[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR244.18]

[Page 550]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 244--TEMPORARY PROTECTED STATUS FOR NATIONALS OF DESIGNATED STATES--Table of Contents
 
Sec. 244.18  Issuance of charging documents; detention.

    (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 Secs. 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 the Service 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 the deportation or 
exclusion proceedings. 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 Unit, the director 
shall notify the Administrative Appeals Unit 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 the Service to be deportable or 
excludable upon grounds which would have rendered the alien ineligible 
for such status as provided in Secs. 240.3(c) and 240.4 may be detained 
under the provisions of this chapter pending deportation or exclusion 
proceedings. Such alien may be removed from the United States upon entry 
of a final order of deportation or exclusion.

[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]

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