Brian Counihan at a glance
- Current role
- Immigration Judge
- Court
- Buffalo Immigration Court
- Jurisdiction
- New York · Federal
- Judicial service
- Active
Brian Counihan
Immigration Judge · Buffalo Immigration Court
Available research
Courtroom rules and guidance
Individual Hearing Filing Deadlines
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.EOIR Policy Manual, Part II, Chapter 2.1 - Delivery and Receipt ↗
Exhibit Pagination And Index
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.EOIR Policy Manual, Part II, Chapter 2.3 - Documents ↗
Witness List Contents
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.EOIR Policy Manual, Part II, Chapter 2.3 - Documents ↗
Interpreter Request Deadline
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.EOIR Policy Manual, Part II, Chapter 3.10 - Interpreters ↗
Addressing The Judge
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 __.”EOIR Policy Manual, Part II, Chapter 3.11 - Courtroom Decorum ↗
Oral Argument Direction
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.EOIR Policy Manual, Part II, Chapter 3.11 - Courtroom Decorum ↗
Recording And Electronic Devices
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.EOIR Policy Manual, Part II, Chapter 3.12 - Electronic Devices ↗
Individual Hearing Presentation
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:EOIR Policy Manual, Part II, Chapter 3.15 - Individual Calendar Hearing ↗
Hearing Mode Confirmation
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.Find an Immigration Court and Access Internet-Based Hearings ↗
Internet Hearing Recording
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.Find an Immigration Court and Access Internet-Based Hearings ↗
Sources
DOJ EOIR current immigration judge directory
Identity source · HTML · checked August 19, 2026
https://www.justice.gov/eoir/find-immigration-court-and-access-internet-based-hearingsEOIR Policy Manual, Part II, Chapter 2.1 - Delivery and Receipt
Judge research source · HTML · checked July 30, 2026
https://www.justice.gov/eoir/policy-manual-eoir/part-II/icpm/chapter-2-1EOIR Policy Manual, Part II, Chapter 2.3 - Documents
Judge research source · HTML · checked July 30, 2026
https://www.justice.gov/eoir/policy-manual-eoir/part-II/icpm/chapter-2-3EOIR Policy Manual, Part II, Chapter 3.10 - Interpreters
Judge research source · HTML · checked July 30, 2026
https://www.justice.gov/eoir/policy-manual-eoir/part-II/icpm/chapter-3-10EOIR Policy Manual, Part II, Chapter 3.11 - Courtroom Decorum
Judge research source · HTML · checked July 30, 2026
https://www.justice.gov/eoir/policy-manual-eoir/part-II/icpm/chapter-3-11EOIR Policy Manual, Part II, Chapter 3.12 - Electronic Devices
Judge research source · HTML · checked July 30, 2026
https://www.justice.gov/eoir/policy-manual-eoir/part-II/icpm/chapter-3-12EOIR Policy Manual, Part II, Chapter 3.15 - Individual Calendar Hearing
Judge research source · HTML · checked July 30, 2026
https://www.justice.gov/eoir/policy-manual-eoir/part-II/icpm/chapter-3-15Find an Immigration Court and Access Internet-Based Hearings
Judge research source · HTML · checked July 30, 2026
https://www.justice.gov/eoir/find-immigration-court-and-access-internet-based-hearings