Two procedural precedents from the Board of Immigration Appeals in the fall of 2026 affect how asylum and related cases move through immigration court.
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Matter of G-R-B-: pretermission on the judge's own initiative
In Matter of G-R-B-, 30 I&N Dec. 102 (BIA 2026), decided September 29, 2026, the Board held that an Immigration Judge may pretermit an application for asylum and withholding of removal without a motion by DHS. Pretermission means the judge decides the application without a full evidentiary hearing because the application does not state a prima facie claim.
The respondent, a citizen of Mexico, feared harm from private actors because of his race and a proposed particular social group. On May 5, 2026, the Immigration Judge pretermitted his applications for asylum, withholding and CAT protection. The Board affirmed the pretermission of asylum and withholding because he did not set forth prima facie claims, relying on Matter of H-A-A-V-, 29 I&N Dec. 233 (BIA 2025). The decision notes that he did not allege any prior harm on account of his race.
Why it matters
An asylum application can now be decided on the papers, at the judge's initiative, before the applicant testifies. The written application and attachments must carry the claim. Under 8 U.S.C. § 1158, the burden is on the applicant to establish eligibility, and an incomplete Form I-589 leaves nothing for a hearing to develop.
Matter of C-M-H-H-: what happens after a remand
In Matter of C-M-H-H-, 30 I&N Dec. 124 (BIA 2026), decided October 2, 2026, the Board held that it does not retain jurisdiction after remanding the record to the Immigration Court, clarifying Matter of Patel (BIA 1978). It also held that the Immigration Judge's issuance of a new decision on remand without holding another hearing did not violate the remand order or deprive the respondent of due process.
Why it matters
After a remand, the case belongs to the Immigration Judge. A new hearing is not guaranteed. If the respondent has new evidence or needs to testify again, the request should be made promptly and in writing to the Immigration Court, with an explanation of why the remand order requires it. A new decision on remand can then be appealed to the Board in the ordinary way.
Practical checklist for asylum applicants
- Write a complete declaration that describes each incident of harm, who caused it, why, and what happened when protection was sought.
- Attach corroborating evidence when the application is filed, not at the last hearing.
- Explain any particular social group in specific terms tied to the facts.
- Address criminal history and bars directly; see asylum, withholding and CAT with a criminal record.
- Nationals of 40 developed democracies face an additional limit after Matter of B-S-A-N-.
Appeals after pretermission
A pretermission order is appealable to the Board. Our guides to what happens when a BIA appeal is denied and BIA appeals explain the process and deadlines. For a roundup of how federal courts handled delay cases in the same period, see summer and autumn 2026 mandamus decisions.
Related Guides on This Site
See also The Basics of BIA Notice of Appeal Understanding the Process. See also BIA Appeal Processing Time 2024 Understanding the Delays and Solutions. See also What is the BIA Appeal Processing Time in 2024.
Disclosure: Criminal Immigration Law collaborates with the law firm that publishes Mandamus.com and N600K.com; some articles link to their guides. General information only, not legal advice.
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