Temporary Procted Status – Parent’s Continuous Physical Presence & Continuous Residence Cannot Be Imputed To A Child

Matter of Ingrid Carolina DUARTE-LUNA, Respondent
Matter of Bessy Beatriz LUNA, Respondent
Decided June 20, 2014
U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals
A parent’s continuous physical presence and continuous residence in the United States cannot be imputed to a child for purposes of establishing the child’s eligibility for Temporary Protected Status.
In a decision dated August 25, 2009, an Immigration Judge granted respondents’ applications for Temporary Protected Status (“TPS”) section 244(a) of the Immigration and Nationality Act, 8 U.S.C. § (2006). The Department of Homeland Security (“DHS”) has appealed that decision. The respondents oppose the appeal. The appeal will sustained, and the record will be remanded to the Immigration Judge.
The respondents, who are natives and citizens of El Salvador, are two
sisters whose mother was granted TPS in 2001. Both respondents arrived
in the United States as minors on August 24, 2003, and were served with
notices to appear 2 days later. They subsequently filed applications for
TPS in 2005, and removal proceedings were administratively closed while
their applications were pending. The respondents’ applications were
denied and their appeals were dismissed. They subsequently filed renewed
applications, all of which were denied. Removal proceedings were then
recalendared… Click here.

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