BAUTISTA-PEREZ
BAUTISTA-PEREZ v. Holder
Opinion
Opinion
Henderson, J.
ORDER DENYING DEFENDANT’S MOTION TO DISMISS
This matter came before the Court on April 6, 2009 on Defendants’ Motion to Dismiss. Having carefully considered the parties’ written and oral arguments, Defendants’ Motion is DENIED for the reasons set forth below.
FACTUAL AND PROCEDURAL BACKGROUND
As this is the second motion to dismiss that this Court has considered, the following factual account is drawn from the Court’s order of February 4, 2008, 2008 WL 314486 .
The Immigration Act of 1990 established a procedure whereby the government could provide temporary protection to aliens in the U.S. who were forced to flee their homelands because of natural disaster, civil strife and armed conflict, or other extraordinary and temporary conditions. The Secretary of Homeland Security may grant “Temporary Protective Status” (“TPS”) to nationals of certain countries temporarily designated under the statute, 8 U.S.C. § 1254a(a)(l), 6 U.S.C. § 557 , which allows those nationals to stay in the United States and obtain work authorization for the period their home country is so designated. 8 U.S.C. § 1254a(a)(l)(B).