On June 21, 2018, the United States Supreme Court issued its ruling in the case Pereira v. Sessions, establishing that Notices to Appear, commonly known as NTAs, are not valid if they do not specify the place, date, and time of the hearing. The majority of these notices were issued in such a way, and it can now be argued that they are not valid.
How Does Pereira v. Sessions Affect Me?
First, you need to check your Notice to Appear to see if it includes the date and time of your immigration court hearing. Most of these notices left this information blank or with the letters TBD, indicating that the details would be determined later. If your notice is in this situation, you may have the option to:
- If you already have a deportation order and have appealed your case, you can file a motion to reopen your case and terminate it due to the defective notice.
- If you have a deportation order because you did not attend your hearing, you can file a motion to reopen your case and ask the court to lift your deportation since your notice is invalid.
- If you lost your cancellation of removal petition because you did not have enough qualifying years to establish your stay in the United States, the court’s Pereira v. Sessions ruling determined that a defective notice never stopped your time, and you may now be eligible for cancellation. If so, you can file a motion to reopen your case and have the judge reassess your case.
- If you are currently litigating your immigration case in front of a judge, you may be able to file a motion to terminate your case due to the defective notice.
All individuals who have appeared before an immigration judge or are currently fighting their case may potentially benefit from the Supreme Court’s Pereira v. Sessions ruling. Contact us at (619) 748-8621 to assess your case and determine if you are eligible.