Motions to Pretermit in Immigration Court: Updates and Resources from CGRS
As the Executive Office for Immigration Review (EOIR) continues to face millions of pending cases, the Trump administration has opened the door for its adjudicators to pretermit asylum applications—deny without a full hearing—as a purported solution to the growing backlog.
Process of Pretermission in Immigration Court
DHS attorneys have been filing motions to pretermit applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT) in Immigration Court both in advance of hearings as well as orally without notice on the hearing day. If the Immigration Judge (IJ) grants the motion to pretermit, the application for relief is denied. If the IJ denies the motion, the application proceeds to be heard on the merits.
Bases for Motions to Pretermit
Motions to pretermit may be based on one or more of the following bases:
- Asylum Cooperative Agreements (ACAs): Many motions to pretermit are based on Asylum Cooperative Agreements (ACAs), which result in asylum seekers being ordered removed to unsafe third countries. DHS attorneys have been filing ACA-based motions to pretermit en masse in Immigration Court cases, claiming that the asylum applicant is subject to an existing agreement and therefore ineligible for relief. If the motion is granted, the IJ will order the applicant removed to the country named in the motion. See Matter of C-I-G-M- & L-V-S-G-, 29 I&N Dec. 291 (BIA 2025).
At present, DHS has been invoking ACAs entered into with the following countries:
Belize and Paraguay have also signed ACAs with the United States but DHS has yet to invoke them at this time.
- Incomplete Form I-589: Where an IJ determines that an applicant has not provided a specific substantive answer to every question on Form I-589 (application for asylum, withholding of removal, and CAT), an IJ may pretermit the application. See Matter of C-A-R-R-, 29 I&N Dec. 13 (BIA 2025).
- Unlikely to Establish Eligibility for Relief: In a motion to pretermit, DHS attorneys may allege that an asylum applicant has not established a reasonable likelihood of eligibility ("prima facie eligibility") for relief. See Matter of H-A-A-V-, 29 I&N Dec. 233 (BIA 2025). If an IJ grants the motion to pretermit, the application will be denied and the applicant will be ordered removed.
For information on responding to and opposing pretermissions, refer to the resources in CGRS's TA Library. See below for more information.
January 2026 - CGRS and co-counsel file replies in U.T. v. Bondi
On January 30, 2026, CGRS and co-counsel in U.T. v. Bondi file replies in support of class certification and for leave to file the second amended complaint.
January 2026 - Motions to pretermit surge
DHS files over 17,000 motions to pretermit Immigration Court cases in January 2026 alone, compared to 60 motions filed in January 2025.
December 2025 - CGRS and co-counsel file second amended complaint in U.T. v. Bondi
On December 19, 2025, CGRS and co-counsel request leave to file a second amended complaint in U.T. v. Bondi, adding 18 additional individual plaintiffs, and file a motion to certify the class. The government opposes both motions.
November 2025 - DHS publishes notice of ACA with Ecuador
DHS publishes the text of diplomatic notes exchanged between Ecuador and the United States, forming the basis of an ACA.
October 2025 - BIA issues Matter of C-I-G-M- & L-S-V-G-
On October 31, 2025, the BIA formalizes the applicability of ACA-based motions to pretermit in Matter of C-I-G-M- & L-S-V-G-, 29 I&N Dec. 291 (BIA 2025), ruling that if DHS claims that an ACA may apply, the IJ should consider whether the applicant is barred from relief before considering the merits of the asylum claim. The BIA also rules that ACAs may be applied to asylum applicants that entered the U.S. and applied for asylum before an ACA came into existence.
October 2025 - CGRS and co-counsel file amended complaint in U.T. v. Bondi
On October 15, 2025, at the request of CGRS and co-counsel, the U.S. District Court for the District of Columbia grants the motion to lift the stay in U.T. v. Bondi and accepts the first amended complaint.
September 2025 - DHS publishes notice of ACA with Uganda
DHS publishes the text of an ACA with Uganda in the Federal Register.
September 2025 - BIA issues decision in Matter of H-A-A-V-
On September 11, 2025, the BIA issues Matter of H-A-A-V-, 29 I&N Dec. 13 (BIA 2025), which allows IJs to pretermit asylum applications if they determine that the facts of the case do not establish prima facie eligibility for relief.
July 2025 - DHS publishes notices of ACAs with Honduras and Guatemala
In July 2025, DHS publishes notices in the Federal Register regarding ACAs with Honduras and Guatemala, which contain updated amendments in the form of diplomatic notes that pave the way for the DHS to remove applicants to each country.
April 2025 - EOIR releases Policy Memorandum 25-28
In EOIR PM 25-28, Acting EOIR Director Sirce Owens encourages IJs to pretermit “legally deficient” asylum applications without a full hearing.
