[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR244.14]

[Page 487-488]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
 
PART 244_TEMPORARY PROTECTED STATUS FOR NATIONALS OF DESIGNATED STATES
--Table of Contents
 
Sec. 244.14  Withdrawal of Temporary Protected Status.

    (a) Authority of director. The director may withdraw the status of 
an alien granted Temporary Protected Status under section 244 of the Act 
at any time upon the occurrence of any of the following:
    (1) The alien was not in fact eligible at the time such status was 
granted, or at any time thereafter becomes ineligible for such status;
    (2) The alien has not remained continuously physically present in 
the United States from the date the alien was first granted Temporary 
Protected Status under this part. For the purpose of this provision, an 
alien granted Temporary Protected Status under this part shall be deemed 
not to have failed to maintain continuous physical presence in the 
United States if the alien departs the United States after first 
obtaining permission from the district director to travel pursuant to 
Sec. 244.15;
    (3) The alien fails without good cause to register with the Attorney 
General annually within thirty (30) days before the end of each 12-month 
period after the granting of Temporary Protected Status.
    (b) Decision by director. (1) Withdrawal of an alien's status under 
paragraph (a) of this section shall be in writing and served by personal 
service pursuant to

[[Page 488]]

Sec. 103.5(a) of this chapter. If the ground for withdrawal is Sec. 
240.14(a)(3), the notice shall provide that the alien has thirty (30) 
days within which to provide evidence of good cause for failure to 
register. If the alien fails to respond within thirty (30) days, 
Temporary Protected Status shall be withdrawn without further notice.
    (2) Withdrawal of the alien's Temporary Protected Status under 
paragraph (b)(1) of this section may subject the applicant to exclusion 
or deportation proceedings under sections 235, 236, 237, 238, 240, or 
241 of the Act as appropriate.
    (3) If the basis for the withdrawal of Temporary Protected Status 
constitutes a ground of deportability or excludability which renders an 
alien ineligible for Temporary Protected Status under Sec. 244.4 or 
inadmissible under Sec. 244.3(c), the decision shall include a charging 
document which sets forth such ground(s) with notice of the right of a 
de novo determination of eligibility for Temporary Protected Status in 
deportation or exclusion proceedings. If the basis for withdrawal does 
not constitute such a ground, the alien shall be given written notice of 
his or her right to appeal to the AAU. Upon receipt of an appeal, the 
administrative record will be forwarded to the AAU for review and 
decision pursuant to the authority delegated under Sec. 103.1(f)(2). 
Temporary Protected Status benefits will be extended during the pendency 
of an appeal.
    (c) Decision by AAU. If a decision to withdraw Temporary Protected 
Status is entered by the AAU, the AAU shall notify the alien of the 
decision and the right to a de novo determination of eligibility for 
Temporary Protected Status in deportation or exclusion proceedings, if 
the alien is then deportable or excludable, as provided by Sec. 
244.10(d).

[56 FR 619, Jan. 7, 1991, as amended at 56 FR 23498, May 22, 1991. 
Redesignated at 62 FR 10367, 10382, Mar. 6, 1997, as amended at 63 FR 
63596, 63597, Nov. 16, 1998]