and invalid. The Board of Immigration Appeals and certain federal courts tried to go around that important decision by allowing USICE to issue a second document that notified the people in deportation of their hearing date, and they said that the extra document met the requirements of the
law concerning proper notice of proceedings.
The Supreme Court issued an opinion on April 29, 2021 in Niz-Chavez v. Garland. It held that DHS must provide aliens hearing times (dates) and places in their “Notices to Appear” in order to bar aliens from accruing additional presence in the United States for cancellation of removal under section 240A(b) of the Immigration and Nationality Act (INA). The Court in
the Niz-Chavez ruling denounced the government’s practice of providing necessary information over time and in multiple documents (two step process), which can lead to noncitizens missing their court dates entirely. This ruling is important because the Supreme Court has now clearly held
that people who were issued an invalid Notice to Appear can attempt to reopen their deportation case and perhaps argue for the benefit of cancellation of removal if they are in the U.S. more than ten years as of the time they request to reopen; if they have certain family members who are U.S. citizens.
Por / By Robert Fuchs, Esq.
Reopening Your Deportation Case
if You’ve Been Deported Anytime
From 1997 Until Now
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