[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR244.14]



[Page 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 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thirty (30) days, Temporary Protected Status shall be withdrawn without 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]