Asylum in Immigration Court in 2025: Arguments Against Pretermission (Part 2)

Описание: In our last video, we discussed how the government is attempting to close immigration court cases using motions to pretermit. Today, let’s go over several key arguments you and your attorney can make to keep your case moving forward and protect your right to a full hearing.

Possible Arguments to Raise

🔹 Waiver by the Government
If the government waited years to file the motion—after you have patiently prepared for your individual hearing—you can argue that the government waived its ability to raise the issue because it was not raised earlier.

🔹 Failure to Meet Its Burden
The government must show that Honduras will provide you with a full and fair asylum process under the new agreement. You and your attorney can argue that the government has not met this burden, based on the agreement’s limitations and conditions.

🔹 Past Attempt Was Found Unenforceable
A similar agreement was introduced in 2019 and was later determined to be unenforceable. You can raise this history to argue that the government is again relying on an agreement with serious legal concerns.

Evidence You Must Provide
To strengthen your case, make sure you have:
✔️ A detailed I-589 asylum form submitted on time
✔️ A well-written asylum declaration
✔️ Supporting evidence demonstrating harm or fear of returning
✔️ Proof that your filings were received and accepted by the court
(You can check this with the court clerk or online.)

Submitting a complete, well-supported asylum packet helps show the judge that your case has merit and should not be closed without a full hearing.
If you need help preparing your response to a motion to pretermit or ensuring your asylum case is complete, our office can guide you.

For questions or help, contact us:
📞 415-745-3650
📧 [email protected]

Disclaimer: This content is shared for general educational purposes only and should not be considered legal advice. No attorney-client relationship is formed by viewing or interacting with this video. Immigration situations vary case by case. For legal guidance tailored to your circumstances, please consult with a licensed immigration attorney.

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