Saturday, July 21, 2018

Guidance on Pereira v. Sessions

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The American Immigration Council and CLINIC have issued a practice advisory that provides practitioners with strategies and considerations on Pereira v. Sessions. In Pereira v. Sessions, the Court held that service of a defective Notice to Appear (NTA) does cut off eligibility for cancellation of removal. The rationale underlying the Court’s decision, however, more broadly affects both ongoing and closed cases initiated by defective Notices to Appear. The practice advisory is available on both CLINIC and the Council’s websites.


Also, CLINIC has issued a practice pointer on USCIS’s June 28, 2018 NTA guidance memo, which provides summary and analysis as well as practice tips and a chart comparing the new policy with the previous 2011 policy.



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