TPS in immigration court
TPS Lawyer for Immigration Court — When TPS Is Denied, Withdrawn or Ends
Temporary Protected Status (TPS) protects people from removal only as long as it lasts. When USCIS denies or withdraws it, or when the government ends the designation for a whole country, many TPS holders and applicants receive a Notice to Appear and must defend themselves in immigration court. Carlos Maury, a former U.S. Immigration Judge who heard cases at the Van Nuys Immigration Court, and before that served as government immigration counsel, represents people in those cases: asking the judge to decide TPS anew, answering a withdrawal, and finding the relief that may remain when TPS ends, in English and Spanish.
Carlos Maury is no longer on the bench and cannot influence any sitting judge or pending case.
Why a former immigration judge
TPS is granted by U.S. Citizenship and Immigration Services (USCIS), but the hardest TPS cases end up in immigration court. When USCIS denies or withdraws TPS and files a Notice to Appear, the immigration judge decides the person's eligibility for TPS anew, and a Department of Homeland Security (DHS) attorney may oppose it. When a designation ends, the judge decides what else the law allows.
Carlos Maury served as a U.S. Immigration Judge at the Van Nuys Immigration Court, appointed by Attorney General Eric Holder, hearing cases from June 2015. As a judge, he decided roughly six hundred asylum cases on their merits in recent years (TRAC judge report (opens in new tab)). From 2002 to 2015 he worked with U.S. Immigration and Customs Enforcement (ICE) in Los Angeles, rising to deputy chief counsel, the side of the courtroom that reviews the government's file and takes a position on relief.
That experience shapes how we prepare a TPS case in court: we read the USCIS file and the charges the way the judge and the government attorney will, find the problems in the record before they do, and plan for the day TPS may no longer be there. None of this can promise a particular outcome; every case turns on its own facts and the law.
What we handle
We focus on TPS where it meets removal proceedings, not on routine registration filings. Our guide to Temporary Protected Status explains the program in full.
- TPS denied with a Notice to Appear. Renewing the TPS application before the immigration judge, who decides eligibility anew.
- TPS withdrawn. Answering a withdrawal for travel, a missed re-registration or a claimed ineligibility.
- Criminal records and the TPS bars. Reading the record against the felony and misdemeanor bars. See our criminal immigration lawyer page.
- A designation that is ending. What happens to a pending court case and to work authorization. See work permits.
- Asylum, withholding and CAT protection. Protection for people who fear return. See our asylum lawyer page.
- Cancellation of removal. Relief for certain long-term residents. See cancellation of removal.
- Adjustment of status. A green card through family or another petition, where the law allows it. See adjustment of status.
- Detention and bond. When a former TPS holder is held by ICE. See our immigration bond lawyer page.
- The whole removal case. Hearings, appeals and old removal orders. See our deportation defense lawyer page.
What TPS is, and what it is not
TPS comes from section 244 of the Immigration and Nationality Act (INA § 244, 8 U.S.C. § 1254a (opens in new tab)). The Secretary of Homeland Security may designate a country because of armed conflict, an environmental disaster or other extraordinary and temporary conditions. Nationals of that country who meet the requirements may stay and work in the United States while the designation lasts, and while a person holds TPS, DHS may not remove them.
TPS is temporary by design. A designation lasts for a set period and can be extended or terminated, and the decision is published in the Federal Register. TPS is not a green card, does not by itself lead to one, and does not erase a removal case that is already pending. When the designation for a country ends, TPS ends for everyone who holds it through that country, whatever their own situation.
Check your country's status at the source
Which countries are designated, and until when, changes often and is frequently in litigation, so we do not list countries or dates on this page. Check your country's page on the official USCIS Temporary Protected Status page (opens in new tab) and the notices for your country in the Federal Register (opens in new tab). Those notices set the registration periods, the end dates and any automatic extension of work permits.
Renewing TPS before the immigration judge
When the reason for the denial is also a ground of removability, the USCIS decision includes a charging document, the Notice to Appear. In that case there is no appeal to the USCIS Administrative Appeals Office; instead, the decision must tell the person of the right to a de novo determination of TPS eligibility in removal proceedings (8 C.F.R. § 244.10(c)). De novo means the judge decides the question fresh, not by reviewing whether USCIS was right.
Once DHS files the Notice to Appear with the immigration court, the court proceeding replaces any other review of TPS eligibility, the person has the right to that new determination before the judge, and the Board of Immigration Appeals is the only administrative appeal (8 C.F.R. § 1244.18 (opens in new tab); 8 C.F.R. § 244.18(b)). The TPS application can be renewed in court after a denial or a withdrawal, and the judge's decision can be appealed to the Board (8 C.F.R. § 1244.11 (opens in new tab); 8 C.F.R. § 244.11). The same rule adds a limit: renewing the application in court does not extend TPS past the end of the country's designation.
What the judge looks at
The judge applies the same requirements USCIS does. The applicant must be a national of the designated country, must have been continuously physically present and continuously resident in the United States since the dates the Federal Register notice sets, must be admissible or qualify for a waiver, must not be barred, and must have registered on time or qualify for late registration. Brief, casual and innocent absences do not break continuous presence.
The record and the USCIS file
Because the judge decides anew, new evidence can be presented, and gaps in the USCIS record can be filled. We obtain and review the file, find the reason USCIS gave, and build the evidence that answers it.
When TPS is withdrawn
USCIS may withdraw TPS at any time if the person was not eligible when it was granted or became ineligible later, did not remain continuously physically present (traveling with USCIS's prior permission does not break presence), or failed without good cause to re-register (8 C.F.R. § 244.14 (opens in new tab)). The withdrawal must be in writing. When the ground is a missed re-registration, the notice gives 30 days to show good cause, and TPS is withdrawn without further notice if there is no answer.
What happens next depends on the ground. If the reason for withdrawal is also a ground of removability that makes the person ineligible, the decision comes with a Notice to Appear and the right to a new determination of TPS eligibility in court. If not, the person can file an administrative appeal, and TPS benefits continue while that appeal is pending.
Criminal records and the TPS bars
A criminal record is one of the most common reasons TPS is denied or withdrawn. Under INA § 244(c)(2)(B), a person is ineligible if convicted of any felony or of two or more misdemeanors committed in the United States, or if one of the asylum bars applies, such as persecution of others, a particularly serious crime or a danger to security. For TPS, a felony is a crime punishable by more than one year, and an offense the state classifies as a misdemeanor with a sentence of one year or less counts as a misdemeanor.
Some criminal grounds of inadmissibility cannot be waived for TPS, including crimes involving moral turpitude and most controlled-substance offenses. The exact record of conviction matters more than the label: the statute of conviction, the sentence and whether a conviction exists at all under immigration law. See our criminal immigration lawyer page.
When a TPS designation ends
When a designation is terminated, TPS ends automatically on the date set in the Federal Register notice, without further notice and with no appeal (8 C.F.R. § 244.19). Former holders return to any other status they still have; for many, that means no status at all.
Pending court cases
The end of a designation does not end a removal case, and it does not decide it. Cases that were waiting while the person held TPS can move forward, and DHS can file new Notices to Appear. A person whose only defense was TPS needs to know, before the end date, what other relief may be available, because the judge will decide the case on the relief actually requested.
Work authorization
A TPS-based work permit is tied to the designation. When the designation ends, the permit generally ends too, unless a Federal Register notice or a court order keeps certain documents valid for a time. Check the notice for your country before relying on a card that looks expired, or one that looks valid. Some other applications have their own rules for work permits. See our guide to work permits.
Time without status and old orders
Once TPS ends, time without status may start to count again for the three- and ten-year unlawful-presence bars, and TPS does not cure unlawful presence from before it was granted. A person who had a removal order before receiving TPS may face that order again.
Other relief to examine when TPS ends
Because TPS can end, it is usually wise to look for lasting relief early and, where the law allows, to pursue it in the same case.
Asylum and the one-year deadline
Asylum generally must be requested within one year of arrival, but a late application can be accepted for changed circumstances that materially affect eligibility, such as new conditions in the home country, or for extraordinary circumstances. The regulations list among those extraordinary circumstances having maintained TPS until a reasonable period before filing (8 C.F.R. § 1208.4(a)(5)(iv) (opens in new tab)). What counts as a reasonable period is decided case by case, so a former TPS holder who fears return should act quickly. See our asylum lawyer page and the asylum guide.
Withholding of removal and CAT protection
Withholding of removal and protection under the Convention Against Torture have no one-year deadline, but they require a higher likelihood of harm and give fewer benefits than asylum. They can be requested together with asylum. See withholding of removal.
Cancellation of removal
A person who is not a permanent resident may ask the judge for cancellation of removal by showing ten years of continuous physical presence, good moral character, no disqualifying convictions, and exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse, parent or child. Service of a Notice to Appear can stop the clock, so the dates must be checked carefully. See cancellation of removal.
Adjustment of status
A TPS holder is treated as being in lawful nonimmigrant status for adjustment purposes while TPS lasts, but TPS is not an admission. In Sanchez v. Mayorkas, 593 U.S. 409 (2021), the Supreme Court held that a TPS holder who entered without inspection cannot adjust status on the strength of TPS alone. A green card still needs another basis, such as a petition by a U.S. citizen spouse, parent or adult child, and a lawful admission or parole. Whether a later trip abroad on TPS travel authorization helps depends on the person's full history, including any prior removal order, and on the circuit; get advice before any travel. See adjustment of status.
Mistakes that can hurt a TPS case
- Missing a re-registration period. It is a ground for withdrawal.
- Traveling without prior permission. Leaving can cost the person TPS.
- Assuming TPS ends the court case. The case continues and needs its own defense.
- Missing a hearing. A judge can order removal in absentia.
