What does the new ruling of the Supreme Court of the United States mean for your immigration case?

What does the new ruling of the Supreme Court of the United States mean for your immigration case?

On June 21, 2018, the Supreme Court of the United States gave its ruling in the Pereira v. Case . Sessions , in which he established that Notice of Appearance, better known as Notice to Appear , is not valid if it does not determine the place, date, and time of the hearing. Most of these notifications were delivered in this way and that is why it can now be argued that they are not valid.

What does this mean?

First you need to see your Notice of Appearance to see if you set the date and time of your hearing with the immigration judge. Most of these notifications left this data blank or with the letters TBD meaning that the data will be determined later. If your notification is like this, you have the possibility to do the following:

  • If you already have a deportation order and appealed your case, you can file a motion to reopen your case and terminate it by defective notification.
  • If you have a deportation order because you did not attend your hearing, you can file a motion to have your case reopened and ask the court to remove your deportation since your notification is invalid.
  • If you lost your request for cancellation of deportation because you did not have enough years to establish your stay in the United States, the court ruling determined that a defective notice never stopped your time and you are likely to be eligible for cancellation now. If so, you are eligible to submit a motion to reopen your case and the judge will evaluate your case one more time.
  • If you are fighting your immigration case in front of a judge, you may be able to file a motion to end your case due to the defective notification.

All people who have seen an immigration judge or who are currently fighting their case, may be able to benefit from the Supreme Court ruling. Contact us (619)748-8621 to evaluate your case and determine if you are eligible.

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