Immigration Court Notice To Appear Stop-Time Rule (Pereira v. Sessions)

Описание: This video outlines the importance of the recent Supreme Court decision, Pereira v. Sessions, overriding the Immigration Court and Board of Immigration Appeals on what is and is not a proper Notice To Appear for immigrants in removal proceedings.

Here is a simple way to understand the case. If you were invited to a Christmas party which your friends are hosting, would you expect to be told the time and date (as well as location)? Of course, you would.

Immigration Tips And Tidbits, No. 5, is produced by Batara Immigration Law, https://www.bataraimmigrationlaw.com

Similarly, if you are told to show up in court, would you expect to be told the time and date (as well as place)? Of course, you would.

This case involves what is known as the “Stop-Time” rule.

The recent change in immigration law ensures that immigrants seeking cancellation of removal chances of success are protected against arbitrary action by overzealous government attorneys.

This video is produce by https://www.bataraimmigrationlaw.com

An immigration notice to appear – called an NTA by judges and immigration lawyers – is the first document filed in immigration court cases.

At the first immigration court hearing, the NTA informs immigrant defendants why the government wants to deport them.

In years past, however, many notice to appear immigration court documents were served on immigrants without a date or time when to appear. This has had a tremendous impact on cancellation of removal cases, which require certain periods of continuous physical presence in the United States.

The service of the NTA cuts off this time. Take an immigrant who has lived in the U.S. for nine years and seven months. She is served with an NTA. This cuts-off her time of continuous physical presence.

But, for her, to have an opportunity to prevail, to have her application for cancellation of removal approved, she needs 10 years.

Boom. She is out of luck.

Even though the NTA did not list the date or time of her immigration removal hearing. This is the NTA policy that the Pereira v. Sessions decision changed.

As an immigration lawyer, who have seen hard-working, deserving immigrants who seek to win permanent residence and earn a green card, this change in immigration procedures (which largely affect the immigration court master calendar hearing in a case) was long, long overdue and warranted.

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