TOBAR v. GARLAND

No. 21-60875.

65 F.4th 195 (2023)

Maria Cristina TOBAR, Petitioner, v. Merrick GARLAND, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

FILED April 7, 2023.


Attorney(s) appearing for the Case

Raed Gonzalez, Esq. , Senior Attorney, Ross Alan Miller , Ezinne Okoko , Gonzalez Olivieri, L.L.C., Houston, TX, for Petitioner.

Andrew Nathan O'Malley , Senior Litigation Counsel, U.S. Department of Justice, Civil Division/OIL, Washington, DC, Tracie Nicole Jones, Esq. , Trial Attorney, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent.

Before Jolly, Haynes, and Graves, Circuit Judges.


Maria Cristina Tobar is a native and citizen of El Salvador. An Immigration Judge ("IJ") denied her application for Temporary Protected Status ("TPS"), finding that she was ineligible for such relief because she had not satisfied the continuous physical presence requirement. Tobar appealed to the Board of Immigration...

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