Deleting all occurrences of an element from a list

Trying to write a procedure that given a value and a list, it deletes all the occurence of that value in the list a wrote:

delMember(X, [], []) :- !.
delMember(X, [X|Xs], Y) :- !, delMember(X, Xs, Y).
delMember(X, [T|Xs], Y) :- !, delMember(X, Xs, Y2), append([T], Y2, Y).

Since the cut this code cannot answer correctly queries like:

delMember(Y, [1,2,3,1,2,3,1,2,3], [1, 2, 1, 2, 1, 2 ]).

If I delete the cuts:

delMember(X, [], []).
delMember(X, [X|Xs], Y) :- delMember(X, Xs, Y).
delMember(X, [T|Xs], Y) :- delMember(X, Xs, Y2), append([T], Y2, Y).

it fail in queries like:

delMember(Y, [1,2,3,1,2,3,1,2,3], [1,2,3,1,2,3,1,2,3]).

(returns true , when the correct answer is false).

How can I make it works in both situations?

Maybe I can check that X is not T in the third line of code, I tried:

delMember(X, [T|Xs], Y) :- not(X = T), delMember(X, Xs, Y2), append([T], Y2, Y).

but it does not work.