Data study · EOIR records through Sep 30, 2026

DHS asked judges to deny asylum without a full hearing 6,954 times in September 2026

Two years earlier, in September 2024, it filed 51 such motions. Judges granted 80.4% of the DHS motions they decided from Oct 1, 2025 to Sep 30, 2026.

103,323
DHS motions filed, Oct 2025 – Sep 2026
77,281
decided by a judge
80.4%
of decided motions granted
55,135
denials that followed a granted motion

Findings

What the records show

136 times as many in two years. DHS filed 6,954 motions to pretermit in September 2026, up from 51 in September 2024. Monthly filings peaked at 20,140 in January 2026.

Judges granted most of them. From Oct 1, 2025 to Sep 30, 2026, judges decided 77,281 DHS motions to pretermit and granted 62,115 (80.4%).

55,135 denials followed a granted motion. That is 7.4% of the 740,272 denials immigration judges issued in the same 12 months.

Judges differ widely. Among the 589 judges who decided at least 20 of these motions, the median judge granted 86.1%. One judge in ten granted 48.7% or less; one in ten granted 98.2% or more.

So do courts. Among the 28 courts with at least 1,000 decided motions, the share granted ranged from 23.4% in New Orleans, LA to 95.3% in Seattle, WA.

By month

DHS motions to pretermit, month by month

DHS motions to pretermit asylum applications, Oct 2023 – Sep 2026Tall bars: motions DHS filed, by filing month. Inner bars: motions a judge granted, by decision month.
Filed by DHSGranted by the judge

EOIR motion records (motion type PM, filed by DHS), data through Sep 30, 2026. A month's decisions can include motions filed in earlier months.

Show the monthly numbers
MonthFiled by DHSDecidedGranted
Sep 20266,9545,6164,460
Aug 20265,0955,0454,329
Jul 20265,0525,2204,536
Jun 20264,7075,2234,284
May 20264,8365,5254,638
Apr 20265,3567,8906,066
Mar 202611,28713,21110,879
Feb 202618,16412,1999,930
Jan 202620,1409,7767,601
Dec 202514,1324,5153,335
Nov 20255,6761,8071,164
Oct 20251,9241,254893
Sep 2025862942616
Aug 20251,019668408
Jul 2025423326225
Jun 2025410359196
May 2025374271156
Apr 20251379563
Mar 2025443315
Feb 2025524826
Jan 2025715945
Dec 2024504417
Nov 2024807243
Oct 2024525432
Sep 2024513921
Aug 2024695837
Jul 2024494127
Jun 2024587038
May 2024644115
Apr 2024453921
Mar 2024523721
Feb 2024353218
Jan 2024615443
Dec 2023515024
Nov 2023634020
Oct 2023454329

Judges

How often each judge granted DHS's motion

Share of DHS motions to pretermit granted, per judge589 judges who decided at least 20 of these motions from Oct 1, 2025 to Sep 30, 2026. Each bar counts the judges in a 5-point range.
Median 86.1%
0%25%50%75%100%
Median judge
86.1%
Lowest tenth of judges
48.7% or less
Highest tenth of judges
98.2% or more
Granted 95% or more
123 judges (20.9%)
Granted half or fewer
65 judges (11.0%)

A distribution only: judges are not named. Judges with fewer than 20 decided DHS motions are left out.

Courts

Every court with at least 100 decided motions

Filed and decided from Oct 1, 2025 to Sep 30, 2026. The last column is the share of all the court's denials in the same months that followed a granted DHS motion. “—”: no denials recorded for that court in those months.

