Written By Juliana Uribe Gómez.
In April 2025, the Executive Office for Immigration Review (EOIR) issued Policy Memorandum PM 25-28, titled “Pretermission of Legally Insufficient Applications for Asylum.” This policy allows immigration judges to reject an asylum application (Form I-589) if they consider it “legally incomplete or insufficient,” without holding a hearing to determine that insufficiency.
This significant development in U.S. Immigration Law has raised serious concerns among advocates and legal professionals, as it fundamentally changes how asylum applications are evaluated in immigration court.
Previously, applicants had the opportunity to correct mistakes or add missing information. Now, a poorly prepared asylum form can lead directly to a deportation order—without the judge ever hearing testimony or reviewing evidence. Although the stated purpose of this policy is to speed up cases, in practice it has raised serious concerns because it limits due-process rights and may leave applicants without the chance to have their cases heard in court.
These new immigration rules are so complex that even attorneys find them challenging to navigate. Imagine how difficult it must be for someone without access to legal updates or the knowledge to apply these changes to their own case. That’s why having professional legal guidance from the very beginning is essential.
Your asylum case is your future—and your family’s—and it should not be placed in the hands of anyone without the training or license to defend it legally.
With this new order, mistakes that could once be corrected may now cost you the right to be heard before an immigration judge.
At J. Kelley Law Group, we’ve seen many cases where applicants relied on paralegals or notarios, and we were later called in to try to fix the damage. But when a form is filled out incorrectly or a declaration contains contradictions, fixing it becomes far more difficult—it must be done with extreme care so the client doesn’t appear to have “lied,” when in reality they were simply misadvised.
Sometimes, trying to save a little ends up costing much more—not only financially, but also in losing the protection you were seeking.
Remember: the hearing is your opportunity to tell your story—the one you’ve invested time, money, and hope into. Losing it means losing your chance to explain why you’re seeking asylum and to defend your right to stay in this country.
The Declaration: The Cornerstone of the Asylum Case
The personal declaration has evolved from being a supporting document to becoming an essential part of the asylum process.
In the past, Form I-589 could even be submitted without an attached declaration, since it wasn’t a required part of the form itself. That allowed many applicants to file first and complete their story later.
However, with these recent changes, the declaration now plays a central role: it must be submitted from the beginning and must be well-written, clear, and consistent with the legal grounds for asylum, withholding of removal, and protection under the Convention Against Torture (CAT).
Today, we know that a poorly written declaration can destroy a case—while a strong, well-crafted one can sustain it, even under close scrutiny by immigration authorities.
Every word must have purpose, context, and evidence to support it.
Our Firm’s Commitment
As a firm, we have adjusted our internal process to meet these new challenges. While our paralegals actively collaborate in case preparation, every declaration and application is personally reviewed by Attorney Johanna Kelley. She carefully analyzes and provides feedback on every document before submission, ensuring it aligns with the legal strategy and the latest judicial standards.
In the past, preparing a declaration often took less time because it wasn’t always required upfront. But now, we understand that doing it right from the start can make the difference between having the chance to tell your story before a judge—or receiving a deportation order without ever being heard.
That’s why we dedicate more time, more care, and more strategy to every case. Because your story deserves a serious, complete, and legally supported defense—from a team that stays informed, trained, and ready to face the daily challenges of the immigration system.
Frequently Asked Questions
1. What is the new Pretermission Order issued by EOIR in 2025?
In April 2025, the Executive Office for Immigration Review (EOIR) issued Policy Memorandum PM 25-28, allowing immigration judges to pretermit—or reject—asylum applications that are considered legally insufficient. This means a judge can deny Form I-589 without holding a hearing if the application does not meet legal requirements.
2. What does “pretermission” mean in an asylum case?
Pretermission means the immigration judge dismisses or rejects the asylum application before hearing testimony or reviewing full evidence. If a case is pretermitted, the applicant may lose the opportunity to present their story in immigration court.
3. Can an asylum application be denied without a hearing?
Yes. Under the new EOIR policy, if a judge determines that the Form I-589 is legally incomplete or insufficient, the case can be denied without a merits hearing. This significantly increases the importance of submitting a complete and properly prepared application from the beginning.
4. Why is the asylum declaration more important now?
The personal declaration has become a central part of the asylum application. It must clearly explain the legal grounds for asylum, withholding of removal, or protection under the Convention Against Torture (CAT). A weak or inconsistent declaration can result in pretermission or serious credibility issues later in court.
5. How can mistakes on Form I-589 affect my asylum case?
Errors, inconsistencies, or missing information can now lead to immediate rejection of the application. Under the new policy, applicants may not be given the opportunity to correct mistakes before a deportation order is issued. Careful preparation is essential.
6. Why is having an asylum attorney important under the new policy?
Asylum law is complex and constantly evolving. An experienced asylum attorney understands current EOIR policies, legal standards, and how to properly structure Form I-589 and the supporting declaration. Professional legal representation can reduce the risk of pretermission and protect your due-process rights.
7. What happens if my asylum case is pretermitted?
If your asylum application is pretermitted, the judge may move directly toward issuing a removal order. Depending on the circumstances, there may be options to appeal—but strict deadlines apply. Immediate legal guidance is critical in this situation.
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