Pretermission of Asylum Cases: Documenting an Asylum Case to Prevent Denial Without a Hearing

The immigration court system, the Executive Office for Immigration Review (EOIR), is currently facing a backlog of millions of cases to be heard by a limited number of immigration judges. In response, the Trump Administration has made changes that could make it harder for people to win their asylum cases.

In the past, it was common for people applying for asylum — especially those without a lawyer — to submit their application (Form I-589) with basic information and then add more evidence later. This practice stemmed from the reality that gathering documents, writing a thorough personal statement, and getting supporting documentation from the applicant’s home country would take time.

In April 2025, EOIR issued a policy memorandum encouraging immigration judges to pretermit asylum applications, meaning that judges can deny an asylum case based only on the paperwork submitted, without holding a full hearing. Then, on September 11, 2025, the Board of Immigration Appeals (BIA) issued Matter of H-A-A-V-, a decision that officially allows judges to deny asylum applications without hearing the applicant’s testimony, if the documents submitted don’t clearly show the person might qualify for asylum. In these situations, judges can order the applicant removed, unless they are eligible for other relief, such as cancellation of removal or voluntary departure. The decision contains no guidance for how, if at all, judges should provide an opportunity for the applicant to correct and supplement their application prior to the denial.

If you’ve already applied for asylum or plan to do so, talk to an immigration attorney as soon as possible. They can help determine if your case is at risk of being denied without a hearing, gather and submit the appropriate evidence early in the process, and make sure the application clearly shows you qualify for asylum.