PRECEDENT DECISION: Matter of M-R-I-
(1) An alien who, under a grant of advance parole, returns to a country of claimed persecution has abandoned his or her application for asylum, withholding of removal, and protection under the Convention Against Torture, absent compelling reasons for the return.
(2) The application of a mandatory bar to relief is not triggered by the argument of counsel but is governed by the evidentiary record.
As the DOJ attempts to clear the asylum backlog of frivolous claims, this clears claims from aliens who are both pretending to be fleeing persecution from a country and also regularly visiting the country while retaining an asylum claim. Aliens who are fleeing persecution do not want to go visit the country.