Nathan Herbert at a glance
- Current role
- Assistant Chief Immigration Judge
- Current assignment
- 3 EOIR court assignments
- Jurisdiction
- New Mexico · Federal
- Judicial service
- Active
Nathan Herbert
Assistant Chief Immigration Judge · Otero Immigration Court
Official statewide and applicable court procedural guidance applies to this judge.
Available research
Asylum decisionsSourced, precomputed TRAC judge-report statistics
Biography and careerSource-attributed professional, judicial, and education record
Applicable Court Rules & Procedures10 sourced items · labeled by scope
SourcesOfficial and public records supporting this profile
Asylum decisions
Scope: These statistics cover completed asylum decisions in the linked TRAC reports, not every immigration-court matter. Methodology and limitations.
Current EOIR assignment: Otero Immigration Court; El Paso Immigration Court; Pearsall Immigration Court · TRAC report court history: El Paso Immigration Court.
Latest judge-level TRAC data: FY 2021 - 2026; data covers the first 9 months of fiscal year 2026
Current court/national context: FY 2021-2026; data covers the first 9 months of fiscal year 2026 · TRAC aggregate source. Comparators above remain matched to the judge-report period.
El Paso Immigration Court · Full · FY 2021 - 2026
FY 2021 - 2026; data covers the first 9 months of fiscal year 2026 · Report window: FY 2021 - 2026
Qualifying decisions: N=208
| Outcome | Count | Rate |
|---|---|---|
| Asylum granted | 39 | 18.8% |
| Other relief granted | 49 | 23.6% |
| Any relief grantedAsylum + other relief | 88 | 42.3% |
| Denied | 120 | 57.7% |
Rates are calculated from the displayed counts and N=208; counts sum exactly to N.
Exact annual judge-specific asylum outcome values for FY2025 and FY2026/YTD are unavailable in the linked TRAC report; no chart pixels or rates are converted into counts. Direct TRAC judge report.
Same-period comparators
| Reference | Any relief granted | Denied | Δ any relief | Δ denied |
|---|---|---|---|---|
| Immigration-court comparatorEl Paso Immigration Court | 35.7% | 64.3% | +6.6 pp | -6.6 pp |
| National comparator | 37.1% | 62.9% | +5.2 pp | -5.2 pp |
Deltas are judge minus comparator in percentage points. Each comparator uses the exact report period shown above; a newer aggregate is not substituted for judge-level data.
Representation
| Representation status | Share |
|---|---|
| Represented | 58.2% |
| Unrepresented | 41.8% |
| National unrepresented context | 18.8% |
Representation shares are reported for the qualifying decisions and are separate from outcome rates. These shares are not outcome rates.
Major nationality distribution
| Nationality | Share |
|---|---|
| Venezuela | 27.4% |
| Mexico | 14.4% |
| Cuba | 13.5% |
| Colombia | 9.6% |
| Honduras | 6.3% |
N=208. Major nationality categories named by TRAC for this judge's qualifying decisions; percentages are shares of the displayed denominator. TRAC also provides a national nationality context on the source report; no national distribution is substituted for the judge-level mix.
Same-court peer table/range
6 same-court judge reports in this period. Denial range: 36.1%–89.5%. Any-relief range: 10.5%–63.9%.
| Judge | N | Any relief granted | Denied |
|---|---|---|---|
| Allen, Janette L. | 141 | 41.1% | 58.9% |
| Bonilla, Judith F. | 319 | 63.9% | 36.1% |
| Fernandez, Lorely Ramirez | 281 | 59.1% | 40.9% |
| Holguin, Enrique A. | 294 | 10.5% | 89.5% |
| Miller, James J., Jr. | 807 | 26.4% | 73.6% |
Direct TRAC source: Judge Nathan L. Herbert FY 2021 - 2026*, El Paso Immigration Court *data covers the first 9 months of fiscal year 2026 · source/report date 2026-08-27.
Outcome rates reflect the cases appearing before the judge. Case mix, nationality, representation, procedural posture, and other factors can materially affect observed rates. These figures are descriptive historical statistics, not a rating or prediction.
