April 30, 2021

Victory for Longtime Immigrants at Supreme Court

Bloomberg Law

Immigration Partner Leon Fresco was interviewed on Bloomberg Law's podcast about a recent U.S. Supreme Court decision clarifying that a Notice to Appear (NTA) at a deportation hearing must be a single, complete notice specifying all relevant information about the hearing. The decision has particular implications for those who entered the U.S. illegally but have since become well-established in communities. Immigrants who can prove continuous physical presence in the U.S. for more than 10 years can apply for cancellation of removal, but receiving an NTA stops the clock. Typically, immigrants receive a preliminary, incomplete notice without details such as the date and time, followed by another notice to fill in the blanks. However, the court said that this practice was insufficient to stop the accrual. Centering on the meaning of the word "a," the ruling stated that the notice must be a complete document with all of the required information if it is to stop the clock. Mr. Fresco analyzed the court's opinion and discussed its long-term implications.

Duration: 26:46

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