- Waiting for the end date. Deadlines, such as the asylum deadline, keep running.
- Leaving out an arrest or conviction. Omissions damage credibility.
- Relying on a card without checking the notice. Work permit validity depends on the Federal Register.
- Letting a notario handle it. A "notario" is not a lawyer and cannot represent you before USCIS or in immigration court.
Serving Los Angeles & Southern California
Our office is in Van Nuys, in the San Fernando Valley, and we regularly appear for TPS holders and former TPS holders in the immigration courts of Los Angeles and Southern California:
- Los Angeles immigration court
- West LA immigration court
- Van Nuys immigration court
- Santa Ana immigration court
- Adelanto immigration court (detained cases)
- San Diego immigration court
- Otay Mesa immigration court (detained cases)
- Imperial immigration court
See all Los Angeles-area immigration courts.
Our page on the Southern California immigration courts covers all eight court locations, including the border courts in San Diego, Otay Mesa and Imperial.
Immigration law is federal, so we represent clients across the country, before USCIS and the immigration courts. We appear in immigration courts in all 50 states, in person or by video where the court allows. Find your court among all 77 immigration courts. Meetings at the Van Nuys office are by appointment only.
Carlos Maury is licensed in Florida. Practice limited to federal immigration law; we represent clients in all 50 states.
About Carlos Maury
Carlos Maury served as a U.S. Immigration Judge at the Van Nuys Immigration Court, appointed by Attorney General Eric Holder, hearing cases from June 2015 (EOIR announcement (opens in new tab)). From 2002 to 2015 he worked with U.S. Immigration and Customs Enforcement in Los Angeles, rising to deputy chief counsel. Before that he was district counsel for the former Immigration and Naturalization Service in Miami from 2000 to 2002, and an assistant public defender in Florida's Eleventh Judicial Circuit from 1993 to 2000.
He earned his J.D. from the University of Miami School of Law in 1992 and his B.A. from City College of the City University of New York in 1989. He is a member of The Florida Bar (No. 964239) and works with clients in English and Spanish. Read more about Carlos Maury.
Frequently asked questions
Can an immigration judge grant TPS after USCIS denied it?
Yes, in many cases. If USCIS denies TPS and you are placed in removal proceedings, you have the right to a new determination of your TPS eligibility by the immigration judge, and you can renew the application in court. The judge's decision can be appealed to the Board of Immigration Appeals.
What happens to my immigration court case when my country's TPS ends?
The case does not end, and the end of TPS does not decide it. Your TPS ends on the date in the Federal Register notice, and the judge can move the case forward. You can still ask for any other relief you qualify for, such as asylum, withholding of removal or cancellation of removal.
Does TPS stop a deportation case?
While TPS is in effect, DHS may not remove you. But a grant of TPS does not by itself end a removal case, and the protection lasts only as long as your country's designation, so it is usually wise to pursue any lasting relief in the same case.
What can I do if USCIS withdrew my TPS?
It depends on the reason. If the withdrawal came with a Notice to Appear, you can ask the immigration judge to decide your eligibility anew. If not, you may be able to file an administrative appeal, and TPS benefits continue while it is pending. If the reason was a missed re-registration, the notice gives you 30 days to show good cause.
Does a criminal record bar TPS?
A conviction for any felony, or for two or more misdemeanors, committed in the United States makes a person ineligible, as do the asylum bars such as a particularly serious crime. Some other criminal grounds cannot be waived for TPS. The exact record of conviction matters, so it should be reviewed before any filing or hearing.
What happens to my work permit when TPS ends?
A TPS-based work permit generally ends with the designation, unless a Federal Register notice or a court order keeps certain documents valid for a time. Check the notice for your country on the USCIS TPS page before relying on your card. Some other applications have their own rules for work permits.
Which countries have TPS right now?
Designations change often and are frequently in litigation, so we do not list them here. Check your country's page on the official USCIS Temporary Protected Status page and the notices for your country in the Federal Register, which set the end dates and registration periods.
Can Carlos Maury influence the judge deciding my case?
No. Carlos Maury is no longer on the bench and cannot influence any sitting judge or pending case. What he offers is preparation and experience, not access.
Do you handle TPS cases in immigration court in Los Angeles and Southern California?
Yes. We represent TPS holders and former TPS holders in the immigration courts in Los Angeles, Van Nuys, West LA and Santa Ana, at Adelanto for detained cases, and in San Diego, Otay Mesa and Imperial. Our office is in Van Nuys, and meetings there are by appointment only.
Do you take cases outside California?
Yes. Immigration law is federal, so we represent clients before USCIS and immigration courts in all 50 states. Carlos Maury is licensed in Florida, and the practice is limited to federal immigration law.
Talk with a former immigration judge about your TPS case
Whether USCIS has denied or withdrawn your TPS, you have received a Notice to Appear, or your country's designation is ending, call to discuss your case before the deadlines pass. Hablamos español.