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Pereira v. Sessions

Supreme Court of the United States

April 23, 2018, Argued; June 21, 2018, Decided

No. 17-459.

Case Summary

Overview

HOLDINGS: [1]-A putative notice to appear that fails to designate the specific time or place of a noncitizen's removal proceedings is not a notice to appear under 8 U.S.C.S. § 1229(a), and so does not trigger the stop-time rule under 8 U.S.C.S. § 1229b(d)(1)(A) for determining eligibility for cancellation of removal. Based on the plain text of the statute, it is clear that to trigger the stop-time rule, the government must serve a notice to appear that, at the very least, specifies the time and place of the removal proceedings.

Outcome

Judgment reversed; case remanded. 8-1 decision; 1 concurrence; 1 dissent.

LexisNexis® Headnotes

 

 

Immigration Law > Deportation & Removal > Relief From Deportation & Removal > Cancellation of Removal

Immigration Law > Deportation & Removal > Administrative Proceedings > Notices & Orders

HN1  Cancellation of Removal

Nonpermanent residents who are subject to removal proceedings and have accrued 10 years of continuous physical presence in the United States, may be eligible for a form of discretionary relief known as cancellation of removal. 8 U.S.C.S. § 1229b(b)(1). Under the so-called stop-time rule set forth in § 1229b(d)(1)(A), however, that period of continuous physical presence is deemed to end when the alien is served a notice to appear under 8 U.S.C.S. § 1229(a). Section 1229(a), in turn, provides that the government shall serve noncitizens in removal proceedings with written notice (in this section referred to as a notice to appear) specifying several required pieces of information, including the time and place at which the removal proceedings will be held. 8 U.S.C.S. § 1229(a)(1)(G)(i).

 

Immigration Law > Deportation & Removal > Relief From Deportation & Removal > Cancellation of Removal

Immigration Law > Deportation & Removal > Administrative Proceedings > Notices & Orders

HN2  Cancellation of Removal

If the government serves a noncitizen with a document that is labeled notice to appear, but the document fails to specify either the time or place of the removal proceedings, it does not trigger the stop-time rule for determining eligibility for cancellation of removal. A notice that does not inform a noncitizen when and where to appear for removal proceedings is not a notice to appear under 8 U.S.C.S. § 1229(a) and therefore does not trigger the stop-time rule.

 

Immigration Law > Deportation & Removal > Relief From Deportation & Removal > Cancellation of Removal

HN3  Cancellation of Removal

Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, the Attorney General of the United States has discretion to cancel removal and adjust the status of certain nonpermanent residents. 8 U.S.C.S. § 1229b(b). To be eligible for such relief, a nonpermanent resident must meet certain enumerated criteria, including that the noncitizen must have been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of an application for cancellation of removal. 8 U.S.C.S. § 1229b(b)(1)(A).

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138 S. Ct. 2105 ; 201 L. Ed. 2d 433 ; 2018 U.S. LEXIS 3838 ; 27 Fla. L. Weekly Fed. S 406; 2018 WL 3058276

WESCLEY FONSECA PEREIRA, Petitioner v. JEFFERSON B. SESSIONS, III, ATTORNEY GENERAL

Notice: The LEXIS pagination of this document is subject to change pending release of the final published version.

Prior History:  [1] ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT

Pereira v. Sessions, 866 F.3d 1, 2017 U.S. App. LEXIS 13871 (1st Cir., July 31, 2017)

Disposition: 866 F.3d 1, reversed and remanded.