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Rodriguez v. U.S. Dept. of Homeland Sec., No. 09-14273

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By FindLaw Staff on January 10, 2011 3:16 PM

Challenge to Denial of Renewal of Plaintiff's Temporary Protective Status

In Rodriguez v. U.S. Dept. of Homeland Sec., No. 09-14273, an action challenging the denial of the renewal of plaintiff's temporary protective status in 2005 because the DHS's Citizenship and Immigration Service (CIS) concluded that plaintiff was ineligible because of his misdemeanor convictions, the court affirmed judgment for defendant where the state court accepted plaintiff's guilty plea, made a "finding of guilt," and imposed a sentence of time served, and this satisfies section 1101(a)(48)'s definition of a formal judgment of guilt.

 

As the court wrote:  "The Department of Homeland Security (DHS) can grant temporary protective status (TPS) to an otherwise removable alien unable to return to his native country due to ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions.  8 U.S.C. § 1254a(b)(1)(B)(i).   An alien who has been convicted of two or more misdemeanors, however, is ineligible for TPS. 8 C.F.R. § 1244.4. Ernesto Alonzo Mejia Rodriguez (Mejia), a native and citizen of Honduras, was denied renewal of his TPS in 2005 when the DHS's Citizenship and Immigration Service (CIS) concluded that he was ineligible because of his misdemeanor convictions."

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