The Supreme Court sided with an undocumented immigrant facing deportation with a 6-3 vote. According to the majority opinion, the government must serve immigrants it wishes to deport with “a notice to appear,” meaning one (1) notice with all the relevant information.
The Power of a Notice
A notice to appear stops the clock on immigrants who hope to show they have been in the United States for at least 10 straight years. After 10 years, federal law makes it easier for immigrants to stay in the country. In this case, the government sent a notice to appear after 8 years – without a date or time to appear. Two months later, the immigrant received another notice with more information. So, when does the clock stop?
Clarifying the Law
The Supreme Court believes a notice to appear is only valid when the immigrant has all the information, and that the executive branch should not exceed the power Congress gave it by following laws in a manner that is more convenient for the government. As Justice Neil Gorsuch wrote:
“Interpreting the phrase ‘a notice to appear’ to require a single notice — rather than 2 or 20 documents — does just that.”
When immigrants have all the information they need in a timely manner, they are better able to prepare a deportation defense. “Notice by installment” will no longer stop the clock for immigrants hoping to improve their case, nor will it hold up in court.
Streamlining legal processes takes away bureaucratic hurdles for immigrants and the courts alike.
Moving forward, individuals the government wishes to deport can contact an attorney with all the information and begin preparing for their hearing as soon as they receive notice.
Start Building Your Deportation Defense Right Away
If you have received a notice of deportation, discuss your legal options with Maghzi Law Firm, LLC. Our founding attorney, Ameneh Maghzi, is an immigrant herself, so she truly understands what you’re going through. With a deeply experienced team, Attorney Maghzi can help you face deportation charges and achieve your immigration dreams.
For the peace of mind and committed advocacy you need during this difficult time, please call us at (843) 800-2750 or contact us online to schedule your consultation.