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Supreme Court2021

Niz-Chavez v. Garland

593 U.S. 155 (2021)

Status: Current

Summary

Of tremendous significance to both practitioners, especially Respondents' counsel, as this Supreme Court decision further clarifies the way in which a person must be notified of the commencement of removal proceedings against them (through service of a Notice to Appear), as well as to Language Nerds, because this decision goes extremely hard regarding the murky grammar of the English language.

In any case, TL;DR: an NTA has to consist of one single, atomic, unitary document that includes both notice that the named person must appear for immigration proceedings, as well as the place, date, and time of that initial appearance. This sounds stupid and like 'yeah of course duh?' but, uh... It's harder to make a valid NTA than you would expect.

Holding

For purposes of triggering the stop-time rule for cancellation of removal, the government must serve a single Notice to Appear containing all statutorily required information. The required information cannot be supplied through multiple documents served at different times.

Topics: notice to appear, stop-time rule, cancellation of removal, NTA

Related terms: notice to appear, stop-time rule, cancellation of removal

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