Source: EOIR — Find an Immigration Court.
Recording an internet-based hearing is prohibited (8 C.F.R. § 1003.28). Respondents without a representative default to in-person hearings.
Background
The Honorable Immigration Judge Brian Counihan earned a Bachelor of Arts in 1997 from Niagara University and a Juris Doctor in 2000 from New York Law School. Before his appointment, he served as an assistant chief counsel and deputy chief counsel with U.S. Immigration and Customs Enforcement in Batavia and Buffalo, New York (2010-2022), including a detail as a special assistant U.S. attorney for the Western District of New York (2015-2017); as an assistant district attorney with the Onondaga County District Attorney's Office in Syracuse (2005-2010); as a solo practitioner in New York City (2003-2005); and as an assistant district attorney with the Suffolk County District Attorney's Office (2000-2003).
Caseload & process (since 2021)
924
Completions per year
3,698 total
54.3%
Detained at decision
share of cases
4.2 mo
Median time to decision
from case start
7.9%
Ordered removed in absentia
person absent
4.3%
Decisions appealed to BIA
appeal rate
21.7%
Appeals remanded or reversed
120 appeals decided
Bond decisions
Custody redetermination (bond) rulings since 2021.
"Granted" means the judge lowered the bond, ordered release on recognizance, or otherwise granted the request.
36.1%
Bond requests granted
479 bond decisions High confidence
$12,000
Median bond when set
177 bonds with amounts
0.6%
Released on own recognizance
This judge 36.1%
Court average 41.7% · median $10,000
National 41.9% · median $6,500
Grant rates by type of relief
Share granted among merits decisions for each application type, since 2021.
Asylum
11.5%
122 decisions Moderate
Withholding / CAT
1%
305 decisions High confidence
Cancellation — 42B (non-LPR)
10.5%⚠
19 decisions Too few cases
Cancellation — 42A (LPR)
28.6%⚠
7 decisions Too few cases
Adjustment of status (245)
0%⚠
6 decisions Too few cases
Voluntary departure
86.4%
566 decisions High confidence
11.5%
of asylum claims granted on the merits Moderate
Based on 122 asylum decisions (grants + denials) since 2021.
This judge
11.5%
This court
13.2%
National average
31.8%
0%100% granted
In the bottom 22% 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 · 84 decisions since 2021
13.1%
Without a lawyer⚠unrepresented · 38 decisions since 2021
7.9%
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.
* 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).