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EOIR Director orders IJs to adjudicate asylum claims within 180 days

  1. Original Date Announced

    November 19, 2018

    Through Policy Memo 19-05, the EOIR Director announces a new policy that directs IJs to complete adjudication of asylum applications within 180 days "to the maximum extent practicable." The Director's 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. The memo also discusses the calculation of the 180-day asylum EAD clock, the proper adjournments codes, and which party should be faulted for the delay 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)
  2. Effective Date

    November 19, 2018

Current Status

Fully in Effect

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Subject Matter: Asylum, Withholding and CAT
Agencies Affected: ICE EOIR

Pre Trump-Era Policies

  • 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 to the size of the immigration court docket, EOIR's limited administrative capacity, and the volume of good cause continuances granted at the request of parties, EOIR has been known to take years to complete the case of an asylum-seeker.

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