BIA Defied High Court Over Immigration Notices, Attys Say
By Nicole Narea (May 3, 2019, 9:16 PM EDT) -- A recent decision by the Board of Immigration Appeals flies in the face of the U.S. Supreme Court's contentious 2018 decision in Pereira v. Sessions concerning how the government must notify immigrants that they are subject to deportation proceedings, attorneys said.
Under the Immigration and Nationality Act's stop-time rule, noncitizens can petition for cancellation of removal only if they have lived in the U.S. for at least 10 years before receiving a notice to appear. The Supreme Court's decision in Pereira v. Sessions had clarified that, in order to stop the clock on their time of continuous residence, a valid notice...
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