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Immigration Law

CA3 on Pereira, Stop-Time: Guadalupe v. Barr

Guadalupe v. Barr

"In Pereira v. Sessions, the Supreme Court held that a Notice to Appear (NTA) that omits the time and date of appearance does not stop a noncitizen’s continuous residency period. The issue before us is whether Pereira abrogated our decision in Orozco-Velasquez v. Attorney General, where we held that an NTA that omits the time and date may be “cured” with a later Notice of Hearing that provides the missing information. We now hold that Pereira does abrogate Orozco-Velasquez. It is our conclusion that the Department of Homeland Security (DHS) may no longer rely on a Notice of Hearing to cure a defective NTA."

[Hats off to Marcia Kazdan!]