# Brian Counihan

Immigration Judge · [Buffalo Immigration Court](/kyj/court/ny/buffalo-immigration-court)

Last updated October 25, 2026

## Brian Counihan at a glance

Current role

Immigration Judge

Court

[Buffalo Immigration Court](/kyj/court/ny/buffalo-immigration-court)

Current assignment

[Buffalo Immigration Court](/kyj/court/ny/buffalo-immigration-court)

Jurisdiction

New York · Federal

Judicial service

Active

Historical EOIR data

## Outcomes at a glance

Total outcomes

2,345

Relief granted

28 1.2%

Denied / removal ordered

1,483 63.2%

Other / procedural

834 35.6%

National comparison for this selection: 9,249,024 outcomes; 10.0% relief granted; 52.0% denied / removal ordered; 38.0% other / procedural.

Methodology and sources

These are proceeding outcomes, not asylum application statistics. Completion years use EOIR COMP_DATE; 2026 contains partial-year data. Relief granted, denied / removal ordered and other / procedural exhaust the recorded outcomes. Groups of one are included. Historical outcomes do not establish a current assignment. Counts describe recorded cases and do not predict an individual's result.

[Official EOIR case data](https://fileshare.eoir.justice.gov/EOIR%20Case%20Data.zip) · Source date: Tue, 01 Sep 2026 14:14:27 GMT

Asylum decisions and other statistics

## Analytics

Published EOIR records include 126 asylum outcomes associated with this judge. Asylum was granted in 14 (11.1%) and denied in 112 (88.9%); 0 were other or procedural outcomes. [Explore analytics](#analytics)

## Biography

### Professional career

- Appointed as an Immigration Judge in 2023, initially at Batavia Immigration Court
- 2010-2022: Assistant Chief Counsel / Deputy Chief Counsel, OPLA/ICE, Batavia/Buffalo
- 2015-2017: Detail as Special Assistant U.S. Attorney, Western District of New York
- 2005-2010: Assistant District Attorney, Onondaga County
- 2000-2003: Assistant District Attorney, Suffolk County
- Brian Counihan is a registered attorney in New York State, admitted in 2002, and completed studies at New York Law School.
- Brian John Counihan serves as an immigration judge at the Elizabeth, NJ Immigration Court under the Executive Office for Immigration Review (EOIR), part of the U.S. Department of Justice

### Education

- New York Law School — J.D. (2000)
- Niagara University — B.A. (1997)

### Additional information

- 2003-2005: Solo practice in medical malpractice, criminal and immigration matters, New York City
- Current DOJ directory lists him at Buffalo Immigration Court.
- New York State Bar
- These statistics indicate that Judge Counihan is generally very conservative in granting asylum or other immigration relief
- Joined this position following a competitive selection process and is a career employee of EOIR.
- Employed by the Executive Office for Immigration Review, which oversees immigration courts nationwide.
- His decisions are publicly tracked and analyzed, providing transparency for attorneys and applicants regarding his historical rulings
- His professional registration and credentials are maintained through the Office of Court Administration in New York

## Sources

Identity source checked August 19, 2026 .

Biography sources checked August 19, 2026 .

### DOJ EOIR current immigration judge directory

Identity source · HTML · Source checked August 19, 2026

### EOIR Policy Manual, Part II, Chapter 2.1 - Delivery and Receipt

Courtwide source · HTML · Source checked July 30, 2026

### EOIR Policy Manual, Part II, Chapter 2.3 - Documents

### EOIR Policy Manual, Part II, Chapter 3.10 - Interpreters

### EOIR Policy Manual, Part II, Chapter 3.11 - Courtroom Decorum

### EOIR Policy Manual, Part II, Chapter 3.12 - Electronic Devices

### EOIR Policy Manual, Part II, Chapter 3.15 - Individual Calendar Hearing

### Find an Immigration Court and Access Internet-Based Hearings

### Current EOIR official staff directory

Current EOIR Official Staff Directory source · HTML · Source checked October 7, 2026

[Public Records & Data Use](/public-records-data-use) · [Corrections policy](/corrections)


## Published courtroom rules

### Shared court rules

- [EOIR Practice Manual 2.1 — Delivery and Receipt](https://knowjudges.com/courtroom-rules/national-shared-set-c9195b4f0bba01a19aa8df41) — Immigration Court proceedings only, not BIA or OCAHO. Preserve chapter-specific proceeding limits. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule. [Official source](https://www.justice.gov/eoir/policy-manual-eoir/part-II/icpm/chapter-2-1). Collected 2026-10-27.
- [EOIR Practice Manual 3.11 — Courtroom Decorum](https://knowjudges.com/courtroom-rules/national-shared-set-8d8e8e8bf80478864645291a) — Immigration Court proceedings only, not BIA or OCAHO. Preserve chapter-specific proceeding limits. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule. [Official source](https://www.justice.gov/eoir/policy-manual-eoir/part-II/icpm/chapter-3-11). Collected 2026-10-27.
- [EOIR Practice Manual 2.3 — Documents](https://knowjudges.com/courtroom-rules/national-shared-set-53ee093be24c18a5d1a93046) — Immigration Court proceedings only, not BIA or OCAHO. Preserve chapter-specific proceeding limits. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule. [Official source](https://www.justice.gov/eoir/policy-manual-eoir/part-II/icpm/chapter-2-3). Collected 2026-10-27.
