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Immigration Law

CA1 Amicus Win: LaParra-DeLeon v. Garland

NILA in Action, Nov. 7, 2022

"In LaParra-DeLeon v. Garland, NILA submitted an amicus brief and reply brief in support of the petitioner, on behalf of itself and three other immigrants’ rights organizations. The case, a petition for review of published BIA decision Matter of LaParra, involved a notice to rescind an in absentia removal order based on lack of notice. The petitioner and amici argued that, where an individual does not receive an NTA that complies with 8 U.S.C. 1229(a)(1) under Pereira v. Sessions and Niz-Chavez v. Garland, because the NTA does not contain time or place information for their hearing, they have not received the notice required to issue an in absentia order. The First Circuit agreed, holding that, under the plain language of 8 U.S.C. § 1229a(b)(5)(C)(ii), the petitioner “’demonstrate[d]’ that he did not receive ‘notice in accordance with paragraph (1) or (2) of section 1229(a),’” and therefore warranted rescission based on lack of notice."

[Hats off to Lidia M. Sanchez, for petitioner, and Kristin Macleod-Ball and Trina Realmuto on brief for National Immigration Litigation Alliance, Political Asylum/Immigration Representation Project, American Immigration Lawyers Association, and American Immigration Council, amici curiae!]