Immigration Article of the Day: Litigation Post-Pereira: Where Are We Now? by Geoffrey A. Hoffman

Litigation Post-Pereira: Where Are We Now? by Geoffrey A. Hoffman

Abstract

The Supreme Court’s decision in Pereira v. Sessions rocked the immigration world in June 2018. Where are we now about one year out from that important decision? It was straightforward in one sense: a putative notice to appear (NTA) lacking the time and place of hearing was insufficient to “stop time” for purposes of cancellation of removal under INA 240A. Pereira paved the way for potentially thousands to seek relief if they were issued defective NTAs. However, the full implications were unclear. What is left up to future courts to discern, and ultimately the Supreme Court itself, is how narrowly or broadly to construe Pereira.

KJ