Unpub. BIA TPS Victory: Matter of R-

Mo Goldman writes: "The BIA dismissed the appeal filed by DHS from an IJ’s decision granting the respondent Temporary Protected Status (TPS) pursuant to INA §244(b)(5)(B).  Respondent, a citizen of Honduras, requested that the IJ grant him TPS de novo after being denied for late initial registration multiple times by USCIS.  Respondent successfully argued that even though his original TPS application was filed prematurely to the registration period, legacy INS had an obligation to notify him that it was misfiled pursuant to Operating Instructions section 103.2(f).   Respondent, through his father, submitted form I-821 and for a number of years he believed he was under TPS protection and that his application was pending. The IJ agreed that he had jurisdiction to review this application.  See Matter of Barrientos, 24 I&N Dec. 100 (BIA 2007).  The Board held that “given the totality of the circumstances” they agreed with the IJ’s “exercise of de novo review over the TPS application, as well as his ultimate conclusion that the respondent qualifies for TPS.” " - Matter of R-, Mar. 21, 2013, unpub.