Tobar v. Garland, No. 21-60875 (5th Cir. 2023)
Annotate this Case
Petitioner is a native and citizen of El Salvador who entered the United States in 1997. Later that year she was detained and subsequently ordered removed in absentia. Petitioner applied for Temporary Protected Status ("TPS"), but under a different name. Petitioner was granted
TPS in 2003 under that different name and continued to renew her TPS using that information.
Since obtaining TPS, Petitioner has departed the United States only on one occasion, but she was out of the country for 111 days. At the time, she had considered seeking permission from immigration officials to leave the United States but decided not to do so because her TPS was not in her own name. Upon her return, Petitioner was apprehended by Border Patrol Agents. The Department of Homeland Security initiated formal removal proceedings against her. At her hearing before the IJ, Petitioner conceded to being removable as charged but sought TPS relief.
The IJ determined that she was ineligible for TPS because her 111-day absence disrupted her continuous physical presence in the United States. The IJ and BIA denied relief. On appeal, the Fifth Circuit affirmed the BIA's denial of Petitioner's petition, finding that her 111-day absence was not “brief, casual, and innocent” under 8 U.S.C. 1254a(c)(4).
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.