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Court rules against government on technical question of notice requirement in immigration law

The Supreme Court on Thursday issued a 6-3 opinion in Niz-Chavez v. Garland, reversing a lower court’s decision that had limited access to “cancellation of removal,” an important form of relief for noncitizens in deportation proceedings.

Justice Neil Gorsuch wrote the majority opinion, adopting a rigid interpretation of a federal statute that requires the government to serve a “notice to appear” in order to trigger the “stop-time” rule. That rule can foreclose access to immigration relief by preventing noncitizens from accruing the time required for eligibility. According to the majority, in order to trigger the stop-time rule, the government must issue a single immigration charging document with various pieces of required information, including the date and time of the hearing. The majority rejected the government’s contention that a series of documents could together comprise the required notice, noting that the plain language of the law, as well as its structure and history, indicate a single document is required.

The voting line-up was unusual. Gorsuch’s majority opinion was joined by the court’s three liberals – Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan – as well as two other conservatives – Justices Clarence Thomas and Amy Coney Barrett. Justice Brett Kavanaugh wrote a dissent, which was joined by Chief Justice John Roberts and Justice Samuel Alito.

Check back soon for in-depth analysis of the opinion.

Recommended Citation: Jayesh Rathod, Court rules against government on technical question of notice requirement in immigration law, SCOTUSblog (Apr. 29, 2021, 10:43 AM), https://www.scotusblog.com/2021/04/court-rules-against-government-on-technical-question-of-notice-requirement-in-immigration-law/