URGENT: RECENT CHANGE IN THE LAW MAY AFFECT YOUR CURRENT OR FUTURE ELIGIBILITY FOR CANCELLATION OF REMOVAL AND/OR SERVE AS THE BASIS TO FILE A MOTION TO REOPEN A PREVIOUS DEPORTATION (REMOVAL) ORDER.
The U.S. Supreme Court issued an important decision on June 21, 2018 that could potentially impact people who were or are currently in removal proceedings. The Court ruled that a “Notice to Appear” (the government document stating that you are being placed in removal proceedings) that lacks the date, time and place for the hearing is NOT proper notice. It therefore does not stop the accrual of time in the U.S. required for eligibility for “Cancellation of Removal” (a form of relief from removal).
You may be eligible to request Cancellation of Removal (if you are currently in removal proceedings) or reopen your case (if you were previously in removal proceedings) IF you:
- received a Notice to Appear which did not contain the specific date, time and place of the hearing;
- were told by an attorney or the Immigration Judge that you did not qualify for Cancellation of Removal because your Notice to Appear was issued before you had accrued the required time in the U.S. – 10 years if you are NOT a lawful permanent resident) or 7 years if you ARE a lawful permanent resident);
- had your cancellation of removal application denied because your Notice to Appear was issued before you had accrued the required 10 or 7 years.
We will not charge prior clients or consultations of Antonini & Cohen for analysis and advice regarding the impact of this new decision on your case.