Understanding Matter of Delcarmen-Lara: The New Meaning of “Departure” Under INA § 212(a)(9)(B)

Understanding Matter of Delcarmen-Lara: The New Meaning of “Departure” Under INA § 212(a)(9)(B)

DACA
Family-Based
Temporary Protected Status

ddelacruz
Tue, 09/01/2026 – 14:29

Publication Date
Sep 01, 2026

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On August 13, 2026, the Board of Immigration Appeals (BIA) issued a decision on Matter of Delcarmen-Lara, that overruled Matter of Arrabally and Yerrabelly and held that travel on advance parole is now a “departure” for purposes of the unlawful presence bars at INA § 212(a)(9)(B)(i). Under this new interpretation, a person who has accrued more than 180 days of unlawful presence and then leaves the United States on advance parole will trigger the 3- or 10-year bar to admissibility. The BIA applied its holding prospectively, so trips taken before this decision was issued should not have triggered the bars. This practice advisory explains the effect of this decision and walks through the practical questions it raises for noncitizens and their advocates
 
This practice advisory was written in partnership with Path2Papers, a Project of Cornell Law School. 

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Understanding Matter of Delcarmen-Lara.pdf

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Key Highlights

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What This Means for You

This update may affect individuals and families currently receiving or applying for government assistance programs. We encourage you to review the details and consult official sources for the most accurate information.

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Read the full article at Immigrant Legal Resource Center | ILRC →

Source: Immigrant Legal Resource Center | ILRC | Published: Tue, 01 Sep 2026 21:29:16 +0000

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