8 C.F.R. § 244.1

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 76 cases (11 in the last 5 years), 1961–2026 · leading case: Gilma Esperanza Estrada-Posadas v. U.S. Immigration and Naturalization Service

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Gilma Esperanza Estrada-Posadas v. U.S. Immigration and Naturalization Service (1991) ca9 · cites it 2× “Ill Estrada contends in the alternative that the immigration judge should have granted her voluntary departure in lieu of deportation pursuant to 8 C.F.R. § 244.1 (1990). The decision to grant or deny a request for voluntary departure is a matter wholly within the discretion of…”

Graham Ramsay v. U.S. Immigration & Naturalization Service (1994) ca4 · cites it 2× “8 C.F.R. §§ 244.1 , 244.2. Determining an alien’s eligibility for voluntary departure or an extension thereof requires the following factual findings: (a) the alien “is, and has been a person of good moral character for at least five years immediately preceding [the] application…”

Harold George Dinnall v. Alberto Gonzales, Attorney General of the United States of America (2005) ca3 · cites it 2× “The law when Din-nall illegally reentered the country barred aliens such as Dinnall who departed the United States under an order of deportation from returning to the United States for five years.”

Mohammad Nademi v. Immigration and Naturalization Service, Faragollah Sadegh-Pour v. Immigration and Naturalization Serv (1982) ca10 · cites it 4× “The immigration judge denied this request and limited voluntary departure to 15 days on the basis of the regulation here challenged, 8 C.F.R. § 244.1 (1981). The Board of Immigration Appeals dismissed his appeal and he then filed a petition in this court for review of the…”

Mehdi Abedini v. U.S. Immigration and Naturalization Service (1992) ca9 “After finding Abedini ineligible for political asylum, the Board addressed and ultimately rejected Abedini’s request for voluntary departure.”

Cristina Galeas Castaneda v. Immigration & Naturalization Service (1994) ca10 “§ 1254 (e)(1), 8 C.F.R. § 244.1 ). 4 . These courts emphasize that the discretionary award of voluntaiy departure carries with it significant consequences beyond a slightly extended stay in the United States.”

Abdolreza Shahla v. Immigration and Naturalization Service (1984) ca9 · cites it 3× “Third, Shahla contends that the amendment to 8 C.F.R. § 244.1 (1981), which limited to fifteen days the time an Iranian national could be granted for voluntary departure, is invalid because (1) the Commissioner of the INS lacked the authority to promulgate the amendment and (2)…”

Francesco Foti, A/K/A Frank Foti v. Immigration and Naturalization Service (1962) ca2 · cites it 4× “9 When the 1961 Act was adopted, 8 C.F.R. 244.1 provided that 'Pursuant to Part 242 of this chapter and section 244 of the Act, a special inquiry officer in his discretion may authorize the suspension of an alien's deportation, or authorize an alien to depart voluntarily from…”

Malek Abdullah Malek-Marzban and Badry Malek-Marzban v. Immigration and Naturalization Service (1981) ca4 · cites it 2× “The time during which they could be permitted voluntarily to depart the United States was affected by the April 25, 1980 amendment of 8 C.F.R. § 244.1 , one of several amendments promulgated by the INS in response to the taking of American hostages in Iran.”

Merced Hernandez-Rivera and Carlota Garcia-Vasquez v. Immigration and Naturalization Service (1980) ca9 “8 C.F.R. § 244.1 (1979). The decision as to how much time is in fact given for voluntary departure is also within the discretion of the immigration judge.”

Jens Michelson v. Immigration and Naturalization Service (1990) ca10 “While petitioner contended that he could raise $500 to $1,000 to leave the United States, the immigration judge chose to exercise his discretion against voluntary departure on the basis of the second requirement. The petitioner had stayed beyond his temporary admittance to the…”

Nadereh Abedi-Tajrishi v. Immigration & Naturalization Service (1985) ca9 · cites it 2× “Abedi-Tajrishi also contends that 8 C.F.R. § 244.1 (1981), which limited to fifteen days the time an Iranian national could be granted to depart the country voluntarily, is unconstitutional.”

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