The U.S. Supreme Court, on Thursday, April 29, 2021, offering hope to thousands of long-term immigrants facing deportation in a ruling that faulted the federal government for improperly notifying a man who came to the United States illegally from Guatemala to appear for a U.S. Supreme Court, on Thursday, April 29, 2021, offering hope to thousands of long-term immigrants seeking to avoid deportation in a ruling that faulted the federal government for improperly notifying a man who.
In a 6-3 decision, the justices ruled that the government must comply with a requirement that immigrants receive detailed notices about their deportation hearings. This case challenges the government’s efforts to expedite the removal of some undocumented immigrants facing deportation in the US.
“In this case, the law’s terms ensure that, when the federal government seeks a procedural advantage against an individual, it will at least supply him with a single and reasonably comprehensive statement of the nature of the proceedings against him,” conservative Justice Neil Gorsuch wrote in the ruling.
Under federal law, immigrants who are not lawful permanent residents may apply to have their deportation canceled if they have been in the United States for at least 10 years. The time counted to reach that threshold ends when the government initiates immigration proceedings with a notice to appear, a limit is known as the “stop-time” rule.
In 2013, eight years after he entered the country, police stopped Niz-Chavez for a broken taillight on his vehicle. The federal government followed up with a notice to appear for a deportation hearing.
After the Supreme Court in 2018 found in another case that notices to appear that omitted the time and date of the hearing were deficient, Niz-Chavez cited his faulty notice to argue that the stop-time rule had not been triggered in his case.
The Cincinnati, Ohio-based 6th U.S. Circuit Court of Appeals ruled against him in 2019, saying that the relevant information can be sent in more than one document. The Supreme Court overturned that ruling.
Weinstock Immigration Lawyers creates and defends the opportunity for individuals, families, and businesses to seek and achieve the American Dream. If you need help with your deportation hearing or other immigration matters, visit visa-pros.com or call us at (770) 913-0800.