In Pereira v. Sessions, __ U.S. __, 138 S. Ct. 2105 (2018), the U.S. Supreme Court held that service of a putative charging document that does not specify the time and place of removal proceedings does not meet the statutory definition of a Notice to Appear (NTA) under 8 U.S.C. § 1229(a) and, therefore, does not cut off a noncitizen’s ability to accrue the time in the United States required to qualify for cancellation of removal. Although the government is attempting to cabin the ruling’s impact to the cancellation of removal context, practitioners can apply the rationale underlying the Court’s interpretation of § 1229(a) to a wider variety of challenges. Furthermore, practitioners can file motions to reconsider and/or reopen prior removal orders predicated on defective NTAs within 30 to 90 days of the decision or as soon as practicable after learning of the decision.
Supreme Court rules on defective Notice to Appears
Related Posts
New Case on the issuance of an NTA
The absence of a checked alien classification box on a Notice to Appear (Form I-862) does not, by itself, render the notice to appear fatally…
BIA Rules That Absence of a Checked Alien Classification Box Does Not Render an NTA Fatally Deficient
The BIA ruled that the absence of a checked alien classification box on a Notice to Appear (NTA) does not, by itself, render an NTA fatally…
Court Says Stop-Time Rule Is Triggered by One Complete NTA, Not a Combination of Documents
Granting the petition for review, the 10th Circuit held that, given the unambiguous statutory language for the stop-time rule and Notices to Appear (NTAs), the stop-time rule…
Third Circuit Says Defective NTA Cannot Be Cured by Subsequent Notice of Hearing Containing Omitted Information
The court held that the U.S. Supreme Court’s decision in Pereira v. Sessions abrogated the Third Circuit’s decision in Orozco-Velasquez v. Attorney General, and thus found that, for purposes…
Another Win for Our Immigration Law Office
Sua sponte motion to reopen 22-year-old removal order granted by the Immigration Court in Phoenix, Arizona for Mexican citizen with a federal conviction for distribution…