[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: 8CFR244.18]



[Page 489-490]

 

                     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. 244.18  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 Sec. Sec. 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



[[Page 490]]



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 Sec. Sec. 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]