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Original Date Announced
April 11, 2025EOIR Acting Director Sirce E. Owen issued Policy Memorandum 25-28, which sets forth EOIR's interpretation that current law allows immigration judges to reject ("pretermit") legally deficient asylum applications without a hearing. The memo indicates immigration judges "should take . . . all appropriate action to immediately resolve cases on their docket that do not have viable legal paths for relief or protection of removal," including through pretermission.
Trump 2.0 [ID #1676]
2025.04.11 EOIR PM 25-28 - Pretermission of Legally Insufficient Applications for AsylumEffective Date
April 11, 2025Subsequent Trump and Court Action
October 31, 20252025.10.31 Interim Decision - Matter of C-I-G-M- & L-V-S-G-
The Board of Immigration Appeals (BIA) issued a precedent decision in Matter of C-I-G-M- & L-V-S-G- holding that asylum applications may be pretermitted when there is an ACA in place. The respondents are asylum seekers from Guatemala. DHS had filed a motion to pretermit the lead respondent's applications for asylum, withholding of removal, and protections under the Convention Against Torture, arguing that she is ineligible to apply for asylum and related relief because she may be removed to Honduras under the Honduras ACA.
The BIA ruled that the ACA with Honduras bars the respondent's asylum application, and that the "Immigration Judge erred in determining that the ACA with Honduras does not apply to the respondent based solely on counsel's representations that the respondent fears being harmed there and generalized evidence of country conditions in Honduras." The BIA also ruled that the respondent is properly subject to the ACA with Honduras, even though the ACA was not implemented until after she filed for asylum in the United States.
View DocumentCurrent Status
NoneOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Asylum, Withholding and CATAgencies Affected: EOIRAssociated or Derivative Policies
- September 25, 2019 United States and Honduras sign Asylum Cooperative Agreement
- December 1, 2020 EOIR Director creates master calendar rules specifically for non-detained, represented cases
- January 27, 2025 Acting EOIR Director issues PM 25-02 to restore EOIR "core values" and Policy Manual
- January 29, 2025 EOIR Acting Director Reinstates Trump Memo on Pro Bono Representation
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
EOIR PM 25-28
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Subsequent Action
Original Source:
Interim Decision - Matter of C-I-G-M- & L-V-S-G-
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