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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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