Today, the US Supreme Court issued an important decision that essentially allows thousands of immigrants to seek to reopen their case in Immigration Court.
If a person is in the United States for 10 years or more and have a child, spouse or parent that is a permanent resident or US citizen, they can seek to cancel their removal from the US. However, they cannot apply to for this benefit in Immigration Court if they were arrested and placed into deportation proceedings before reaching those 10 years as the issuance of the charging document cuts off their time. Niz-Chavez v. Barr challenged this issue because the US Government was issuing defective charging documents that did not include the required information by law wrongfully precluding thousands of immigrants from being able to seek the relief they were entitled to.
Today the Supreme Court said the defective charging document does not cut off the time and those persons should be able to seek the relief that they were entitled to. This allows us to potentially reopen thousands of immigration cases where immigrants were wrongfully deprived of their rights! If you have been in Immigration Court and were denied your case, have been here for 10 years or more (even if you were previously deported) contact us to see if you are eligible!
An example of a defective charging document that is not allowed by law. Note it is missing information of the date, time and place of hearing. If you have a charging document that looks like this, call us for a consultation to see if we can help you! 760-233-0800