Immigration Judges Can Now Pretermit Asylum Claims
Today, the BIA, or Board of Immigration Appeals, issued Matter of H—A—A—V—. They found that if the factual allegations underlying a claim for asylum, withholding of removal, or protection under the Convention Against Torture (CAT) are viewed in the light most favorable to the respondent, but do not establish prima facie eligibility for relief or protection, an immigration judge (IJ) may pretermit the applications. This can happen without a full evidentiary hearing on the merits of the claim. This plays a crucial role in such determinations. In other BIA news, on Monday, the Board of Immigration Appeals issued Matter of Garcia-Flores. They found that the IJ exceeded authority in assessing whether the respondent warranted a favorable exercise of discretion. The decisions made impact many cases.
