Matter of C-A-R-R-, 29 I&N Dec. (BIA 2025)

8 C.F.R. Section 1208.3(c)(3) Immigration Judges not required to consider merits of incomplete Form I-589 Application for Asylum and Withholding of Removal lacking declaration if pro per Respondent had prior opportunities to cure. The absence of a declaration, however, cannot be the sole basis of deeming the asylum application waived.

Asylum dismissals

8 U.S.C. Section 1158(a)(1) allows any noncitizen present in the U.S., regardless of legal status, to apply for asylum.

8 U.S.C. Section 1225(b) sets forth a separate mechanism to apply for asylum if the applicant is subject to expedited removal (ER). ER was one way to “quicken” group deportations near borders. ER only applied to those not admitted or paroled into the U.S.

Coalition for Humane Immigrant Rights, et al. v. Noem recently held it unlawful to place those who “legally entered” into ER proceedings. Yet U.S. Citizenship and Immigration Services (USCIS) has retroactively applied ER to asylum seekers the Department of Homeland Security (DHS) previously admitted or paroled in.

Summary dismissals of “affirmative” asylums in favor of ER saves the Service time in having to review what are often weak applications but adds an extra step by requiring asylum officers to conduct credible fear interviews (CFI). CFIs do not always take place immediately after a person is detained. Even if the outcome is favorable and USCIS refers the applicant to immigration court, the person remains detained during the course of proceedings.