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In recent years, many asylum seekers have seen their cases dismissed before they ever reach a full hearing. One of the most common reasons for this is pretermission under the Asylum Cooperative Agreement (ACA). Understanding how pretermissions work, and how the ACA affects asylum eligibility, is critical for anyone seeking protection in the United States.
What Is a Pretermission in Asylum Cases?
A pretermission occurs when an immigration judge dismisses an asylum application without considering the merits of the claim. Instead of evaluating whether an applicant qualifies for asylum, withholding of removal, or protection under the Convention Against Torture (CAT), the court determines that the applicant is legally ineligible to apply.
Pretermissions often arise when asylum seekers are subject to procedural bars, jurisdictional issues, or international agreements like the ACA.
What Is the Asylum Cooperative Agreement (ACA)?
The Asylum Cooperative Agreement was a series of agreements entered into between the United States and certain Central American countries, including Guatemala, Honduras, and El Salvador. Under these agreements, some non-citizens who passed through one of these countries on their way to the U.S. were required to seek asylum there instead of in the United States.
If the Department of Homeland Security (DHS) determined that an individual was subject to the ACA, they could be removed to a third country and barred from applying for asylum in the U.S.
How the ACA Led to Asylum Pretermissions
Under the ACA framework, immigration judges were instructed to pretermit asylum applications if:
- DHS established that the applicant transited through an ACA-designated country
- The applicant did not apply for or was denied asylum in that country
- No exceptions applied (such as fear of persecution or torture in the third country)
As a result, many asylum seekers never had the opportunity to present evidence of persecution or testify about their fear of return.
Important Changes and Legal Challenges
The ACA has been the subject of significant legal challenges and policy shifts. While the Biden administration formally terminated the agreements in 2021, many cases remain affected, especially for individuals whose proceedings began while the ACA was still in effect.
In some situations, asylum seekers may be able to:
- Challenge improper pretermissions
- Reopen or reconsider their cases
- Argue that ACA procedures were unlawfully applied
- Seek alternative forms of relief, including withholding of removal or CAT protection
Exceptions to ACA-Based Pretermissions
Not every asylum seeker was lawfully subject to the ACA. Exceptions may apply if the individual could demonstrate:
- A fear of persecution or torture in the designated third country
- Lack of access to a fair asylum system in that country
- Medical, humanitarian, or safety-related concerns
- Procedural violations or due process errors by DHS or the immigration court
Each case is highly fact-specific, and errors in ACA determinations were common.
Why Legal Representation Matters
ACA-based pretermissions are legally complex and often involve procedural mistakes that can be challenged. Many asylum seekers were not properly informed of their rights or were denied a meaningful opportunity to contest removal to a third country.
An experienced immigration attorney can:
- Review whether the ACA was correctly applied
- Identify due process violations
- File motions to reopen or appeal
- Explore other pathways to protection or relief from removal
How Maghzi Law Firm Can Help
At Maghzi Law Firm, we understand the lasting impact that ACA-related pretermissions have had on asylum seekers and their families. Our team carefully evaluates each case to determine whether prior asylum denials or dismissals can be challenged and whether alternative relief may be available.
If your asylum application was pretermitted or denied due to the Asylum Cooperative Agreement, you may still have legal options.
Contact Maghzi Law Firm today to schedule a consultation and learn how we can help you protect your rights and your future in the United States.