Pretermission Without Full Hearing
An IJ may pretermit asylum, withholding, and CAT applications if the factual allegations, viewed most favorably to the respondent, do not establish prima facie eligibility.
Cases — Pretermission Without Full Hearing
29 I&N Dec. 233 (BIA 2025) · 2025
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.
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.
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