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Niz-Chavez v. Garland

Supreme Court of the United States · No. 19-863, 593 U.S. 155 (2021)

The Supreme Court held that a Notice to Appear sufficient to trigger the "stop-time rule" (which cuts off the period of continuous presence relevant to certain forms of relief from removal) must be a single document containing all the information the statute requires — not a series of separate notices that collectively supply it.

Decided

2021-04-29

Summary

The Supreme Court held that a Notice to Appear sufficient to trigger the "stop-time rule" (which cuts off the period of continuous presence relevant to certain forms of relief from removal) must be a single document containing all the information the statute requires — not a series of separate notices that collectively supply it. This builds on the Court's earlier Pereira v. Sessions decision.

Current status

This is the current operative standard for what counts as a valid, stop-time-triggering Notice to Appear. It's specifically about the NTA's effect on continuous-presence calculations for relief eligibility, not about NTA issuance or removal-proceeding merits generally.

Read the primary source ↗

Source: Supreme Court of the United States: Niz-Chavez v. Garland, 593 U.S. 155 (2021)

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