If you've applied for asylum and your case was denied before you ever had a chance to tell your story to a judge, you may have been the victim of a practice called pretermission. This is happening more frequently in 2025 and 2026, and it's a serious violation of your rights.
What Is Pretermission?
Pretermission occurs when an immigration judge denies your asylum application based solely on the paperwork--without letting you testify or present evidence at a hearing. The government argues that your written application doesn't meet the legal standard, so there's no point in hearing your case.
This approach has been aggressively encouraged since April 2025 under a policy memorandum called PM 25-28, which directs immigration judges to deny weak asylum cases quickly. The Board of Immigration Appeals reinforced this in Matter of C-A-R-R- (March 2025), which allows judges to pretermit cases where the written application doesn't establish a legal basis for asylum.
Why This Violates Your Rights
The law is clear: you have the right to a hearing. Under INA 240(b)(4)(B), you are entitled to present evidence and cross-examine witnesses. Under INA 208(b)(1)(B)(ii), your testimony alone can be enough to establish eligibility for asylum if it is credible.
The regulations also require the government to give you 30 days to fix deficiencies in your application before denying it (8 C.F.R. 1208.3(c)(3)). Many pretermission orders skip this step entirely.
As the Board of Immigration Appeals recognized in Matter of Fefe, applicants have a fundamental right to testify. Denying that right without a valid legal basis violates due process under the Fifth Amendment.
How We Fight Back
If your case was pretermitted, you have options:
- Motion to Reconsider - Ask the immigration judge to reverse the decision based on legal error
- Appeal to the Board of Immigration Appeals - Challenge the decision at a higher level
- Motion to Reopen - If circumstances have changed or new evidence is available
Our firm has successfully fought pretermission orders and won the right to a hearing for our clients. We know the regulations, we know the case law, and we know how to hold the government accountable when it cuts corners.
Don't Make These Mistakes
When you receive a pretermission order, you may be tempted to:
- Give up because 'they already decided.' Wrong. You have appeal rights. A denial is not the final word.
- Pay someone who isn't a lawyer to file paperwork for you. Many people in our community have been victimized by notarios and 'immigration consultants' who take money for worthless filings--or worse, filings that hurt your case.
- File something yourself based on advice from Facebook groups or WhatsApp. Immigration appeals have strict deadlines and technical requirements. One mistake can cost you everything.
- Wait to see what happens. Wrong. You typically have only 30 days to appeal. Every day you wait is a day less to build your case.
The appeals window is short. Don't waste it on bad options.
Your Story Deserves to Be Heard
If your asylum application was denied without a hearing, time is critical. You typically have 30 days to file an appeal--and the clock started when you received that order.
Contact Bardavid Law today for an emergency consultation. We'll review your pretermission order, explain your options, and fight for your right to tell your story to a judge.
Free consultation in English, Spanish, French, Creole, or Mandarin. Call (212) 219-3244.
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Joshua E. Bardavid
Immigration attorney at Bardavid Law, P.C. with years of experience helping clients navigate the U.S. immigration system.