BIA Holds That Return to a Country of Claimed Persecution under Advance Parole Abandons the Whole Application Absent Compelling Reasons
In Matter of M–R–I–, decided on October 7, 2026, the BIA held that a noncitizen who returns to a country of claimed persecution under advance parole has abandoned their application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT), absent compelling reasons, and that mandatory bars to relief are governed by the evidentiary record, not the argument of counsel. The BIA concluded that the respondent failed to show compelling reasons for returning to Nepal, and thus dismissed the respondent’s appeal and denied the motion to remand.