Report-court and U.S. annual outcomes
Exact aggregate fiscal-year counts
| Fiscal year | El Paso Immigration Court cases (N) | El Paso Immigration Court any relief | El Paso Immigration Court denied | U.S. any relief | U.S. denied |
|---|---|---|---|---|---|
| FY2021 | 155 | 93.5% | 6.5% | 43.9% | 56.1% |
| FY2022 | 289 | 61.2% | 38.8% | 51.1% | 48.9% |
| FY2023 | 475 | 70.3% | 29.7% | 53.0% | 47.0% |
| FY2024 | 530 | 45.5% | 54.5% | 51.1% | 48.9% |
| FY2025 | 1,149 | 14.2% | 85.8% | 30.7% | 69.3% |
| FY2026 | 539 | 11.3% | 88.7% | 12.9% | 87.1% |
Precomputed from exact TRAC aggregate counts; asylum granted + other relief granted = any relief granted, and outcomes sum to N. FY2026 is year-to-date through the published source cutoff. No values are interpolated. TRAC aggregate source · retrieved 2026-08-30. Methodology.
Biography
TRAC-derived biography
- Appointment/start hearing
- August 2018
- Education
- Judge Herbert earned a Bachelor of Science degree in 2003 from Western MichiganUniversity and a Juris Doctor in 2008 from the Michigan State University College of Law.
- Prior employment
- From2015 to 2018, he was deputy chief counsel for the Office of Chief Counsel, Immigration andCustoms Enforcement (ICE), Department of Homeland Security (DHS), in San Antonio, Texas.From 2009 to 2015, he was an assistant chief counsel, Office of Chief Counsel, ICE, DHS, inDenver.
- Bar membership
- Colorado Bar
These biographical facts are attributed to the direct TRAC judge report and do not replace other authoritative profile biography. Source/report date: 2026-08-27.
Applicable Court Rules & Procedures
Filing requirements
Courtwide
For non-detained individual calendar hearings, advance filings are generally due at least 30 days before the hearing and responses are due within 10 days after the original filing; detained-case deadlines are set by the immigration judge.
For individual calendar hearings involving represented, non-detained aliens, amendments to applications for relief, additional supporting documents, updates to witness lists, and other such documents must be submitted at least thirty (30) days in advance of the individual calendar hearing.
Exhibits
Courtwide
Briefs, motions, and exhibits should use consecutive page numbers, and proposed exhibits or supporting documents should include a table of contents identifying page numbers.
All documents, including briefs, motions, and exhibits, should always be paginated by consecutive numbers placed at the bottom center or bottom right-hand corner of each page.
Witnesses
Courtwide
A witness list should identify each non-respondent witness, summarize the expected testimony, estimate its length, state the testimony language, and include a CV or resume for an expert.
A witness list should include the following information for each witness, except the respondent: the name of the witness; if applicable, the alien registration number (A number); a written summary of the testimony; the estimated length of the testimony; the language in which the witness will testify; and a curriculum vitae or resume, if called as an expert.
Interpreter Request Deadline
Courtwide
A respondent or practitioner should request an interpreter no later than 30 days before the hearing at which interpreter services will be needed.
The respondent or the respondent’s attorney / practitioner of record should request an interpreter no later than 30 days before the next hearing where the interpreter services will be needed.
Addressing The Judge
Courtwide
Address the immigration judge as “Your Honor” or “Judge,” and stand when the judge enters and exits the courtroom.
The Immigration Judge should be addressed as either “Your Honor” or “Judge __.”
Oral argument
Courtwide
Except when questioning witnesses, direct oral argument and statements to the immigration judge rather than debating the opposing party.
All oral argument and statements made during a hearing must be directed to the Immigration Judge.
Recording and broadcasting
Courtwide
Only the immigration judge may record a hearing; practitioners of record may use silent electronic devices only for immediately relevant court business and subject to the judge’s control.
No device of any kind, including cameras, video recorders, and cassette recorders, may be used by any person other than the Immigration Judge to record any part of a hearing.
Hearings
Courtwide
At an individual calendar hearing, be prepared to make opening and closing statements, raise evidentiary objections, present witnesses and evidence, and cross-examine opposing witnesses.
While the Immigration Judge decides how each hearing is conducted, parties should be prepared to:
Courtwide
If the hearing medium is uncertain or an internet-based hearing cannot be accessed, contact the hearing immigration court; unrepresented respondents default to in-person hearings.
Respondents who do not have a representative of record will always have a default hearing medium of in-person, regardless of the indication below.
Remote appearances
Courtwide
Photographing or recording any part of an internet-based immigration hearing is prohibited and may result in penalties.
Photographing or recording through the internet to capture any part of the hearing is strictly prohibited and subject to possible penalties.
Sources
DOJ EOIR current immigration judge directory
Identity source · HTML · checked August 19, 2026
View DOJ EOIR current immigration judge directory ↗