Matter of E-A-R-M-
BIA
29 I&N Dec. 746 (BIA 2026)
2026
Holding
DHS's oral motion to pretermit respondents' applications for asylum and related protection was sufficient notice of its intent to remove respondents to a third country pursuant to an asylum cooperative agreement.
Practitioner Note
DHS need not file a written motion to invoke the ACA bar — an oral motion at the hearing is procedurally sufficient to trigger ACA pretermission proceedings.
This summary describes what the tribunal held. Always verify the citation and read the full decision before relying on it. Case law changes — confirm this decision has not been overruled, limited, or superseded. Not legal advice.