud unit (2022-2023), supervisor of the intake bureau (2019-2022), and senior assistant district attorney in the economic and environmental crimes bureau (2014-2019).

Caseload & process (since 2021)
578
Completions per year
2,891 total
0.9%
Detained at decision
share of cases
8.1 mo
Median time to decision
from case start
36.4%
Ordered removed in absentia
person absent
14.2%
Decisions appealed to BIA
appeal rate
2.1%
Appeals remanded or reversed
95 appeals decided

Grant rates by type of relief

Share granted among merits decisions for each application type, since 2021.
Asylum
23.8% 450 decisions High confidence
Withholding / CAT
2.6% 688 decisions High confidence
Cancellation — 42B (non-LPR)
0% 6 decisions Too few cases
Cancellation — 42A (LPR)
50% 2 decisions Too few cases
Adjustment of status (245)
100% 5 decisions Too few cases
Voluntary departure
100% 36 decisions Too few cases
23.8%
of asylum claims granted on the merits High confidence
Based on 450 asylum decisions (grants + denials) since 2021.
This judge
23.8%
This court
33.3%
National average
31.8%
0%100% granted
In the bottom 47% of the 825 judges nationally with enough cases to compare.

Does a lawyer matter here?

Asylum grant rate by whether the person had legal representation.
With a lawyerrepresented · 348 decisions since 2021
26.4%
Without a lawyerunrepresented · 102 decisions since 2021
14.7%

Asylum grant rate over time

Each point is that calendar year's grant rate, back to 2015 where the judge was deciding cases — the longer career view. Dashed grey line = current national average (31.8%). Headline rates above use 2021 – today.
0% 25% 50% 75% 100%2022: 0% of 2 decisions0%20222023: 69.2% of 13 decisions69.2%20232024: 39% of 118 decisions39%20242025: 17.9% of 251 decisions17.9%20252026 (partial year): 10.6% of 66 decisions10.6%2026*
* 2026 is a partial year (data through 06/01/2026) and is incomplete.

Courts where this judge has decided cases

Hearing locations for cases this judge completed since 2021, by number of decisions. Many judges hear cases from more than one court (detained facilities, video dockets, or reassignments).
New York, NY · home court
2,854 (99%)
5 (0.17%)
5 (0.17%)
5 (0.17%)
4 (0.14%)
3 (0.10%)