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 James M Mccarthy earned a Bachelor of Science in 1983 from St. John's University and a Juris Doctor in 1995 from Brooklyn Law School. He served as a senior attorney and deputy chief counsel for U.S. Immigration and Customs Enforcement in New York (2011-2017), as a senior and assistant chief counsel for ICE in Arizona (2004-2011), as an examining attorney for the New York City Department of Investigation (2000-2004), and as an assistant district attorney at the Kings County District Attorney's Office (1995-2000).
Caseload & process (since 2021)
931
Completions per year
5,584 total
4%
Detained at decision
share of cases
20.4 mo
Median time to decision
from case start
26.2%
Ordered removed in absentia
person absent
9.9%
Decisions appealed to BIA
appeal rate
2.9%
Appeals remanded or reversed
34 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.
70.5%⚠
Bond requests granted
44 bond decisions Too few cases
$10,000
Median bond when set
31 bonds with amounts
0%
Released on own recognizance
This judge 70.5%
National 41.9% · median $6,500
Grant rates by type of relief
Share granted among merits decisions for each application type, since 2021.
Asylum
40.7%
897 decisions High confidence
Withholding / CAT
5.5%
993 decisions High confidence
Cancellation — 42B (non-LPR)
75.4%
65 decisions Moderate
Cancellation — 42A (LPR)
100%⚠
2 decisions Too few cases
Adjustment of status (245)
92.3%⚠
13 decisions Too few cases
Voluntary departure
97.8%
89 decisions Moderate
40.7%
of asylum claims granted on the merits High confidence
Based on 897 asylum decisions (grants + denials) since 2021.
This judge
40.7%
This court
33.3%
National average
31.8%
0%100% granted
In the top 30% 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 · 819 decisions since 2021
43.5%
Without a lawyerunrepresented · 78 decisions since 2021
11.5%
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).