The case of Matter of Arrabally and Yerrabelly has been finalized by the Board of Immigration Appeals (BIA).

Law Offices Jon E. Jessen LLC represented Arrabally and Yerrabelly in this case. The BIA originally issued a decision on this case on April 17, 2012 overturning the removal (deportation) orders issued by the Immigration Court against Arrabally and Yerrabelly. The Department of Homeland Security (DHS) subsequently filed a motion to reconsider the decision of the BIA. The motion filed by DHS did not challenge the decision of the BIA but requested clarification concerning the parole of an immigrant into the United States.

The case is signficant and will likely affect thousands of immigrants in the United States. Prior to Arrabally/Yerrabelly United States Citizenship and Immigration Services (USCIS), BIA and the Immigration Courts held that an immigrant who was living in the United States illegally for more that one year, and left the United States with the permission of USCIS (known as advance parole), while their green card application was pending, would be subject to deportation and no longer eligible for the green card upon their return to the U.S.

The BIA has now held, based on Arrabally/Yerrabelly, that an immigrant can no longer be subject to deportation, and continues to be eligible for the green card, as long as he or she traveled outside of the U.S. with the permission of USCIS. Matter of Arrabally and Yerrabelly