Monday, June 8, 2020

Supreme Court Grants Cert in case involving application of Pereira v. Sessions


Minutes ago, the Supreme Court granted cert in Niz-Chavez v. BarrNo. 19-863.  This immigration case raises a technical issue:  Whether, to serve notice in accordance with 8 U.S.C. § 1229(a) and trigger the stop-time rule, the government must serve a specific document that includes all the information identified in Section 1229(a), or whether the government can serve that information over the course of as many documents and as much time as it chooses. 

The case involves the application of the Court's 2018 decision in Pereira v. Sessions, 138 S. Ct. 2105, 2116 (2018)The Sixth Circuit in an unpublished memorandum had denied Niz-Chavez's petition of review.

UPDATE (June 9);  Suzanne Monyak for Law360 (and here) offers background on Niz-Chavez. She describe the issue in the case as follows:  "

will seek to resolve a circuit split over whether these immigration court notices, known as a notice to appear, can consist of multiple documents, or whether they must contain all the legally required information in one document to trigger the so-called stop-time rule.

That rule stops the clock on time an immigrant spent in the U.S. prior to receiving a notice to appear, which can determine whether the immigrant can qualify for certain forms of deportation relief."

Amy Howe discusses the issues in the case for SCOTUSBlog.


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