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. § 1244.4

Ineligible aliens

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An alien is ineligible for Temporary Protected Status if the alien:

(a) Has been convicted of any felony or two or more misdemeanors, as defined in § 1244.1, committed in the United States, or

(b) Is an alien described in section 208(b)(2)(A) 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 63596, Nov. 16, 1998; 85 FR 80401, Dec. 11, 2020]
Notes of Decisions
Cited in 7 cases, 2005–2018 · leading case: Sosa Ventura, 25 I. & N. Dec. 391 (BIA 2010).
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Sosa Ventura, 25 I. & N. Dec. 391 (BIA 2010). · cites it 2× “See also 8 C.F.R. § 1244.4 (2010).3 Because the respondent has been granted TPS, her inadmissibility has been waived for the specific purposes of the TPS statutory scheme.”
Ribelino Avendano v. Eric H. Holder, Jr., 770 F.3d 731 (8th Cir. 2014). · cites it 2× “The Board explained that Avendano was ineligible for temporary protected status as a consequence of his felony conviction, 8 C.F.R. § 1244.4 (a), and rejected any claim for relief under the Convention Against Torture as inadequately alleged.”
Pablo Rubio v. Jefferson Sessions, III, 891 F.3d 344 (8th Cir. 2018). “§ 1254a(c)(2)(B)(i) ; see 8 C.F.R. § 1244.4 (a). The statute does not define "misdemeanor," but the term is defined in the Attorney General's TPS regulations: Misdemeanor means a crime committed in the United States, either: (1) Punishable by imprisonment for a term of one year…”
Erick Giovanni Sandoval v. U.S. Atty. Gen., 150 F. App'x 970 (11th Cir. 2005). “8 C.F.R. § 1244.4 (a). 2 . The INS’s successor, the Department of Homeland Security, filed the motion.”
Ernesto Alonso Mejia Rodriguez v. U.S. Dept. (11th Cir. 2011). “8 C.F.R. § 1244.4 . Ernesto Alonzo Mejia Rodriguez (Mejia), a native and citizen of Honduras, was denied renewal of his TPS in 2005 when the DHS’s Citizenship and Immigration Service (CIS) concluded that he was ineligible because of his misdemeanor convictions.”
Misael Garcis v. U.S. Attorney Gen., 494 F. App'x 29 (11th Cir. 2012). “§ 1254a(c)(2)(B)(i); 8 C.F.R. § 1244.4 (a). The Attorney General must withdraw temporary protected status that was granted to an alien if the alien is, in fact, ineligible for temporary protected status.”
Ernesto Alonso Mejia Rodriguez v. U.S. Dept. (11th Cir. 2011). “8 C.F.R. § 1244.4 . Ernesto Alonzo Mejia Rodriguez (Mejia), a native and citizen of Honduras, was denied renewal of his TPS in 2005 when the DHS’s Citizenship and Immigration Service (CIS) concluded that he was ineligible because of his misdemeanor convictions.”
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