Saturday, January 21st, 2017

BIA on ‘departure’ – Matter of Arrabally and Yerrabelly, ID 3748, 25 I&N Dec. 771

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"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, Apr. 17, 2012, ID 3748, 25 I&N Dec. 771.