You Can't Go Home Again: Analyzing an Asylum Applicant's Voluntary Return Trip to His Country of Origin

Abstract

This Article examines how courts have analyzed an asylum applicant’s voluntary return to his country of origin. Part I explains the standards for I-589 relief from removal in the forms of asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Part I also analyzes the adjudication of these claims in immigration courts, including an alien’s burden of proof for I-589 relief and the evaluation of an alien’s credibility under the REAL ID Act of 2005. Part II addresses the lack of consistency among administrative immigration courts, the Board of Immigration Appeals (BIA), and the federal circuit courts of appeals when considering the effect of an alien’s voluntary return to his country of origin on his application for I-589 relief. Finally, Part III concludes that, although a voluntary return is properly considered in determining whether an alien has met his burden of proof, such trips should not be used to render an adverse credibility determination.