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Original Date Announced
November 19, 2018Through Policy Memo 19-05, the EOIR Director announces a new policy directing IJs to complete adjudication of asylum applications within 180 days "to the maximum extent practicable." The memo opines that "good cause that warrants a continuance in general does not necessarily—and in every case—constitute exceptional circumstances" that justify exceeding the I80-day deadline. It also discusses calculation of the 180-day asylum EAD clock, proper adjournments codes, and which party should be faulted for delays in adjudication.
[ID #61]
EOIR Policy Memorandum (PM 19-05): Guidance Regarding the Adjudication of Asylum Applications Consistent with INA § 208(d)(5)(A)(iii)Effective Date
November 19, 2018Biden Administration Action: Revoked/Replaced
April 18, 20222022.04.18 EOIR DM 22-05.pdf
On April 18, 2022, EOIR Director David Neal issued a Director's Memorandum rescinding the Trump-era memo mentioned in this entry.
View DocumentCurrent Status
Not in effectMost Recent Action
April 18, 2022 Action: Revoked/Replaced 2022.04.18 EOIR DM 22-05.pdfApril 18, 2022Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Asylum, Withholding and CATAssociated or Derivative Policies
- July 31, 2017 EOIR discourages IJs from granting continuances
- August 16, 2018 AG Sessions issues Matter of L-A-B-R-, restricting continuances
- November 27, 2020 EOIR proposes regs to further narrow continuances in immigration court
- January 8, 2021 EOIR Director issues guidance to restrict continuances
Pre Trump-Era Policies
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As reflected in the memo, INA § 208(d)(5)(A)(iii) mandates that "[i]n the absence of exceptional circumstances, final administrative adjudication of the asylum application, not including administrative appeal, shall be completed within 180 days after the date an application is filed." However, due the immigration-court docket's size, EOIR's limited administrative capacity, and the volume of good cause continuances granted at parties' request, EOIR has been known to take years to complete asylum cases.