ICE's position on the Supreme Court decision could cancel deportation.
ICE's position on the Supreme Court decision could cancel deportation.
A recent Supreme Court decision indicated that a Notice to Appear (NTA) in Immigration Court requires the closing date, time and place of the hearing to be valid.
This Supreme Court decision is particularly important because individuals who do not qualify for Cancellation of Removal (known as the 10 year law) because they did not serve the required 10 year period prior to receiving their notice to appear before a judge, may qualify for a waiver by claiming that the notice to appear before the judge is invalid.
In these cases, it may also be possible to terminate the deportation proceedings on the grounds that the document triggering the deportation proceedings is not legally valid because it lacks the information required by law.
According to ICE’s interim guidance posted on its website, individuals who qualified for cancellation of removal under this rationale, but who have already received a deportation order may file a motion to reopen by November 16, 2021, in order to file their cancellation of removal case.
For more guidance on this benefit, book a consultation with Attorney Sandoval at 954-306-6921 or at https: Source
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Carlos Sandoval
Carlos Enrique Sandoval, Attorney, member of the FL Bar, AILA and licensed to practice law by the Supreme Court and the Federal Court for the Southern District of Florida.
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