Artola v. Garland, No. 19-1286 (8th Cir. 2021)
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The Eighth Circuit denied a petition for review of the BIA's decision denying petitioner's request for cancellation of removal. The court concluded that petitioner's grant of Temporary Protected Status (TPS) did not obviate the need for him to demonstrate that he was "admitted" in order to be eligible for cancellation of removal. In this case, 8 U.S.C. 1254a(e) does not excuse section 1229b(a)'s admission requirement for TPS recipients.
The court also concluded that petitioner's grant of TPS is not an "admission" for purposes of cancellation of removal. The court explained that its holding in Velasquez v. Barr, 979 F.3d 572, 578 (8th Cir. 2020), is thus limited to adjustment of status and does not bear on whether TPS is an admission for cancellation-of-removal purposes. Furthermore, the fact that section 1254a(f)(4) expressly provides that TPS time counts for these specific purposes indicates it does not apply for other purposes—like cancellation of removal.
Court Description: [Gruender, Author, with Erickson and Kobes, Circuit Judges] Petitioner for Review - Immigration. Petitioner's grant of Temporary Protected Status did not obviate the need for him to demonstrate he was admitted in order to be eligible for cancellation of removal; nor was the grant of TPS an admission for cancellation-of-removal purposes.
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