Some immigrants could have their deportation canceled if they were not properly notified

Some immigrants could have their deportation canceled if they were not properly notified

Do you need help or have questions about your immigration process or your application? Call us today at (619) 746-8879

In April 2021, the Supreme Court ruled that the federal government must provide all information to immigrants facing deportation in a single notice. If they fail to do so, the removal proceedings may be canceled.

According to an article by ABC News, the U.S. Immigration and Customs Enforcement has notified immigrants about their deportation cases in two parts. First, they send an initial notice to appear in court, and then they provide the date, time, and location of the proceedings.

“Justice Neil Gorsuch, in his majority opinion, criticized the piecemeal approach as exceeding federal law. (…) The issue, he argued, hinged on the shortest of words: a 1996 immigration law calls for the government to issue ‘a’ notice to appear, implying Congress intended those facing deportation to receive a single document”, the aforementioned website wrote.

In addition, immigration activists argue that ICE’s notice process causes many immigrants to miss their court hearings, as months can pass between the initial and follow-up notices. “Some, they say, don’t even find out until years later that they had a deportation hearing and were ordered removed from the country by a judge,” ABC News explained.

All of the information should be on a single notice

According to the ICE, they have provided the required information for immigrants on a single notice since January 2019.

“It also referred to a June memo in which it said ICE lawyers will ‘exercise their prosecutorial discretion’ in deciding whether to challenge immigrants who seek to reopen their immigration cases in light of the Niz-Chavez ruling,” ABC News wrote.

Every immigration case is unique and requires personalized attention. On top of that, it can become very complicated, especially if you do not have an immigration lawyer by your side. For this reason, we are ready to answer your questions and help you through your immigration journey at Kannan Law.