Matter of H-A-A-V-

BIA

29 I&N Dec. 233 (BIA 2025)

2025

Holding

If the factual allegations underlying asylum, withholding, and CAT claims, viewed in the light most favorable to the respondent, do not establish prima facie eligibility for relief or protection, an IJ may pretermit the applications without a full evidentiary hearing on the merits.

Practitioner Note

Sets out the legal sufficiency standard for pretermission. A favorable-light standard applies — the IJ must accept all alleged facts as true before concluding no relief is legally available.

Find full text

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 Case law changes — confirm this decision has not been overruled, limited, or superseded.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.