• About
  • Advertise
  • Careers
  • Write for us
  • Contact
  • Terms of service
Thursday, June 30, 2022
The Millennial Source
TMS
Home WORLD

A recent Supreme Court decision has bought extra time for many undocumented immigrants in the US

byThe Millennial Source
May 5, 2021
in WORLD
A recent Supreme Court decision has bought extra time for many undocumented immigrants in the US

Source: Jonathan Ernst, Reuters

Share on FacebookShare on TwitterShare on Linkedin
The case involved two somewhat obscure laws: the “non-LPR cancellation of removal” clause of the Immigration & Nationality Act (INA) and the so-called “stop-time” rule.

  • On April 29, the United States Supreme Court sided with an undocumented Guatemalan immigrant who was looking to avoid his removal from the country.
  • The petitioner (or defendant) in the case was Agusto Niz-Chavez, who has been in the country illegally since 2005.
  • The unexpected decision by the Supreme Court involved half of its conservative bloc siding with the three liberal Justices.
  • The case involved two somewhat obscure laws: the “non-LPR cancellation of removal” clause of the Immigration & Nationality Act (INA) and the so-called “stop-time” rule.

Who is Agusto Niz-Chavez?

  • Niz-Chavez arrived in the US from Guatemala in 2005 without legal documentation.
  • In 2013, Niz-Chavez was pulled over by the police while driving a car with a broken taillight and was discovered to be in the country illegally.
  • That initiated deportation proceedings, with Niz-Chavez receiving notice to appear in court for a deportation hearing.
  • But the original notice to appear did not include all the relevant information. A second notice provided the time and place of the hearing,
  • Niz-Chavez contended that because the initial notice did not have all the necessary evidence, he shouldn’t be deported.
  • The Supreme Court, in a 6-3 vote, agreed with Niz-Chavez.
  • He will now be allowed to stay in the country.

What was the thinking behind the Supreme Court’s decision?

  • To understand the Supreme Court’s decision, we need to go back and learn about two related immigration laws.
  • The first is the non-LPR cancellation of removal clause, which provides a pathway for undocumented immigrants to gain legal residency.
  • Simply put, this clause allows someone who is in the country illegally to petition the government to be allowed to stay.
  • That person must meet four criteria: They must have been in the country continuously for 10 years, they must have been “of good moral character during such period,” they must not have broken the law and they must prove their removal would cause “unusual hardship” to a family member who is legally in the country
  • If Niz-Chavez could prove he met all four criteria, as of 2015, he could have petitioned the government to stay in the US.
  • However, because he was pulled over by the police in 2013, that technically initiated something known as the “stop-time” rule.
  • Essentially, this rule is like a pause button on a person’s 10 years. That pause happens when the person receives their notice to appear in deportation court.
  • Luckily for Niz-Chavez, the Supreme Court decided that since a notice to appear is only valid if it includes all relevant information, the stop-time didn’t begin for him.

How did the Justices vote?

  • In Niz-Chavez v. Garland (with “Garland” referencing Attorney General Merrick Garland), the Supreme Court overturned the decision of multiple lower courts.
  • The previous courts had all denied Niz-Chavez’s petition to not be removed.
  • The important question the Supreme Court had to determine was whether the government can provide relevant information in multiple deportation notices, or if it must do so in a single document.
  • Six Justices determined the information must be in a single document: Justices Neil Gorsuch (who wrote the decision), Amy Coney Barrett, Stephen Breyer, Elena Kagan, Sonia Sotomayor and Clarence Thomas.
  • In a summary of the Court’s decision, Gorsuch wrote,  “When the federal government seeks a procedural advantage against an individual, it will at least supply him with a single and reasonably comprehensive statement of the nature of the proceedings against him.”
  • In his dissent, Justice Brett Kavanaugh, also writing for Chief Justice John Roberts and Justice Samuel Alito, argued the decision would “impose substantial costs and burdens on the immigration system.”
  • Legal experts now believe that the Court’s decision will buy time for other undocumented immigrants who find themselves in Niz-Chavez’s situation.

Have a tip or story? Get in touch with our reporters at [email protected]

Like TMS? Subscribe to our free daily newsletter

Related

Tags: Longer readNorth AmericaPolitics
ShareTweetShare

Latest Posts

period tracking apps

Why people in the US are deleting – and downloading – period tracking apps

June 30, 2022
Spotify R. Kelly

Spotify removed R. Kelly’s music in 2018, but then put it back up. What happens now that he’s a convicted sex offender?

June 30, 2022
Supreme Court abortion

The US Supreme Court’s abortion ruling

June 27, 2022

Here’s what’s happened at the G7 summit so far

June 27, 2022

The US orders Juul vapes off the market. Here’s what you need to know

June 24, 2022

US Senate agrees to fast-track new gun law

June 23, 2022

The fourth day of the January 6 hearings show Trump’s pressure campaign on election officials

June 22, 2022

Senator Ron Wyden proposes a tax increase on price-gouging oil companies

June 15, 2022

US House of Representatives holds primetime TV hearings on the January 6 attack on the Capitol. Here’s what you need to know

June 13, 2022

SUBSCRIBE TO THE TMS NEWSLETTER

By providing your email, you agree to our Privacy Policy

The Millennial Source Ltd. 2021

No Result
View All Result
  • Your daily briefing
  • About us
  • Explore
    • Startups
    • Climate change
    • Tech giants
    • Crypto
    • The future of work
    • Banking giants
    • Economy
  • Lifestyle
  • Human stories
  • TMS archives
  • Write for us
  • Contact
  • Privacy Policy & Terms

2022 The Millennial Source Ltd.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Add New Playlist

We are using cookies to give you the best experience on our website.

You can find out more about which cookies we are using or switch them off in settings.

string(24) "jsonld single post debug"
The Millennial Source
Powered by  GDPR Cookie Compliance
Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.

Strictly Necessary Cookies

Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings.

If you disable this cookie, we will not be able to save your preferences. This means that every time you visit this website you will need to enable or disable cookies again.