Since January 2025, there’s been significant expansion in the reasons behind the pretermission of asylum cases by immigration judges (IJs) and the Department of Homeland Security (DHS). The Board of Immigration Appeals (BIA) recently affirmed that IJs may deny applications that, even when viewed in the light most favorable to the respondent, don’t establish prima facie eligibility for asylum.

This means IJs can ignore, turn down, or deny asylum claims without examining them. Spanish-speaking asylum speakers are at particular risk of pretermission. Knowing what reasons allow IJs to ignore or deny asylum claims is critical.

Recently, the BIA held that IJs may pretermit asylum applications or withholding of removal applications without reviewing it. If the undisputed facts of an asylum case don’t establish eligibility, pretermission doesn’t violate an asylum seeker’s right to due process. However, there have been many instances where IJs don’t adhere to the new BIA standards. In some instances IJs won’t hear asylum cases even if the applicant’s counsel advises them to do so, directly contradicting the BIA’s instructions.

Avoiding Pretermission

Individuals can decrease the chances that their asylum cases aren’t prematurely dismissed by:

• Treating the I-589 form as the centerpiece of the claim and completing it in its’ totality before submission.
• Submitting clear and detailed declarations that prove the fear of persecution or harm in one’s home country is well-founded.
• Submit as much supporting documentation as possible, like identity documents or other forms of corroborating evidence.
• Challenging any procedural irregularities during asylum hearings.
• Build a strong legal record grounded in asylum law and catalogue flawed legal reasoning on procedural shortcuts that violate an asylum seeker’s right to due process.

As always, Immigration USA actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, please contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws and policy updates. In an ever-evolving immigration landscape, we’re with you every step of the way.