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ICE Position to Supreme Court Decision May Cancel Deportation

A recent decision of the Supreme Court indicated that a Notification to Appear (NTA) at the Immigration Court requires the closing date, time, and place of the hearing in order to be valid.

This Supreme Court decision is particularly important because persons who do not qualify for the Cancellation of Removal (known as the 10-year law) because they did not reach the required 10-year period before receiving their notification to appear before a judge, could qualify for a cancellation arguing that the notification of appearance before the judge is not valid.

In these cases, it may also be possible to terminate the deportation proceedings based on the fact that by not having the information required by law, the document originating the deportation process is not legally valid.

According to ICE’s interim guidance posted on their website, persons who qualified for the cancellation of removal under this reasoning, but who already received a deportation order may submit a Motion to Reopen before November 16, 2021, in order to present their case for cancellation of removal.

For further guidance on this relief, please book a consultation with attorney Sandoval at 954-306-6921 or at https://www.carlosesandoval.com/schedule-a-consultation/

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