A recent Board of Immigration Appeals (BIA) decision, Matter of C-I-G-M- & L-V-S-G-, 29 I&N Dec. 291 (BIA 2025), issued on October 31, 2025, provides updated guidance for asylum cases involving the Safe Third Country or Asylum Cooperative Agreement (ACA) rule. This rule is relevant for individuals who traveled through another country on their way to the United States to seek asylum.
In this case, the question was whether the U.S. government could require asylum seekers to apply for protection in Honduras instead of the United States. Under the ACA framework, if the U.S. has an agreement with another country, the government may attempt to send the person to seek asylum there first.
The BIA clarified that before an immigration judge evaluates an asylum claim, the judge must first determine whether the Safe Third Country/ACA bar applies. The asylum seeker must then be allowed to show that they would not be safe in the third country. This means they can submit evidence and testimony to show that they would be more likely than not to face harm, persecution, or torture if sent there.
This decision is important because it confirms that the Safe Third Country rule is not automatic. People still have the right to present evidence, explain their circumstances, and be heard.
If you are seeking asylum and passed through another country before entering the United States, this new ruling may affect your case. It is crucial to work with an experienced immigration attorney who can help you prepare strong, detailed evidence.If you need support, our team is here to help.
Contact Powers Law Group today to schedule a consultation.
