TPS and Physical Presence for Cancellation of Removal

INA §244(e) contains a specialized rule for cancellation-of-removal presence. A period in TPS does not automatically count toward the physical-presence requirement for cancellation unless the statutory hardship determination is made, but TPS does not itself break the continuity of residence that existed before and after the protected period.

TPS and cancellation presence checkpoint: identify the exact TPS grant and end dates. For TPS and cancellation presence, show the source and date proving identify the exact TPS grant and end dates. A separate TPS and cancellation presence checkpoint is analyze whether the §244(e) extreme-hardship rule permits counting the TPS period; identify analyze whether the §244(e) extreme-hardship rule permits counting the TPS period independently so the TPS and cancellation presence record does not substitute one element for another.

TPS and cancellation presence turns on these points: identify which cancellation provision applies; calculate residence and physical presence before TPS; identify the exact TPS grant and end dates; and analyze whether the §244(e) extreme-hardship rule permits counting the TPS period.

Test TPS and cancellation presence against the record for tax, school, employment, medical, and housing records. If TPS and cancellation presence also depends on family hardship evidence relevant to the §244(e) determination, cite the exhibit or testimony answering that second question. Keeping tax, school, employment, medical, and housing records separate from family hardship evidence relevant to the §244(e) determination makes the TPS and cancellation presence finding more precise.

The cancellation applicant bears the burden of establishing the required period and any basis for counting TPS time. The chronology should separately show time that unquestionably counts, the TPS interval, and time after TPS.

In the TPS and cancellation presence brief, isolate address departures during TPS separately. The TPS and cancellation presence analysis of present the hardship evidence tied specifically to counting the TPS period may use a different date, document, or legal rule. A separate finding on present the hardship evidence tied specifically to counting the TPS period shows exactly what the TPS and cancellation presence ruling accepted or rejected on review.

For TPS and cancellation presence, start the chronology with identify which cancellation provision applies. A TPS and cancellation presence timeline should then mark calculate residence and physical presence before TPS, relevant agency action, court action, travel, and filings. The TPS and cancellation presence timeline should identify the law governing each material date.

Before the TPS and cancellation presence hearing, verify adding TPS years automatically to a ten-year cancellation calculation. For the same TPS and cancellation presence hearing, compare failing to plead the §244(e) hardship issue with the primary records. Explain any discrepancy involving failing to plead the §244(e) hardship issue before it becomes a TPS and cancellation presence credibility or proof problem.

For TPS and cancellation presence, match each exhibit to an element. The TPS and cancellation presence evidence set should include I-94 and entry evidence; TPS approval and re-registration records; tax, school, employment, medical, and housing records; family hardship evidence relevant to the §244(e) determination; and NTA and stop-time chronology.

The TPS and cancellation presence file should document identify the exact TPS grant and end dates close to the relevant event. The TPS and cancellation presence file should address analyze whether the §244(e) extreme-hardship rule permits counting the TPS period with its own source. Separating identify the exact TPS grant and end dates from analyze whether the §244(e) extreme-hardship rule permits counting the TPS period keeps the TPS and cancellation presence decision focused on the element actually disputed.

Procedure for TPS and cancellation presence should follow this sequence: calculate the cancellation clock independently from the TPS clock; apply the stop-time rule where relevant; address departures during TPS separately; and present the hardship evidence tied specifically to counting the TPS period.

TPS and cancellation presence checkpoint: I-94 and entry evidence. For TPS and cancellation presence, show the source and date proving I-94 and entry evidence. A separate TPS and cancellation presence checkpoint is TPS approval and re-registration records; identify TPS approval and re-registration records independently so the TPS and cancellation presence record does not substitute one element for another.

DHS may argue that the applicant simply counted every year of TPS as ordinary cancellation presence. The response should acknowledge the special statutory rule and show exactly why the disputed time is or is not countable.

Test TPS and cancellation presence against the record for address departures during TPS separately. If TPS and cancellation presence also depends on present the hardship evidence tied specifically to counting the TPS period, cite the exhibit or testimony answering that second question. Keeping address departures during TPS separately separate from present the hardship evidence tied specifically to counting the TPS period makes the TPS and cancellation presence finding more precise.

The defense should use a dated spreadsheet or chronology that identifies each legal period. This prevents the court from collapsing status, presence, continuous residence, and stop-time questions into a single number.

