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Immigration Law

Expert: SC Decision in Niz-Chavez Could Affect "Hundreds of Thousands of Cases" (Law360)

Suzanne Monyack, Law360, Jan. 1, 2021

"The justices heard oral arguments in November in a challenge to DHS' practice of sending required information about an immigrant's deportation proceedings separately across multiple documents, rather than including it all in one notice. ... If the Supreme Court holds that deportation notices must be sent as one document to stop the clock on residency accrual, the ruling "could affect hundreds of thousands of cases" and give immigrants whose immigration court proceedings were initiated with multipart notices a potential new avenue for relief, said Stephen Yale-Loehr, an immigration professor at Cornell University Law School. It could also force the federal government to jump through "more procedural hoops" and worsen an already ballooning immigration court backlog if the government has to reissue old notices and correct future ones to be one document, he said. "That will slow down the immigration court process, and we've already got a messed up immigration court," Yale-Loehr said."