These summaries are not intended as legal advice. Please contact a licensed attorney to discuss the specifics of your case.
Viewing entries tagged
deportation proceedings
The Fifth Circuit has determined that the statute did not require Orders to Show Cause to include the time and location of a first deportation hearing, and thus, the lack of this info does not require reopening an in absentia deportation order.
The full text of Maradia v. Garland can be found here:
https://www.ca5.uscourts.gov/opinions/pub/20/20-60714-CV0.pdf
The Second Circuit has concluded that Orders to Show Cause that were missing the time and location information of the first deportation hearing still triggered the stop-time provision.
The full text of Jiang v. Garland can be found here:
The Seventh Circuit has concluded that stop-time rule articulated in Pereira v. Sessions does not apply to Orders to Show Cause that are missing the time and location information for the first deportation hearing. In addition, the court reaffirmed that an individual in deportation proceedings cannot apply for cancellation of removal.
The full text of Perez-Perez v. Wilkinson can be found here:
The First Circuit remanded a case for the application of pre-1997 standards. The Board of Immigration Appeals determined that an applicant in deportation proceedings had been convicted of a particularly serious crime. Noting that the court had not yet determined whether pre-1997 law on particularly serious crimes would include non-aggravated felonies, the Court remanded the case for the agency to address this issue in the first instance.
The full text of Velerio-Ramirez v. Lynch can be found here: http://media.ca1.uscourts.gov/pdf.opinions/14-2318P-01A.pdf
