Motion to pretermit or pretermission under Matter of H-A-A-V?
The correct phrase is “motion to pretermit,” not “motion to pretermission.” The correct case name and citation are H-A-A-V-, 29 I. & N. Dec. 233 (B.I.A. 2025).[1]
Correct Usage
- For DHS’s motion: “Motion to Pretermit Respondent’s Applications for Asylum, Withholding of Removal, and Protection Under the Convention Against Torture.”
- For the respondent’s opposition: “Respondent’s Opposition to DHS’s Motion to Pretermit.”
- In a sentence: “DHS moves to pretermit Respondent’s applications under H-A-A-V-, 29 I. & N. Dec. 233 (B.I.A. 2025).”[1]
“Pretermit” is the verb; “pretermission” is the noun. Thus, “pretermission of the applications” is appropriate when describing the procedure, but “motion to pretermit” is the terminology used in the decision.[1]
The Board held that, when the factual allegations viewed in the light most favorable to the respondent do not establish prima facie eligibility:
“[A]n Immigration Judge may pretermit the applications without a full evidentiary hearing on the merits of the claim.”[1]
If you provide the proposed caption or sentence, I can conform it to the correct terminology.