Will Every Asylum Applicant Receive a Full Hearing? Understanding Matter of G-R-B-
For someone seeking asylum, the immigration court hearing may represent a long-awaited opportunity to explain what happened and why returning home would be dangerous. But filing an application does not automatically guarantee a full evidentiary hearing.
A recent Board of Immigration Appeals decision highlights why preparation must begin well before the scheduled merits hearing.
What Did Matter of G-R-B- Decide?
In Matter of G-R-B-, 30 I&N Dec. 102, decided September 29, 2026, the BIA held that an immigration judge may pretermit an asylum or withholding-of-removal application without DHS first filing a motion. “Pretermit” means resolving the application before a full evidentiary hearing. Official decision
When Can an Application Be Pretermitted?
The framework comes from Matter of H-A-A-V-, 29 I&N Dec. 233 (BIA 2025): allegations viewed favorably to the applicant must establish prima facie eligibility. Material factual disputes may require a full hearing. Official decision
The preparation question is therefore concrete: do the alleged facts explain how the applicant could qualify for the protection requested?
Why the Written Application Matters
Applicants should work with counsel to make the claim understandable from the written record. A reader should be able to follow the events, identify the feared harm, and understand how those facts relate to the requested protection.
Useful preparation questions include:
Who harmed or threatened the applicant?
What happened, and when?
Why was the applicant targeted?
What does the applicant fear will happen upon return?
What documents or witnesses can support the account?
What issues need testimony to be resolved?
A declaration should tell the applicant’s own story accurately. Documents should help explain or support that account. Missing records, translation problems, or inconsistencies should be discussed with counsel so they can be addressed truthfully.
Evidence and Procedural Rights
Federal law gives applicants a reasonable opportunity to present evidence and generally places the burden of establishing eligibility on the person seeking relief. It also addresses when corroborating evidence must be supplied. 8 U.S.C. § 1229a
As a practical preparation step, organize supporting materials around the issues they address. A medical record may document an injury; a witness statement may describe an incident; country information may provide context. Counsel can assess how those materials fit the legal theory of the case.
Preparing for Questions About Legal Sufficiency
If the court identifies a possible deficiency, a focused response can explain the relevant facts, legal standard, and evidence. Where testimony is needed, counsel should identify what it would establish and why it matters.
Applicants should avoid assuming that a future hearing will provide an unlimited opportunity to fill gaps. Early review can help identify unanswered questions and prepare a clearer record. The appropriate response in any particular case depends on its facts, procedural history, and controlling law.
Contact Li Law Group
If you are applying for asylum or facing removal proceedings, contact Li Law Group to discuss your circumstances, potential legal options, and case preparation.
Call 402-224-6588 or complete our online contact form to request a consultation.
Legal Disclaimer
Attorney advertising. This article provides general educational information and is not legal advice. Reading it, contacting our office, or submitting a contact form does not, by itself, establish an attorney-client relationship. Immigration law and court interpretations may change. Available options depend on individual circumstances and the governing jurisdiction. Consult a qualified immigration attorney about your case. No outcome is guaranteed.