March 2025 - BIA issues decision in Matter of C-A-R-R-
On March 17, 2025, the BIA issues Matter of C-A-R-R-, 29 I&N Dec. 13 (BIA 2025), holding that a "complete" Form I-589 requires a specific substantive answer to every question on the form.
January 2025 - Trump administration signs Executive Order 14165
Amongst various Executive Orders (EOs) issued the day the Trump administration took office was EO 14165, which directed the Secretary of State "...to facilitate additional international cooperation and agreements...including entering into agreements based upon the provisions of section 208(a)(2)(A) of the INA (8 U.S.C. 1158(a)(2)(A)) or any other applicable provision of law."
February 2021 - U.T. v. Barr held in abeyance
U.T. v. Barr is held in abeyance, starting February 2021, at the request of both parties.
February 2021 - Biden administration suspends and terminates ACAs
On February 6, 2021, the Biden administration announces the suspension and termination of the ACAs entered into by the previous Trump administration. However, the Biden administration does not rescind the Trump administration's November 2019 regulation on ACAs.
January 2021 - Senate Foreign Relations Committee reports on the Trump administration's ACAs
On January 18, 2021, the Senate Foreign Relations Committee Democratic staff release the report Cruelty, Coercion, and Legal Contortions: The Trump Administration’s Unsafe Asylum Cooperative Agreements with Guatemala, Honduras, and El Salvador. The report details how ACAs under the Trump administration posed fundamental risks to the safety of asylum seekers and led to results such as no asylum seekers receiving asylum after transfer to Guatemala.
January 2020 - CGRS and co-counsel challenge the ACA regulation in U.T. v. Barr
On January 15, 2020, CGRS and co-counsel file the complaint in U.T. v. Barr to challenge the November 2019 regulation on ACAs. Both parties submit cross motions for summary judgment but the implementation of the regulation is paused in 2020 due to the COVID-19 pandemic.
November 2019 - Trump administration issues a new regulation on ACAs
On November 19, 2019, the Trump administration issues a new regulation to implement current and future ACAs in immigration court and in expedited removal. The regulation bars applicants from receiving asylum if they are subject to an ACA.
2019 - Trump administration Signs ACAs with El Salvador, Guatemala, and Honduras
Starting in July 2019 and running through September 2019, the Trump administration signs ACAs with El Salvador, Guatemala, and Honduras under the guise of a security crisis at the southern U.S. border.
March 2018 - AG vacates the decision in Matter of E-F-H-L-
On March 5, 2018, the Attorney General vacates the decision in Matter of E-F-H-L-, 26 I&N Dec. 319 (BIA 2014), a 2014 BIA decision which had guaranteed asylum seekers the right to a hearing on their applications. The attorney general does not include any reasoning to support a conclusion that asylum seekers should not have a right to testify on their applications during a full hearing.
2026 - CGRS and co-counsel file replies in U.T. v. Bondi
On January 30, 2026, CGRS and co-counsel in U.T. v. Bondi file replies in support of class certification and for leave to file the second amended complaint.
2026 - Motions to pretermit surge
DHS files over 17,000 motions to pretermit Immigration Court cases in January 2026 alone, compared to 60 motions filed in January 2025.
2025 - CGRS and co-counsel file second amended complaint in U.T. v. Bondi
On December 19, 2025, CGRS and co-counsel request leave to file a second amended complaint in U.T. v. Bondi, adding 18 additional individual plaintiffs, and file a motion to certify the class. The government opposes both motions.
2025 - DHS publishes notice of ACA with Ecuador
DHS publishes the text of diplomatic notes exchanged between Ecuador and the United States, forming the basis of an ACA.
2025 - BIA issues Matter of C-I-G-M- & L-S-V-G-
On October 31, 2025, the BIA formalizes the applicability of ACA-based motions to pretermit in Matter of C-I-G-M- & L-S-V-G-, 29 I&N Dec. 291 (BIA 2025), ruling that if DHS claims that an ACA may apply, the IJ should consider whether the applicant is barred from relief before considering the merits of the asylum claim. The BIA also rules that ACAs may be applied to asylum applicants that entered the U.S. and applied for asylum before an ACA came into existence.
2025 - CGRS and co-counsel file amended complaint in U.T. v. Bondi
On October 15, 2025, at the request of CGRS and co-counsel, the U.S. District Court for the District of Columbia grants the motion to lift the stay in U.T. v. Bondi and accepts the first amended complaint.
2025 - DHS publishes notice of ACA with Uganda
DHS publishes the text of an ACA with Uganda in the Federal Register.
