Shul-Navarro v. Holder, No. 13-2271 (1st Cir. 2014)Annotate this Case
Petitioner, a native and citizen of El Salvador, submitted an application for “temporary protected status,” which affords aliens protection from removal from the United States upon a determination that conditions in the alien’s home country prevent the alien’s safe return. The Attorney General designated El Salvador as a country whose nationals may qualify for temporary protected status after two large earthquakes struck the country. The Department of Homeland Security denied Petitioner’s application. Petitioner was later served with a notice to appear for removal proceedings. Petitioner subsequently filed a renewed application for temporary protected status. An Immigration Judge (IJ) denied the application after finding that Petitioner failed to provide “reliable” information that he was in the country soon enough to be eligible for temporary protected status. The Board of Immigration Appeals (BIA) affirmed. The First Circuit vacated the decision of the BIA, holding that the reasons the BIA gave for its decision were not adequate in this instance. Remanded.
The court issued a subsequent related opinion or order on September 5, 2014.