Precedent Standard for Safe Third Country Paper-Based Pretermission Adjudications (Matter of A-C-M-)

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryUnited States

Operative dateJune 17, 2026

CategoryAsylum & refugee status / removal adjudications

Policy toolLegal interpretation / binding precedent

Affected groupAsylum seekers subject to safe third country / asylum cooperative agreements

Policy effect

The Board of Immigration Appeals established a precedent rule holding that when an alien is subject to an Asylum Cooperative Agreement (ACA) safe-third-country bar and the record lacks evidence of individualized risk of harm in the ACA receiving country, an Immigration Judge is generally not required to hold an evidentiary hearing to resolve the safe third country bar and pretermit asylum. Phase scope: Nationwide across all EOIR Immigration Court proceedings

Conditions and exceptions

Validated condition or limit: The Board of Immigration Appeals established a precedent rule holding that when an alien is subject to an Asylum Cooperative Agreement (ACA) safe-third-country bar and the record lacks evidence of individualized risk of harm in the ACA receiving country, an Immigration Judge is generally not required to hold an evidentiary hearing to resolve the safe third country bar and pretermit asylum.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

When an alien is subject to an asylum cooperative agreement (“ACA”) and the record is devoid of evidence showing the alien faces an individualized risk of harm in the ACA country of removal, it is generally unnecessary to hold an evidentiary hearing to resolve the applicability of the safe third country bar to asylum.

Executive Office for Immigration Review / Board of Immigration AppealsMatter of A-C-M-, 29 I&N Dec. 703 (BIA 2026)Open official source

Retrieved from https://justice.gov/eoir/media/1446476/dl?inline=

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record fcp5-854ab9126af06b546160. Something wrong? Flag this record.

Precedent Standard for Safe Third Country Paper-Based Pretermission Adjudications (Matter of A-C-M-)

Policy effect

Conditions and exceptions

Official source excerpt

Review method

Other United States changes operative in 2026