Immigration Attorneys Protect the 10 Year Rule in Deportation Matters

One of the elements in contesting deportation proceedings is to prove the respondent has been continuously present in the U.S. for a minimum of 10 years prior to the issuance of a Notice to Appear (NTA). In addition, in Cancellation of Removal matters for non-residents, one must prove exceptional and extremely unusual hardship to US citizen children or a U.S. citizen of Lawful Permanent Resident spouse, were the respondent, or undocumented individual, to be removed from the U.S.

Our immigration lawyers keep up to date on current changes and policies in immigration law and policy so as to help our clients regarding any recent updates for their immigration cases.

The U.S.Supreme Court has held that a Notice to Appear in Immigration Court not containing the date and time of the hearing does not cut off the 10 years presence required to grant the person the right to contest deportation. A putative notice sent to a nonpermanent resident to appear at a removal proceeding that fails to designate a specific time or place for that proceeding does not end the continuous residence period calculation necessary for possible cancellation of the individual’s removal. This was the holding of a recent U.S. Supreme Court case in the matter of Pereira v Sessions.

The rationale underlying the Court’s decision broadly affects both ongoing and closed cases initiated by defective Notices to Appear. However, on August 31, 2018, the Board of Immigration Appeals (BIA) issued a precedent decision in Matter of Bermudez-Cota limiting the reach of Pereira v. Sessions to the stop-time rule.

On June 21, 2018, the U.S. Supreme Court held in Pereira v. Sessions, that the service of a defective Notice to Appear does not cut off eligibility for cancellation of removal. The rationale underlying the Court’s decision broadly affects both ongoing and closed cases initiated by defective Notices to Appear. However, on August 31, 2018, the Board of Immigration Appeals (BIA) issued a precedent decision in Matter of Bermudez-Cota limiting the reach of Pereira v. Sessions to the stop-time rule.

For a free consultation, contact our immigration lawyers in Las Vegas at (702) 836-9003 or in Reno, Carson City and Northern Nevada at (775) 826-2099. You may also contact our lead immigration attorney via email by clicking here. 

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