Friday, January 12, 2018
The Supreme Court granted certiorari today in Pereira v. Sessions, which raises the following question: Whether, to trigger the stop-time rule by serving a “notice to appear,” the government must “specify” the items listed in the definition of a “notice to appear,” including “[t]he time and place at which the proceedings will be held.”
"The “stop-time” rule the First Circuit interpreted below determines whether many noncitizens facing deportation after years of residence in the United States are eligible for a discretionary form of relief called “cancellation of removal.” As the petition details, there is a firmly-established conflict in authority over the proper application of that rule, and the issue recurs frequently.
Cancellation of removal is therefore the last, best hope for the most deserving noncitizens seeking to remain in the country with their family members. Indeed, cancellation of removal is the only way those family members—who are U.S. citizens or lawful permanent residents—can be saved from extreme hardship. Properly and consistently determining eligibility for that relief is therefore exceptionally important not just to the individuals who have lived in this country for years as productive members of our nation and our communities, but to their families as well.
That eligibility for such vital relief currently depends on an arbitrary matter of geography is intolerable. Review is all the more necessary because the First Circuit’s reading of the statute is profoundly erroneous. Amicus therefore respectfully urges the Court to grant the petition to resolve the well- established circuit conflict over the question presented."