NTA and Pereira Issues
Pereira v. Sessions and its progeny on whether a defective NTA triggers the stop-time rule.
Cases — NTA and Pereira Issues
585 U.S. 198 (2018) · 2018
A Notice to Appear that does not specify the time and place of the removal hearing is not a valid NTA under the INA and therefore does not trigger the stop-time rule under § 240A(d)(1).
Landmark Supreme Court decision. Created significant litigation over defective NTAs and stop-time rule application. Partially walked back by Niz-Chavez v. Garland (2021).
Find full text593 U.S. 155 (2021) · 2021
A single document must provide all required NTA information—including time and place—to trigger the stop-time rule; a later follow-up notice cannot cure a defective initial NTA for stop-time purposes.
Extended Pereira v. Sessions. Together these cases mean that any NTA without complete time/place information cannot trigger the stop-time rule.
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