Really good news for almost all individuals who have a pending or past immigration case. This past week, in Pereira v. Sessions, the United States Supreme Court announced that the Notice To Appear (“NTA”), which is the document that the Department of Homeland Security (“DHS”) filed with the Immigration Court to begin your deportation case, must state the specific date and time of the first hearing in the case. NTAs issued in hundreds of thousands of cases only stated that the date and time was “to be determined” or “to be set”. These NTAs are "defective"
The most significant consequence of this is that your attorney can ask the Immigration Court to terminate your case. If you were previously ordered deported your order of deportation could be void. That means it has no effect on your status in the United States.
Individuals who have a current deportation case or were in deportation court at any time before must consult with an experienced immigration immediately to determine how it can affect you. One positive outcome is that if your attorney is successful under this new law you could apply to get your bond money back.
Every case has to be carefully analyzed to determine what it means in your case. Contact my office immediately to schedule an evaluation of your situation. I look forward to helping you understand the gift that has been handed to you.