In the TPS and cancellation presence brief, isolate adding TPS years automatically to a ten-year cancellation calculation. The TPS and cancellation presence analysis of failing to plead the §244(e) hardship issue may use a different date, document, or legal rule. A separate finding on failing to plead the §244(e) hardship issue shows exactly what the TPS and cancellation presence ruling accepted or rejected on review.

TPS can preserve continuity even where the protected time itself is not counted. The interaction with the NTA stop-time rule, criminal stop-time events, and departures must therefore be analyzed in sequence.

Before the TPS and cancellation presence hearing, verify identify the exact TPS grant and end dates. For the same TPS and cancellation presence hearing, compare analyze whether the §244(e) extreme-hardship rule permits counting the TPS period with the primary records. Explain any discrepancy involving analyze whether the §244(e) extreme-hardship rule permits counting the TPS period before it becomes a TPS and cancellation presence credibility or proof problem.

Avoid these TPS and cancellation presence errors: adding TPS years automatically to a ten-year cancellation calculation; failing to plead the §244(e) hardship issue; confusing continuous residence with physical presence; and overlooking a stop-time event that independently ends accrual.

The TPS and cancellation presence file should document family hardship evidence relevant to the §244(e) determination close to the relevant event. The TPS and cancellation presence file should address NTA and stop-time chronology with its own source. Separating family hardship evidence relevant to the §244(e) determination from NTA and stop-time chronology keeps the TPS and cancellation presence decision focused on the element actually disputed.

At a TPS and cancellation presence merits hearing, testimony should address calculate residence and physical presence before TPS. A TPS and cancellation presence witness should identify the document supporting that fact. Another TPS and cancellation presence witness or exhibit should address identify the exact TPS grant and end dates if that point remains disputed.

TPS and cancellation presence checkpoint: address departures during TPS separately. For TPS and cancellation presence, show the source and date proving address departures during TPS separately. A separate TPS and cancellation presence checkpoint is present the hardship evidence tied specifically to counting the TPS period; identify present the hardship evidence tied specifically to counting the TPS period independently so the TPS and cancellation presence record does not substitute one element for another.

A complete TPS and cancellation presence record begins with I-94 and entry evidence. The TPS and cancellation presence file should also contain TPS approval and re-registration records. If DHS relies on earlier government statements, the TPS and cancellation presence record should place those statements beside the primary source documents that confirm or contradict them.

Test TPS and cancellation presence against the record for adding TPS years automatically to a ten-year cancellation calculation. If TPS and cancellation presence also depends on failing to plead the §244(e) hardship issue, cite the exhibit or testimony answering that second question. Keeping adding TPS years automatically to a ten-year cancellation calculation separate from failing to plead the §244(e) hardship issue makes the TPS and cancellation presence finding more precise.

A favorable TPS and cancellation presence ruling may change immediate procedure, but a TPS and cancellation presence ruling does not automatically decide every other immigration issue. After TPS and cancellation presence is resolved, reassess any remaining charge, detention question, travel consequence, benefit application, or alternative form of relief.

In the TPS and cancellation presence brief, isolate identify the exact TPS grant and end dates. The TPS and cancellation presence analysis of analyze whether the §244(e) extreme-hardship rule permits counting the TPS period may use a different date, document, or legal rule. A separate finding on analyze whether the §244(e) extreme-hardship rule permits counting the TPS period shows exactly what the TPS and cancellation presence ruling accepted or rejected on review.

If cancellation is denied for insufficient time, preserve the court’s treatment of the TPS period and the hardship finding. A clean chronology is essential for BIA review of the statutory calculation.

Before the TPS and cancellation presence hearing, verify TPS approval and re-registration records. For the same TPS and cancellation presence hearing, compare tax, school, employment, medical, and housing records with the primary records. Explain any discrepancy involving tax, school, employment, medical, and housing records before it becomes a TPS and cancellation presence credibility or proof problem.

For TPS and cancellation presence, the objective is a clear ruling on analyze whether the §244(e) extreme-hardship rule permits counting the TPS period. The final TPS and cancellation presence record should identify the governing dates, cite the controlling authority, and show which exhibit proves each disputed point. The TPS and cancellation presence decision should not rest on a generalized label when the statute requires a specific historical fact.

The TPS and cancellation presence file should document address departures during TPS separately close to the relevant event. The TPS and cancellation presence file should address present the hardship evidence tied specifically to counting the TPS period with its own source. Separating address departures during TPS separately from present the hardship evidence tied specifically to counting the TPS period keeps the TPS and cancellation presence decision focused on the element actually disputed.