BIA Overrules Matter of Arrabally
The BIA decisions are coming fast and furious so it's understandable if you happened to miss Matter of Delcarmen-Lara, 29 I&N Dec 830 (BIA 2026). But it's one you may want to know about before the Fall semester begins.
In this decision, the BIA explicitly overrules Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012):
The issue before us—the meaning of “departure” under the INA—is a matter of statutory construction. See, e.g., Lemus II, 25 I&N Dec. at 740. Based on our interpretation of the plain statutory language, we now conclude that a departure from the United States pursuant to a grant of advance parole is a “departure” within the meaning of section 212(a)(9)(B)(i)(II) of the INA, 8 U.S.C. § 1182(a)(9)(B)(i)(II). ....
This holding comports with the natural meaning of “departure,” as well as the Government’s longstanding interpretation of the term prior to Matter of Arrabally and Yerrabelly. Accordingly, Matter of Arrabally and Yerrabelly is overruled.