2025 - BIA issues decision in Matter of H-A-A-V-
On September 11, 2025, the BIA issues Matter of H-A-A-V-, 29 I&N Dec. 13 (BIA 2025), which allows IJs to pretermit asylum applications if they determine that the facts of the case do not establish prima facie eligibility for relief.
2025 - DHS publishes notices of ACAs with Honduras and Guatemala
In July 2025, DHS publishes notices in the Federal Register regarding ACAs with Honduras and Guatemala, which contain updated amendments in the form of diplomatic notes that pave the way for the DHS to remove applicants to each country.
2025 - EOIR releases Policy Memorandum 25-28
In EOIR PM 25-28, Acting EOIR Director Sirce Owens encourages IJs to pretermit “legally deficient” asylum applications without a full hearing.
2025 - BIA issues decision in Matter of C-A-R-R-
On March 17, 2025, the BIA issues Matter of C-A-R-R-, 29 I&N Dec. 13 (BIA 2025), holding that a "complete" Form I-589 requires a specific substantive answer to every question on the form.
2025 - Trump administration signs Executive Order 14165
Amongst various Executive Orders (EOs) issued the day the Trump administration took office was EO 14165, which directed the Secretary of State "...to facilitate additional international cooperation and agreements...including entering into agreements based upon the provisions of section 208(a)(2)(A) of the INA (8 U.S.C. 1158(a)(2)(A)) or any other applicable provision of law."
2021 - U.T. v. Barr held in abeyance
U.T. v. Barr is held in abeyance, starting February 2021, at the request of both parties.
2021 - Biden administration suspends and terminates ACAs
On February 6, 2021, the Biden administration announces the suspension and termination of the ACAs entered into by the previous Trump administration. However, the Biden administration does not rescind the Trump administration's November 2019 regulation on ACAs.
2021 - Senate Foreign Relations Committee reports on the Trump administration's ACAs
On January 18, 2021, the Senate Foreign Relations Committee Democratic staff release the report Cruelty, Coercion, and Legal Contortions: The Trump Administration’s Unsafe Asylum Cooperative Agreements with Guatemala, Honduras, and El Salvador. The report details how ACAs under the Trump administration posed fundamental risks to the safety of asylum seekers and led to results such as no asylum seekers receiving asylum after transfer to Guatemala.
2020 - CGRS and co-counsel challenge the ACA regulation in U.T. v. Barr
On January 15, 2020, CGRS and co-counsel file the complaint in U.T. v. Barr to challenge the November 2019 regulation on ACAs. Both parties submit cross motions for summary judgment but the implementation of the regulation is paused in 2020 due to the COVID-19 pandemic.
2019 - Trump administration issues a new regulation on ACAs
On November 19, 2019, the Trump administration issues a new regulation to implement current and future ACAs in immigration court and in expedited removal. The regulation bars applicants from receiving asylum if they are subject to an ACA.
2019 - Trump administration Signs ACAs with El Salvador, Guatemala, and Honduras
Starting in July 2019 and running through September 2019, the Trump administration signs ACAs with El Salvador, Guatemala, and Honduras under the guise of a security crisis at the southern U.S. border.
2018 - AG vacates the decision in Matter of E-F-H-L-
On March 5, 2018, the Attorney General vacates the decision in Matter of E-F-H-L-, 26 I&N Dec. 319 (BIA 2014), a 2014 BIA decision which had guaranteed asylum seekers the right to a hearing on their applications. The attorney general does not include any reasoning to support a conclusion that asylum seekers should not have a right to testify on their applications during a full hearing.
Explore aggregated, anonymized data on pretermission cases collected through CGRS's TA program.
CGRS shares litigation support materials through the TA Library. We regularly update the library with new resources, so check back often. Find all relevant resources in the TA Library by clicking the Pretermission filter under Other Topics.
Expert guidance on responding to motions to pretermit, such as our practice advisories Fighting for a Day in Court: Understanding and Responding to Pretermission of Asylum Applications and Responding to Asylum Cooperative Agreement-Based Pretermission and a recording of our webinar Update on Pretermission of Asylum and Related Claims.
Country-specific resources on ACA countries (Honduras, Guatemala, Ecuador, and Uganda) on harm to migrants and template opposition briefs.
Templates for responding to ACA-based motions to pretermit and sample briefs and other filings from fellow advocates.
Unpublished decisions from Immigration Judges on motions to pretermit.
CGRS's free TA resources are made possible by the contributions of fellow advocates. By reporting case outcomes, you help us track trends and produce relevant, timely, and quality resources—and assist other advocates and asylum seekers nationwide.
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CGRS is co-counsel in U.T. v. Bondi, a case challenging the government's implementation of the "safe third country" provision of the asylum statue. Click Read more for a full overview of the litigation and legal documents from the case.
