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Pereira May Give You a Solution

We understand that it is a hard time to be in immigration court right now with so much uncertainty. The good news is that under Pereira there are new avenues of relief. See our blog post for more information on this important 2018 Supreme Court case at: Our office can help you navigate the changing legal landscape and help you determine if and how the Supreme Court’s decision may impact your case.

Our office can assist you with filing an application for 42A or 42B cancellation of removal. We can try to reopen your case if your application for cancellation of removal was wrongly denied, or if you were ordered removed based on an invalid NTA. Our office can request to terminate your case due to the defective NTA. We can also appeal your case based on a denial of cancellation of removal. Our office will stay with you throughout the process, remaining up to date on any changes to the law that could help you, and vigorously fighting on your behalf.

Pereria v Sessions Ruling

We understand that it is a hard time to be in immigration court right now with so much uncertainty. The good news is that under Pereira there are new avenues of relief. See our blog post for more information on this important 2018 Supreme Court case at: SUPREME COURT ISSUES DECISION TO EXPAND ELIGIBILITY FOR CANCELLATION OF REMOVAL THAT COULD IMPACT NEARLY ALL IMMIGRATION CASES. Our office can help you navigate the changing legal landscape and help you determine if and how the Supreme Court’s decision may impact your case.

Our office can assist you with filing an application for 42A or 42B cancellation of removal. We can try to reopen your case if your application for cancellation of removal was wrongly denied, or if you were ordered removed based on an invalid NTA. Our office can request to terminate your case due to the defective NTA. We can also appeal your case based on a denial of cancellation of removal. Our office will stay with you throughout the process, remaining up to date on any changes to the law that could help you, and vigorously fighting on your behalf.

In Pereira, the Supreme Court analyzed the “stop-time” rule and the requirements for the NTA. The Court found that for purposes of cancellation of removal, the residency time period is not cut off by a NTA if that document does not specify the time and place of the non-citizen’s immigration court hearing. As the Government recognized in that case, the vast majority of NTAs do not specify this information. Rather, these notices typically say “to be determined.” Indeed, our office commonly sees immigrants with NTAs that do NOT have a date or time specified. Under the Court’s ruling, all of those NTAs are potentially invalid and the service of that document does not trigger the “stop-time” rule. Our office plans to use this ruling aggressively on behalf of our clients--we have already been using this case when we defend immigrants from deportation or removal.

First and foremost, the Court’s ruling expanded eligibility for cancellation of removal, allowing non-citizens who received NTAs that do not specify the time and place of the hearing to continue accruing years of residency. As an example, if a non-citizen entered the United States in July of 2008, and in July of 2017 was served a NTA that merely says “to be determined” instead of specifying the time and place of the hearing, that NTA would not cut off his or her residency for cancellation of removal. The non-citizen would have continued accruing time as the immigration court proceedings were on-going. At this point, by September of 2018, this person would meet the residency requirement. Prior to Pereira, this person would not have been eligible.

However, this case is broader than just cancellation of removal. This case could cause major upheaval in immigration court and the termination of thousands of cases. The Supreme Court went as far as to state that documents served on non-citizens without hearing information are not NTAs at all. This could mean that any NTA that does not designate the time and place hearing is invalid, and that therefore, immigration court proceedings should not have started upon filing this document in the first place. It would mean that non-citizens’ cases could be taken out of immigration court and that DHS would be required to file a new, valid, NTA.

Are you Affected?

Any person that has received a NTA that does not specify the time and place of the hearing is potentially affected by this case. If your NTA looks like this, it is potentially invalid, and you may be impacted:

This NTA is potentially invalid because it does not designate the time and date of the hearing. You are especially impacted if you have a pending case for cancellation of removal or if your cancellation of removal application was denied due to lack of residency. By this point, you may have accrued the amount of time needed for your application to be viable.

What Should You Do Going Forward?

  • If you have been told that you are not eligible for 42A (INA 240A(a)) or 42B (INA 240A(b)) cancellation of removal due to the residency requirements, speak with an immigration attorney as soon as possible--you may now be eligible.
  • If your application for cancellation of removal was denied due to the residency requirements, speak with an immigration attorney about reopening your case due to a change in law.
  • If you are currently in immigration court and need more time to prepare for your case, want to file other applications with USCIS, or just want to do everything you can to slow down the process, talk with a Los Angeles immigration lawyer here at the Immigration Law Office of Los Angeles, P.C. (800-792-9889) about filing a motion to terminate your case due to a defective Notice to Appear.
  • If you previously were ordered removed but perhaps have other applications, such as family-based applications, contact a Los Angeles immigration attorney here at the Immigration Law Office of Los Angeles, P.C. (assistant@immigrationhelpla.com) about reopening your case based on the invalid Notice to Appear.
  • If you were ordered removed recently, speak with an immigration attorney here at the Immigration Law Office of Los Angeles, P.C. (www.immigrationhelpla.com) about appealing that removal order due to this new case.
  • If you have an upcoming hearing and you are unsure of how best to proceed, ask the Immigration Judge for more time to find an attorney so that they can prepare a Pereira motion. If your attorney at another office did not talk to you about this, find another attorney!

Los Angeles Cancellation of Removal Attorneys

What is the Cancellation of Removal Process?

When an immigrant or foreign national in the United States commits certain types of crimes, they may be subject to removal proceedings which seek to examine whether an illegal alien is subject to said removal for return to their country of origin. Some foreign nationals may qualify for a cancellation of removal, which would halt the removal process and prevent deportation. The United States government will not make a determination as to whether an individual qualifies for cancellation of removal, which is why it is a good idea to seek help from a knowledgeable immigration attorney who can make the proper identification and proceed accordingly in a deportation defense.

Are You Trying to Remain in the United States?

Cancellation of removal is available to individuals who have been designated as lawful permanent residents for at least 5 years, have lived in the United States for at least 7 years in any status type, and who have not been convicted of an aggravated felony. Cancellation of removal is also available to non-permanent residents who have lived in the United States possessing a good moral character a minimum of 10 years, have not been convicted of certain crimes, and can prove that successful removal would result in imminent hardship to the individuals loved ones, including spouses, parents or children.

Call Today for Legal Assistance

The Immigration Law Office of Los Angeles, P.C. has a deep understanding of how the removal process works, as well as any measure that may be taken to halt or even cancel the removal process and allow a foreign national to remain in the United States. Founding Attorney Scott McVarish established a respectable reputation throughout Los Angeles for his hard work, dedication and a genuine concern for the well-being of his clients. He is highly knowledgeable in his field and can act as an advocate for your cause that can guide you through the process in a reassuring way while making sure to meet procedural and other requirements to achieve success.


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3415 S. Sepulveda Blvd, Suite 570, Los Angeles, CA 90034 | Phone: (310) 683-4516  Local Phone: (310) 242-8936 Office Location

3415 S. Sepulveda Blvd, Suite 570, Los Angeles, CA 90034 | Phone: (310) 683-4516  Local Phone: (310) 242-8936 Office Location

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    Copyright © 2018 The Immigration Law Office of Los Angeles, P.C. - All Rights Reserved. Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.