Posted on February 19, 2021 by sethlerner1964
the BIA ruled that if an NTA fails to specify the time/place of an initial removal hearing, a subsequent NTA with the information perfects the deficient NTA and ends the accrual of physical presence for purposes of voluntary departure. Additionally, last week, the BIA ruled that §58-37-8(2)(a)(i) of the Utah Code, which criminalizes possession of a controlled substance, is divisible with respect to the specific “controlled substance” involved in a violation of that statute.
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Posted on March 7, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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 of the stop-time rule, a deficient Notice to Appear (NTA) that omits the time and date of appearance may not be cured with a later Notice of Hearing that provides the missing information.
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Posted on February 20, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit granted rehearing en banc to revisit its prior decision filed on May 22, 2019, which held that a Notice to Appear 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.
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