Stop-Time Rule — INA § 240A(d)(1)

497 F.3d 919 (9th Cir. 2007) · 2007

The stop-time rule under INA § 240A(d)(1) is triggered by service of a Notice to Appear; continuous physical presence ceases upon NTA service regardless of whether the NTA specifies a hearing date.

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).

593 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.