BIA Holds That a Departure Pursuant to Advance Parole Is a “Departure” Under INA §212(a)(9)(B)(i)(II), Overruling Arrabally and Yerrabelly
Today, the BIA decided in Matter of Delcarmen-Lara to overrule Matter of Arrabally and Yerrabelly, holding that departure from the United States pursuant to a grant of advance parole is a “departure” under INA § 212(a)(9)(B)(i)(II). The BIA held that the new rule applies prospectively and concluded that the respondent had not shown that reopening proceedings to pursue adjustment of status was warranted because her motion was untimely and number-barred and did not present an exceptional situation warranting sua sponte reopening.