Board of Immigration Appeals Temporary Protected Status

BIA issues decision Matter of Padilla Rodriguez, 28 I&N Dec. 164 (BIA 2020)

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The Board of Immigration Appeals decided a new precedential decision on November 23, 2020. This decision, Matter of Padilla Rodriguez, relates to termination of immigration proceedings for individuals with Temporary Protected Status. The case summary provided by the BIA is:

(1) Where the temporary protected status (“TPS”) of an alien who was previously present in the United States without being admitted or paroled is terminated, the alien remains inadmissible under section 212(a)(6)(A)(i) of the Immigration and Nationality Act, 8‍ U.S.C. §‍ 1182(a)(6)(A)(i) (2018), and removal proceedings should not be terminated.

(2) An alien whose TPS continues to be valid is considered to be “admitted” for purposes of establishing eligibility for adjustment of status only within the jurisdictions of the United States Courts of Appeals for the Sixth, Eighth, and Ninth Circuits.

Matter of Padilla Rodriguez, 28 I&N Dec. 164 (BIA 2020)

Click here to read Matter of Padilla Rodriguez, 28 I&N Dec. 164.