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Immigration; Due Process; Notice to Appear; Removal Proceedings; Stop-Time Rule; Cancellation of Removal; Jurisdiction; Deportation; Immigration and Nationality Act
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The Cost Of Cutting Corners: Jurisdictional Implications Flowing From Removal Proceedings Commenced By A Defective Notice To Appear, Juliana M. Lopez
The Cost Of Cutting Corners: Jurisdictional Implications Flowing From Removal Proceedings Commenced By A Defective Notice To Appear, Juliana M. Lopez
Brooklyn Law Review
A Notice to Appear (NTA) in removal proceedings is a written notice served on noncitizens that, among other things, alerts them that they must appear in immigration court for a hearing. In 2018, contrary to statute and common sense, the Department of Homeland Security (DHS) admitted to issuing almost all NTAs without the accurate date, time, and place of the initial proceeding. In response, the Supreme Court, in Pereira v. Sessions, clarified that an NTA without the date and place of the hearing is statutorily defective and cannot be used to bar noncitizens from cancellation of removal. However, DHS circumvented …