United States Court of Appeals For the First Circuit No. 19-1282 JAIRO ARQUIMEDES MACHADO SIGARAN, Petitioner, v. WILLIAM P. BARR, Attorney General, Respondent. PETITION FOR REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION APPEALS Before Torruella, Boudin, and Kayatta, Circuit Judges. Jeffrey B. Rubin, with whom Todd C. Pomerleau and Rubin Pomerleau PC were on brief, for petitioner. John F. Stanton, Trial Attorney, Office of Immigration Litigation, U.S. Department of Justice, with whom Joseph H. Hunt, Assistant Attorney General, Civil Division, U.S. Department of Justice, and Keith I. McManus, Assistant Director, Office of Immigration Litigation, were on brief, for respondent. August 5, 2020 KAYATTA, Circuit Judge. Petitioner Jairo Arquimedes Machado Sigaran ("Machado") appeals from the denial of his request for temporary protected status ("TPS") under 8 U.S.C. § 1254a. Eligibility for such relief requires, among other things, that the noncitizen maintain a continuous residence and physical presence within the United States for a period of time that began in this instance on December 27, 1997. During that time Machado admittedly spent ninety-eight days outside the United States pursuant to an order of removal. He argues that he can excuse those ninety-eight days as "brief, casual, and innocent," id. § 1254a(c)(4)(A)–(B), because his order of removal was later rescinded by an immigration judge. In denying petitioner's request, the Board of Immigration Appeals determined that the rescission of the removal order was improper, leaving petitioner with no excuse for his time outside the country. For the following reasons, we affirm the decision of the BIA denying petitioner's request for TPS relief. I. Machado first came to the United States to join his mother in Massachusetts at the age of sixteen. He was picked up by border patrol agents near Brownsville, Texas, a few days after he crossed the United States-Mexico border. While detained, in December 1997, he was issued a document titled "notice to appear" in immigration court. The notice did not include the date and time of his first immigration hearing. It did, however, state: - 2 - You must notify the Immigration Court immediately . . . whenever you change your address or telephone number during the course of this proceeding. . . . If you do not . . . provide an address at which you may be reached during proceedings, then the Government shall not be required to provide you with written notice of your hearing. Machado was then transferred to Boston and released in January 1998 to his mother's friend and landlady, Marisel Machuca. Upon release, he was served with a document entitled "Notification Requirement for Change of Address" instructing him in English and Spanish to keep both INS and the Immigration Court advised of any address changes, warning him that failure to do so could result in entry of an order of removal, in absentia. Machado at that time provided the address of Machuca, with whom Machado and his mother were then residing. Machado and his mother lived at that location for only a few ...
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