C.F.R. » Title 8 » CHAPTER I—DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER B—IMMIGRATION REGULATIONS › PART 244—TEMPORARY PROTECTED STATUS FOR NATIONALS OF DESIGNATED STATES

8 C.F.R. § 244.18

Issuance of charging documents; detention

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(a) A charging document may be issued against an alien granted Temporary Protected Status on grounds of deportability or excludability which would have rendered the alien statutorily ineligible for such status pursuant to §§ 244.3(c) and 244.4. Aliens shall not be deported for a particular offense for which the Service has expressly granted a waiver. If the alien is deportable on a waivable ground, and no such waiver for the charged offense has been previously granted, then the alien may seek such a waiver in deportation or exclusion proceedings. The charging document shall constitute notice to the alien that his or her status in the United States is subject to withdrawal. A final order of deportation or exclusion against an alien granted Temporary Protected Status shall constitute a withdrawal of such status.

(b) The filing of the charging document by DHS with the Immigration Court renders inapplicable any other administrative, adjudication or review of eligibility for Temporary Protected Status. The alien shall have the right to a de novo determination of his or her eligibility for Temporary Protected Status in removal proceedings pursuant to section 240 of the Act and 8 CFR 1244.18. Review by the Board of Immigration Appeals shall be the exclusive administrative appellate review procedure. If an appeal is already pending before the Administrative Appeals Office (AAO), USCIS will notify the AAO of the filing of the charging document, in which case the pending appeal shall be dismissed and the record of proceeding returned to the jurisdiction where the charging document was filed.

(c) Upon denial of Temporary Protected Status by the Administrative Appeals Unit, the Administrative Appeals Unit shall immediately forward the record of proceeding to the director having jurisdiction over the alien's place of residence. The director shall, as soon as practicable, file a charging document with the Immigration Court if the alien is then deportable or excludable under section 241(a) or section 212(a) of the Act, respectively.

(d) An alien who is determined by USCIS deportable or inadmissible upon grounds which would have rendered the alien ineligible for such status as provided in 8 CFR 244.3(c) and 8 CFR 244.4 may be detained under the provisions of this chapter pending removal proceedings. Such alien may be removed from the United States upon entry of a final order of removal.

[56 FR 619, Jan. 7, 1991, as amended at 56 FR 23498, May 22, 1991; 60 FR 34090, June 30, 1995. Redesignated at 62 FR 10367, 10382, Mar. 6, 1997, as amended at 63 FR 63597, Nov. 16, 1998; 64 FR 4782, Feb. 1, 1999; 76 FR 53792, Aug. 29, 2011]
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2007–2025 · leading case: LOPEZ-ALDANA
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LOPEZ-ALDANA (2009) bia · cites it 2× “Moreover, 8 C.F.R. §§ 244.18 (b) and 1244.18(b) (2009) provide that an alien has the right to a de novo determination of his or her eligibility for TPS in removal proceedings and that in the event that such proceedings are initiated while an appeal before the AAU is pending, the…”
BARRIENTOS (2007) bia · cites it 2× “11 (2006) (providing that if a charging document is served on an alien, the alien may renew a TPS application in the initiated proceedings); 8 C.F.R. §§ 244.18 (b), 1244.18(b) (2006) (providing that the filing of a charging document renders any other administrative review of a…”
A-S-J (2012) bia “§ 1254a(b)(5)(B); 8 C.F.R. §§ 244.18 (b), 1244.18(b) (2012).”
Goustave Jocelin v. Christopher Chestnut, et al. (2025) caed · cites it 16× “) 8 C.F.R. § 244.18 (d) provides: 12 An alien who is determined by USCIS deportable or inadmissible upon grounds which would have rendered the alien ineligible for such status as provided in 8 13 CFR 244.”
Marina Membreno Serbellon v. Eric Holder, Jr. (2013) ca5 · cites it 2× “§ 1254a(b)(5)(B); 8 C.F.R. § 244.18 (b). However, this right to de novo review applies to aliens already in removal proceedings; she has not shown that it provides an independent basis for reopening of a final order of removal.”
— 8 C.F.R. § 244.18(d) — 1 case
Goustave Jocelin v. Christopher Chestnut, et al. (2025) caed “) 8 C.F.R. § 244.18 (d) provides: 12 An alien who is determined by USCIS deportable or inadmissible upon grounds which would have rendered the alien ineligible for such status as provided in 8 13 CFR 244.”
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