Posted on June 29, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On June 8, the Supreme Court announced that it will hear an immigration case on the stop-time rule in its next term. The stop-time rule, which stops the clock on time accrued by the immigrant to become eligible for relief from deportation, is triggered when the government sends the immigrant a “notice to appear” with specific information about the removal proceedings. The specific issue that the Supreme Court will consider is whether all the necessary information must be provided to the immigrant in a single document or if the government can trigger the rule by providing multiple documents. The Supreme Court’s next term starts in October of this year.
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Posted on April 10, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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 is not triggered by the combination of an incomplete NTA and a notice of hearing.
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Posted on January 28, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
he Sixth Circuit determined the BIA erred in finding new evidence was previously available and that the BIA failed to consider hardship ground raised in the Motion to Reopen, instead offering a cursory analysis that didn’t allow for meaningful review. The court remanded the case to properly apply the law. The court also addressed petitioner’s argument that no jurisdiction was vested in the immigration judge, BIA, or court because the Notice to Appear failed to state the time and place of the hearing, holding that jurisdiction was vested and distinguishing the stop-time rule in Pereira.
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Posted on November 3, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Today, the BIA issued two precedent decisions addressing the issue of whether evidence that photographs and fingerprints were taken in conjunction with a noncitizen’s voluntary departure or return constitutes a formal, documented process sufficient to break continuous physical presence for purposes of establishing eligibility for cancellation of removal, where the noncitizen had the right to appear before an Immigration Judge but was not informed of that right. In the first decision, the BIA held that such evidence was not sufficient, in the absence of evidence that the noncitizen was informed of and waived the right to a hearing. In the second decision, the BIA found that this rule applies regardless of whether the encounter in which the noncitizen was photographed and fingerprinted occurred at or near the border.
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Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit upheld the Board of Immigration Appeals, holding that the failure of a Notice to Appear (NTA) to specify the date and location of a removal hearing has no effect on the stop-time rule. Accordingly, the court found that the petitioner, who had not accrued the requisite period of continuous physical presence by the time he was served with the NTA in his removal proceeding, was statutorily ineligible for cancellation of removal.
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Posted on August 4, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA sustained the respondent’s appeal and remanded, holding that a notice to appear (NTA) that was served but never resulted in removal proceedings does not have “stop-time” effect for purposes of establishing eligibility for cancellation of removal pursuant to section 240A(d)(1) of the Immigration and Nationality Act.
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Posted on February 27, 2012 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court held that the notice requirements of the INA were satisfied by a combination of two notices, and that once sufficient notice is provided, the stop-time rule is triggered notwithstanding any defects in subsequent notices.
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Posted on February 27, 2012 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court held that the notice requirements of the INA were satisfied by a combination of two notices, and that once sufficient notice is provided, the stop-time rule is triggered notwithstanding any defects in subsequent notices.
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Posted on December 17, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on December 8, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA held that the continuous residence/presence of an alien applying for cancellation ends under the stop-time rule upon service of an NTA, even if the NTA does not include the date and time of the initial hearing.
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