En esta noticia
Asylum seekers who travel back to the country they fled could lose their pending protection claims under a new immigration ruling. The decision, issued by the Board of Immigration Appeals (BIA) on October 7, 2026, clarifies the consequences of returning to a country where a person claims to face persecution.
The ruling applies to asylum applicants who leave the United States and return to the country they fled while their cases are pending.
Returning to your home country could end your asylum claims
The case involved a man from Nepal who had applied for asylum in the United States. He received advance parole, which allowed him to travel abroad, and returned to Nepal for about two months in 2016.
He explained that he needed to visit his family because of his mother’s health problems and the effects of an earthquake. However, the BIA found that his reasons were not compelling enough to justify the trip.
As a result, the board determined that he had abandoned his asylum application and other requests for protection.
What exceptions can asylum seekers claim?
Under the ruling, returning to the country where someone fears persecution can be considered evidence that they have abandoned their request for protection.
However, applicants may argue that compelling reasons forced them to return. The circumstances of each case matter when determining whether the trip should count as an abandonment of the application.
The decision also clarifies that the consequences can extend beyond asylum to withholding of removal and protection under the Convention Against Torture.