Leon-Ochoa v. Attorney General of the United States

In this consolidated appeal, Petitioners Eudulio De Leon-Ochoa, Arely and Elida Rivera-Flores, Eufemia FloresDominguez, and R.E. L-P- petition for review of the Board of Immigration Appeals ("BIA" or "Board") denial of their applications for Temporary Protected Status ("TPS") for failure to personally satisfy the statutory requirements of "continuous residence" and "continuous physical presence." 8 U.S.C. § 1254a. On appeal, Petitioners contend that they fulfill the statutory requirement of "continuous residence," 8 U.S.C. § 1254a(c)(1)(A)(ii), via imputation of their parents residence. Petitioners additionally contend that they satisfy the statutory requirement of "continuous physical presence," 8 U.S.C. § 1254a(c)(1)(A)(i), because the statutory term "most recent designation" rightfully is read to encompass TPS extensions as well as designations. We disagree on both counts. Because Petitioners fail to meet the requirements of "continuous residence" and "continuous physical presence," they are statutorily ineligible for TPS. For the following reasons, we will deny review.