By Prime Path Immigration Law Firm Limited USA, on Immigration Updates
The Board of Immigration Appeals (BIA) ruled Thursday, September 11, 2025, that immigration judges have the authority to dismiss asylum and other removal relief claims without conducting a full evidentiary hearing when applicants fail to establish a basic case for eligibility, before the applicants have had an opportunity to testify. The decision arose from a case involving a Peruvian man (H.A.A.V.) who claimed gang extortion as grounds for asylum, withholding of removal, and protection under the UN Convention Against Torture. During a procedural hearing on May 8, the Department of Homeland Security requested case termination, and the immigration judge agreed after determining the applicant had not made a prima facie case for any requested relief.
The Board rejected H.A.A.V.'s due process challenge on appeal, finding that the immigration judge properly exercised discretion in conducting the proceedings. The decision emphasized that while the Immigration and Nationality Act generally requires evidentiary hearings, exceptions exist when no factual disputes remain. In this case, Fifth Circuit precedent does not recognize economic extortion as persecution, and the applicant's materials failed to address other forms of harm or identify qualifying social group membership. The Board concluded that the respondent received adequate due process, having been represented by counsel and given opportunity to present evidence during the hearing. The case is Matter of H-A-A-V-, 29 I&N Dec. 233 (BIA 2025).
For more information on this, and other immigration matters, contact the attorneys at Prime Path Immigration Law Firm Limited USA today.
