PRECEDENT DECISION: Matter of Milagro DELCARMEN-LARA

Board of Immigration Appeals overrules Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012), which held 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 INA, 8 U.S.C. § 1182(a)(9)(B)(i)(II) (2024). We now clarify that the term “departure” under this section of the INA does not include an exception for aliens who leave the country temporarily under a
grant of advance parole.