CourtDHS motions filedDecidedGrantedDenials after a granted motion
Santa Ana, CA7,0905,77483.9%24.2% of 18,821
New York City, NY6,8824,92885.6%10.7% of 35,381
Phoenix, AZ5,9623,99582.2%28.1% of 10,495
Miami, FL4,6183,93191.6%11.0% of 27,815
West Los Angeles, CA4,2523,63883.8%19.8% of 14,566
New York Broadway, NY4,0113,26181.5%13.0% of 19,173
Newark, NJ3,9882,77489.0%9.9% of 21,489
Orlando, FL3,2822,37391.8%7.2% of 27,854
Van Nuys, CA3,6122,30086.3%20.4% of 9,158
New Orleans, LA2,3442,25523.4%5.8% of 7,720
Chicago, IL3,6902,24977.0%3.4% of 45,824
Cleveland, OH2,2022,02290.5%11.1% of 14,181
Seattle, WA2,3451,79595.3%12.3% of 10,065
Baton Rouge, LA1,9251,75649.2%13.9% of 5,501
Dallas, TX2,3401,73285.3%2.3% of 60,293
Houston Greenspoint, TX1,7671,56285.3%6.5% of 18,842
Omaha, NE1,7611,47973.5%12.2% of 7,910
Atlanta, GA1,7931,47784.6%3.8% of 24,722
Charlotte, NC1,8371,47474.2%3.3% of 26,666
Hyattsville, MD1,9821,44988.6%14.3% of 8,547
Show the other 46 courts
CourtDHS motions filedDecidedGrantedDenials after a granted motion
Houston South, TX1,3641,32491.7%8.8% of 12,820
Memphis, TN1,8431,17653.1%2.3% of 21,133
Buffalo, NY1,2461,12793.6%25.9% of 4,126
North Los Angeles, CA2,1151,10885.4%11.9% of 7,384
New York Varick 5th, NY1,3851,08794.7%11.1% of 7,458
Arlington, VA1,2721,02287.4%6.1% of 12,776
Bloomington, MN1,4281,01489.5%8.9% of 9,583
Sterling, VA1,5131,00589.6%6.8% of 12,352
Houston, TX1,03993184.3%9.0% of 8,291
Indianapolis, IN1,09383792.6%6.6% of 11,222
Denver, CO1,39376266.8%5.8% of 7,651
San Francisco, CA1,51973873.2%7.0% of 6,501
Philadelphia, PA1,15867462.6%2.5% of 14,767
Conroe, TX85466882.0%6.9% of 6,703
Baltimore, MD84866687.1%6.9% of 7,894
San Antonio, TX76861075.2%1.3% of 25,433
Concord, CA1,66060860.4%3.1% of 12,273
Boston, MA71458874.7%2.7% of 10,043
Sacramento, CA59453655.2%8.1% of 2,634
Jena, LA68449774.0%5.4% of 6,063
Detroit, MI59648575.7%4.6% of 6,420
Elizabeth, NJ65146980.4%8.3% of 3,999
San Diego, CA62744280.5%13.1% of 2,453
Adelanto, CA55444066.4%5.3% of 5,050
Kansas City, MO86043487.1%4.9% of 7,046
Port Isabel, TX53843482.3%5.1% of 6,497
Portland, OR69143161.3%4.9% of 4,304
Otero, NM48643084.9%9.7% of 3,196
Eloy, AZ56540962.8%8.2% of 2,267
Laredo, TX45240961.4%4.5% of 5,332
El Paso, TX50036080.6%3.3% of 8,336
Oakdale, LA42832674.2%3.5% of 6,397
Aurora, CO50930070.3%5.7% of 3,399
Harlingen, TX43729275.7%2.4% of 6,811
Krome, FL37728778.7%6.4% of 2,690
Stewart, GA43727589.5%4.7% of 4,425
Chelmsford, MA28723277.6%2.4% of 5,501
Batavia, NY24320779.2%—
Otay Mesa, CA27520067.0%13.7% of 924
Atlanta Detained, GA23517985.5%4.7% of 2,816
El Paso Detained, TX20014955.7%1.5% of 3,957
Salt Lake City, UT17314250.7%0.7% of 7,866
Tucson, AZ16113631.6%3.9% of 794
Las Vegas, NV16912073.3%2.3% of 3,622
Florence, AZ14510778.5%6.2% of 1,314
Hartford, CT11910474.0%0.9% of 7,755

If you are in court

What this means for someone in court

A motion to pretermit asks the judge to deny an asylum application without holding the individual (merits) hearing, where you would testify. The Board of Immigration Appeals has said a judge may do this when the facts in the application, even taken as true, would not make the person eligible (Matter of H-A-A-V-, 2025). EOIR's policy memo PM 25-28 (April 2025) gives judges guidance on pretermitting applications that are legally insufficient.

The numbers on this page describe other people's cases. They do not predict what will happen in yours, and this page is not legal advice.

If DHS has filed this motion in your case, talk to a lawyer or an accredited representative as soon as you can. EOIR publishes a list of free legal service providers by court.

Definitions

What each number counts

Motion to pretermit
A request that the judge deny an asylum application without a full individual (merits) hearing, because the application is legally insufficient on its face. EOIR motion type “PM”.
Filed by DHS
Only motions filed by the Department of Homeland Security (EOIR motion code I). Motions filed by the person in proceedings are not counted.
Decided · granted
Decided = granted or denied by the judge; withdrawn or other outcomes are left out. Granted share = granted ÷ decided.
Denials
Decisions ordering removal (EOIR decision codes X and D), including orders issued in absentia. This is the “denied” count behind AsylumTracker's grant rates.
Denials after a granted motion
Denials issued after the person appeared (not in absentia) in a case where a judge had granted a DHS motion to pretermit in the 730 days before the decision.
Time window
Oct 1, 2025 to Sep 30, 2026: the last 12 complete months of EOIR data. The monthly chart starts in October 2023: filings by filing month, decisions by decision month.

Method and limits

How this was counted

  • Source: EOIR case and motion records published in the EOIR FOIA Library, loaded into AsylumTracker's database and counted on Nov 1, 2026. Data through Sep 30, 2026.
  • Only motions filed by DHS are counted. Since Matter of G-R-B- (Board of Immigration Appeals, September 29, 2026), a judge may also pretermit an application without a DHS motion; those decisions are not in these numbers.
  • EOIR records do not tie a motion to one proceeding, so motions are linked to denials by case. A case with more than one proceeding can occasionally be matched to the wrong one.
  • Later EOIR releases can add or correct records for these months, so the numbers can change.
  • These are counts, not causes. They do not account for nationality, legal representation, the facts of each case or which judge heard it.

Cite this study

Free to use, with credit

AsylumTracker, “DHS motions to pretermit asylum applications,” EOIR records through Sep 30, 2026, counted Nov 1, 2026. https://asylumtracker.com/reports/dhs-motions-to-pretermit

Free to reuse under CC BY 4.0: keep the credit and link to this page. Questions about the data or the method: [email protected]. Reporters: see the press page.