No abandonment of asylum application if declaration is absent.

On 3/17/2025, the Board of Immigration Appeals (BIA) issued a two-pronged decision,

First, noting that an immigration judge is not required to consider an application for asylum or withholding of removal on the merits if it is incomplete, and such applications may be considered waived or abandoned when an opportunity to cure has been offered.

Second, and more importantly, the BIA held that because declarations are not a constituent part of an asylum application, the Form I-589 is not incomplete, and hence an immigration judge may not find it abandoned, simply because the respondent failed to submit one. Matter of Interiano-Rosa, 25 I&N Dec. 264 (BIA 2010), reaffirmed. Matter of C–A–R–R–, 29 I&N Dec. 13 (BIA 2025). https://www.justice.gov/d9/2025-04/4087.pdf

Great Decision for the Asylum Seekers and who failed to file timely declaration.