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Prof. Geoffrey A. Hoffman, May 2, 2021
"The Supreme Court's decision earlier this week in Niz-Chavez v. Garland is potentially revolutionary. First, it rejected the impoverished and incorrect interpretation by circuit courts and the BIA of Pereira v. Sessions (20-18) about the alleged "curing" of a defective Notice to Appear (NTA) by a subsequent notice of hearing. Such an interpretation was not at all supported by Pereira and indeed foreclosed by that decision. Furthermore, more importantly, if interpreted correctly, it may upend the jurisdiction in many cases of the immigration court. I want to emphasize at the outset that the majority does not say anything about jurisdiction and the effect of a deficient NTA on the immigration court's jurisdiction. That said, the issue was not before the Supreme Court and so they were constrained by the issues that were presented to them. It did not have a reason to opine on jurisdiction. Nevertheless, I would point anyone to the following language in the last paragraph in the decision: