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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 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)
  2. Effective Date

    November 19, 2018
  4. Biden Administration Action: Revoked/Replaced

    April 18, 2022

    2022.04.18 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 Document

Current Status

Not in effect

Most Recent Action

April 18, 2022 Action: Revoked/Replaced 2022.04.18 EOIR DM 22-05.pdf
April 18, 2022
Acted on by Biden Administration

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 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.

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