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Court Says NTA That Is Defective Under Pereira Cannot Be Cured by a Subsequent Notice of Hearing


Concluding that Popa v. Holder had been effectively overruled, the Ninth Circuit heldthat a Notice to Appear (NTA) that is defective under Pereira v. Sessions cannot be cured by a subsequent Notice of Hearing, and therefore does not terminate the residence period required for cancellation of removal. The court thus concluded that, because the petitioner had never received a valid NTA, his residency continued beyond his receipt of the NTA in 2008, and accordingly, he was eligible for cancellation of removal.

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