Case Commentary: Matter of Arrabally and Yerrabelly, 25 I & N Dec. 771 (BIA 2012)

In this decision, the Board of Immigration Appeals (“BIA”) clarified the meaning of the word “departure” and how it relates to aliens who leave the United States temporarily pursuant to advance parole.  The BIA stated that “an alien who leaves the United States temporarily pursuant to a grant of advance parole does not thereby make a “departure . . . from the United States” within the meaning of section 212(a)(9)(B)(i)(II) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(9)(B)(i)(II) (2006). Matter of Lemus, 24 I&N Dec. 373 (BIA 2007), clarified.”  Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012).

If you would like to discuss this decision and how it may apply to your case, please contact one of the immigration attorneys at LaFountain & Wollman, P.C. for a consultation.