|New Supreme Court case, Niz-Chavez v. Garland, is a victory for Immigrant Communities|
|April 30, 2021|
On April 29, 2021, the Supreme Court issued an important decision that could allow many individuals to seek relief from removal proceedings that was previously unavailable to them.
“The justices decided that federal immigration law requires authorities to include all relevant details for a notice to appear for a hearing in one document rather than sending the information across multiple documents. While a technical issue, the ruling could affect hundreds of thousands of immigration cases.”
The Department of Homeland Security, for years, has issued notices to appear for individuals in removal proceedings that leave out certain information, such as the date and location of the immigration hearing. Many forms of relief require that the individual show that they have been in the United States for a certain number of years. Previously, any notice to appear issued by the government would stop the counting of that time.
The Court’s decision, however, states that when a notice does not contain all of the required information, the counting of time does not stop. This means that many individuals who did not previously qualify for relief, because the counting of time was previously stopped by the notice to appear, may now be eligible for such relief.”
Read full article here.
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