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Unpub. CA5 Niz-Chavez Remand: Lima-Gonzalez v. Garland

December 30, 2021 (1 min read)

Lima-Gonzalez v. Garland

"Lima-Gonzalez’s NTA did not contain the information required to trigger the stop-time rule. See Niz-Chavez, 141 S. Ct. at 1478-79, 1485; see also § 1229(a)(1)(A)–(G). Neither did any of the subsequent notices of hearing. As a result, the Government has not furnished Lima-Gonzalez with the “single compliant document” required by statute. Niz-Chavez, 141 S. Ct. at 1485. Accordingly, Lima-Gonzalez’s petition for review is DISMISSED in part and GRANTED in part. The BIA’s decision is VACATED, and this matter is REMANDED to the BIA for further consideration in the light of Niz-Chavez."

[Hats off to Hans Bremer!]