C.F.R. » Title 8 » CHAPTER V—EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE › SUBCHAPTER B—IMMIGRATION REGULATIONS › PART 1244—TEMPORARY PROTECTED STATUS FOR NATIONALS OF DESIGNATED STATES

8 C.F.R. § 1244.1

Definitions

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As used in this part:

Brief, casual, and innocent absence means a departure from the United States that satisfies the following criteria:

(1) Each such absence was of short duration and reasonably calculated to accomplish the purpose(s) for the absence;

(2) The absence was not the result of an order of deportation, an order of voluntary departure, or an administrative grant of voluntary departure without the institution of deportation proceedings; and

(3) The purposes for the absence from the United States or actions while outside of the United States were not contrary to law.

Charging document means the written instrument which initiates a proceeding before an Immigration Judge. For proceedings initiated prior to April 1, 1997, these documents include an Order to Show Cause, a Notice to Applicant for Admission Detained for Hearing before Immigration Judge, and a Notice of Intention to Rescind and Request for Hearing by Alien. For proceedings initiated after April 1, 1997, these documents include a Notice to Appear, a Notice of Referral to Immigration Judge, and a Notice of Intention to Rescind and Request for Hearing by Alien.

Continuously physically present means actual physical presence in the United States for the entire period specified in the regulations. An alien shall not be considered to have failed to maintain continuous physical presence in the United States by virtue of brief, casual, and innocent absences as defined within this section.

Continuously resided means residing in the United States for the entire period specified in the regulations. An alien shall not be considered to have failed to maintain continuous residence in the United States by reason of a brief, casual and innocent absence as defined within this section or due merely to a brief temporary trip abroad required by emergency or extenuating circumstances outside the control of the alien.

Felony means a crime committed in the United States, punishable by imprisonment for a term of more than one year, regardless of the term such alien actually served, if any, except: When the offense is defined by the State as a misdemeanor and the sentence actually imposed is one year or less regardless of the term such alien actually served. Under this exception for purposes of section 244 of the Act, the crime shall be treated as a misdemeanor.

Foreign state means any foreign country or part thereof as designated by the Attorney General pursuant to section 244 of the Act.

Misdemeanor means a crime committed in the United States, either:

(1) Punishable by imprisonment for a term of one year or less, regardless of the term such alien actually served, if any, or

(2) A crime treated as a misdemeanor under the term “felony” of this section.

For purposes of this definition, any crime punishable by imprisonment for a maximum term of five days or less shall not be considered a felony or misdemeanor.

Prima facie means eligibility established with the filing of a completed application for Temporary Protected Status containing factual information that if unrebutted will establish a claim of eligibility under section 244 of the Act.

Register means to properly file, with the director, a completed application, with proper fee, for Temporary Protected Status during the registration period designated under section 244(b) of the Act.

[56 FR 619, Jan. 7, 1991, as amended at 56 FR 23497, May 22, 1991. Redesignated at 62 FR 10367, 10382, Mar. 6, 1997, as amended at 63 FR 63595, Nov. 16, 1998; 64 FR 4781, Feb. 1, 1999]
Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 2007–2023 · leading case: Pablo Rubio v. Jefferson Sessions, III, 891 F.3d 344 (8th Cir. 2018).
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Pablo Rubio v. Jefferson Sessions, III, 891 F.3d 344 (8th Cir. 2018). · cites it 3× “8 C.F.R. § 1244.1 . In responding to public comments, the INS explained: "The definitions cited in this rule are identical to those used in other parts of Service regulations and have not been the source of confusion.”
Villanueva v. Holder, Jr., 784 F.3d 51 (1st Cir. 2015). · cites it 2× “See 8 C.F.R. § 1244.1 . The BIA's order on reconsideration makes clear that the ground for its denial of Villanueva’s TPS application was its holding that Villanueva had been convicted of an "aggravated felony,” as defined in 8 U.”
Machado Sigaran v. Barr, 970 F.3d 1 (1st Cir. 2020). “See 8 C.F.R. § 1244.1 (2). We do not read Machado's brief to argue otherwise.”
Tobar v. Garland, 65 F.4th 195 (5th Cir. 2023). · cites it 2× “” 8 C.F.R. § 1244.1 . Since obtaining TPS, Tobar has departed the United States only on one occasion, but she was out of the country for 111 days.”
Duarte-luna & Luna, 26 I. & N. Dec. 325 (BIA 2014). “According to 8 C.F.R. § 1244.1 , the phrase “[c]ontinuously physically present” means “actual physical presence in the United States for the entire period specified in the regulations,” with an exception relating to brief, casual, and innocent absences that is not relevant to…”
Juan Ventura v. Jefferson Sessions III, 690 F. App'x 142 (4th Cir. 2017). “§ 1254a(c)(2)(B)(i); 8 C.F.R. § 1244.1 (2017); see also N.C. Gen.”
Dominguez-Sanchez v. Holder (9th Cir. 2010). “401(d) 8 C.F.R. § 1244.1 government: failure to exhaust administrative remedies on claim that BIA lacks authority to order removal in the first instance Petitioner's counsel: Glen Prior Electronic record Attorney Date Closed Date al H.”
Oscar Umana-Hernandes v. Eric Holder, Jr., 538 F. App'x 298 (4th Cir. 2013). “We have thoroughly reviewed the record and Umana-Hernandes’ challenges to 8 C.F.R. § 1244.1 (2013) (defining felony for purposes of TPS eligibility) and find them without merit.”
Rican-Pimentel v. Gonzales, 245 F. App'x 728 (9th Cir. 2007). “” See 8 C.F.R. § 1244.1 . Rican-Pimentel’s misdemeanor convictions satisfy these requirements and he is therefore ineligible for TPS.”
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