Removal Cases to Be Greatly Impacted by U.S. Supreme Court Decision
Pereira v. Sessions, No. 17-459
On June 21, 2018, the U.S. Supreme Court issued a decision that will have a significant impact on removal cases.
The Court held that a Notice to Appear is defective when it does not contain the date and time of the hearing.
- Most Notices to Appear (especially in the past few years) do not contain the date and time of the hearing. Most just state that the date and time will be set. A hearing notice is then sent by the Immigration Court.
However, under Pereira, a Notice to Appear that does not contain the date and time of hearing is defective.
- Therefore, that Notice to Appear cannot be said to stop time for purposes of determining eligibility for cancellation of removal.
- Although the 10-year clock for cancellation of removal stops upon issuance of a Notice to Appear, it now will not stop where the Notice to Appear does not contain the time and date of the hearing.
- Many more people will now be eligible for cancellation of removal.
- Many prior removal orders are arguably invalid where they were issued on the basis of an invalid Notice to Appear.
This decision has far-reaching implications for those who are or who have been in removal proceedings after having been issued a defective Notice to Appear.
Read the full decision here.