Written by attorney Carl Michael Shusterman | Jun 18, 2019

Can A Defective Notice To Appear Be “Perfected”?

In June 2018, the U.S. Supreme Court issued a landmark 8-1 decision in Pereira v Sessions holding that a Notice to Appear (NTA) in Immigration Court which does not state the date and time of the hearing is a defective Notice to Appear and does not give the Immigration Court jurisdiction over a case.

The government has failed to include the date and time in over 90% of the NTAs that it has issued over the past 20 years. Thus, the Pereira decision could void hundreds of thousands of existing and completed removal proceedings.

This would be a disaster for an Administration which is intent on deporting as many people as possible.

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