Thursday, August 23, 2012

Alien Could Not Rely on Parent's US Residence For TPS Status

Celaya-Martinez v. Holder, 2012 WL 3292955 (8/14/12) (unpub'd) - The alien did not qualify for a Temporary Protected Status, ("TPS"), which would enable him to stay in this country and avoid removal to El Salvador. He did not meet the requirement that he have resided in this country since El Salvador was designated for TPS in 2001. He could not derivatively use his mother's residence. So he must return to El Salvador, which was designated for TPS because conditions in the country, [apparently rampant gang violence] prevented its nationals from returning safely or because the country is unable to handle the return of its nationals adequately.