BIA Holds Immigration Judges May Pretermit Asylum Applications Without a DHS Motion

The Board of Immigration Appeals, in a precedent decision, has held that an Immigration Judge may pretermit — that is, deny without a hearing — an asylum or withholding of removal application that fails to establish a prima facie case for relief, even absent a motion from DHS. The Board reasoned that because applicants bear the burden of establishing eligibility under INA § 240(c)(4), a hearing is unnecessary where it is apparent at the outset that the evidence submitted does not meet the statutory standard, and that Immigration Judges retain broad discretion over how to manage their proceedings.

Applying that standard here, the Board found the respondent had neither alleged past persecution nor presented evidence of a future risk of persecution on account of a protected ground and affirmed the pretermission of the application without a hearing.

The full text of Matter of G-R-B- can be found here: https://www.justice.gov/eoir/media/1463256/dl?inline

BIA Finds Pending I-130s Do Not Justify Deferring Asylum Pretermission Ruling

The Board of Immigration Appeals has held that potential eligibility for collateral relief is not a valid reason to deny or postpone consideration of DHS’s motion to pretermit asylum applications. The respondents, Belizean nationals, had pending I-130 petitions, and the Immigration Judge denied DHS’s pretermission motion without reaching its merits.

The Board sustained DHS’s interlocutory appeal. It held that possible future eligibility for another form of relief does not affect the legal sufficiency of an asylum application, particularly where the Immigration Judge lacks authority to adjudicate the collateral relief at issue. The case was remanded for the Immigration Judge to decide the pretermission motion on its merits.

The full text of Matter of T-A-G- can be found here: https://www.justice.gov/eoir/media/1449081/dl?inline

BIA Permits IJ to Pretermit Asylum Claim without Evidentiary Hearing

The Board of Immigration Appeals has determined that an Immigration Judge may pretermit an asylum claim without an evidentiary hearing if the facts of the claim are undisputed and do not make out prima facie eligibility for relief.

The full text of Matter of. H-A-A-V- can be found here:

https://www.justice.gov/eoir/media/1413846/dl?inline