No. 09-73682. Argued and Submitted January 14, 2011. Filed March 29, 2011. Henry Cruz and Stephanie Thorpe, Rios Cruz, P.S., Seattle, WA, for the petitioner. M. Jocelyn Lopez Wright and Nancy E. Friedman, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for the respondent. On Petition for Review of an Order of the Board of Immigration Appeals. B.I.A. No. A099-577-198. Before: SUSAN P. GRABER and RAYMOND C. FISHER, Circuit Judges, and CONSUELO B. MARSHALL, Senior
Except as provided in §§ 1244.3 and 1244.4 , an alien may in the discretion of the director be granted Temporary Protected Status if the alien establishes that he or she: (a) Is a national, as defined in section 101(a)(21) of the Act, of a foreign state designated under section 244(b) of the Act; (b) Has been continuously physically present in the United States since the effective date of the most recent designation of that foreign state; (c) Has continuously resided in the United States since such