In re Duarte-Luna

1 Analyses of this admin-law by attorneys

  1. BIA Holds Physical Presence of Parent Cannot be Imputed to Child for TPS Purposes

    Buchanan Ingersoll & Rooney PCHaley AyureJuly 14, 2014

    The Board of Immigration Appeals (BIA) held recently in Matter of Duarte-Luna, 26 I&N Dec. 325 (BIA 2014), that the continuous physical presence of a parent could not be imputed to a minor child for purposes of Temporary Protected Status (TPS). In the case, two sisters from El Salvador sought TPS based, in part, on the physical presence of their mother.