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Immigration Law

BIA on TPS, Admission, Adjustment: Matter of Padilla Rodriguez, 28 I&N Dec. 164 (BIA 2020)

Matter of Padilla Rodriguez, 28 I&N Dec. 164 (BIA 2020)

(1) Where the temporary protected status (“TPS”) of an alien who was previously present in the United States without being admitted or paroled is terminated, the alien remains inadmissible under section 212(a)(6)(A)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(A)(i) (2018), and removal proceedings should not be terminated.

(2) An alien whose TPS continues to be valid is considered to be “admitted” for purposes of establishing eligibility for adjustment of status only within the jurisdictions of the United States Courts of Appeals for the Sixth, Eighth, and Ninth Circuits.