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Our Immigration Law Blog

By The Grotas Firm, PC

Pereira v. Sessions: A Major Change in Immigration Law

If you know anyone who has been deported they may be able to get the order of deportation reopened and achieve lawful status in the USA. The Grotas Firm is proud to discuss Pereira v. Sessions, a recent Supreme Court of the United States decision which fundamentally alters immigration law.

What does the case say:

In order to call noncitizens to a removal hearing, they need to be provided with a Notice to Appear (NTA). Some NTAs include the time, date, and place of the scheduled hearing, but others say that this information is to be determined.

In Pereira, the Supreme Court held that the charging document or Notice to Appear that does not specify the time and place of removal proceedings does not meet the statutory definition of a Notice to Appear (NTA). Therefore, it must be invalid.

How can it help you:

If your Notice to Appear did not contain the date, time, location of your immigrant court then I can seek to reopen old orders of removal or terminate ongoing cases.

There is a limited time frame for these motions to be submitted, so don’t delay!

If you have been ordered deported you should take the following steps:

  1. Get a copy of your immigration court file because it will allow you to determine whether this
    may apply to you.
  2. Discuss your case with a qualified attorney to determine whether they can help you.

See the ruling:

Download the decision.

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