Many people seeking asylum in the United States are shocked to learn that the government can try to end their asylum case without ever reaching the merits. This is done through something called a Motion to Pretermit.
A Motion to Pretermit is a request by the government asking the Immigration Judge to dismiss or terminate an asylum application before a full hearing, often without hearing testimony or considering all evidence. These motions are becoming increasingly common—and increasingly aggressive.
How Motions to Pretermit Are Being Used Today
Traditionally, motions to pretermit focused on technical issues, such as:
- Missing filing deadlines
- Prior denials
- Failure to meet statutory eligibility requirements
Today, however, the government is also using Motions to Pretermit to:
- Terminate asylum cases entirely, and
- Send individuals to a third country—a country they may have never lived in, do not have protection in, and may fear returning to.
This means someone who applied for asylum in the United States could be told: “You don’t get to apply here. You must seek protection somewhere else.”
Third-Country Removal: A Dangerous Shortcut
In some cases, the government argues that a person can be removed to a third country under a bilateral or regional agreement—even if that country has not affirmatively agreed to accept them and even if the person has a well-documented fear of harm there.
This is extremely serious because:
- The person may face violence, persecution, or torture in the third country
- The third country may lack functioning asylum protections
- The agreement may be misapplied or misunderstood
- The decision may be based on speculation, not evidence
How We Fight Motions to Pretermit
Motions to Pretermit are not automatic wins for the government. They can—and often should—be challenged. At our firm, we fight these motions by:
- Challenging procedural defects and due process violations
- Demonstrating that the government’s interpretation of third-country agreements is legally incorrect
- Showing that removal to a third country would violate U.S. law, regulations, and international obligations
- Presenting evidence of country conditions, including gender-based violence, police corruption, and impunity
- Arguing that fear-based claims must be evaluated before termination—not ignored
Every case is fact-specific. A well-prepared response can mean the difference between:
- Being removed without a hearing, or
- Being allowed to fully present your asylum claim
Why Legal Representation Is Critical
A Motion to Pretermit is not just paperwork—it is a direct attempt to end your case. Without legal counsel:
- Deadlines may be missed
- Critical arguments may never be raised
- Country-condition evidence may not be properly submitted
- Procedural rights may be waived unintentionally
With proper legal representation, many individuals are able to:
- Defeat the motion
- Keep their asylum case alive
- Prevent unlawful third-country removal
Do Not Ignore a Motion to Pretermit
If you or a loved one has received a Motion to Pretermit, time matters. These motions often come with short deadlines and serious consequences.
An experienced immigration attorney can evaluate:
- Whether the motion is legally valid
- Whether the third-country argument applies
- What defenses and objections are available
- The best strategy to protect your rights
Seeking legal advice early can save your case.
If you have questions about Motions to Pretermit, asylum termination, or third-country removal, contact our office to schedule a confidential consultation.