The Supreme Court on Deportation Procedures in 2021

The new Supreme Court order shows that the government must send detailed notices to immigrants about their deportation orders.

A non-citizen immigrant living in the US can be deported for various reasons, generally an immigrant is deported when he violates the law.

There are several reasons why someone can be deported.

  • Excess Visa Stay
  • Conviction of a crime
  • Violation of US immigration laws
  • You have received public assistance
  • You have drug crime charges
  • You are charged with domestic violence crimes

After deportation, immigrants cannot apply for permanent residence in the United States. Which ultimately leads to the person not being able to see her family for more than a decade. Deportation proceedings are carried out to administer the deportation of an individual.

However, the United States Supreme Court is giving new hope to immigrants subject to deportation. The court now blames the government in a ruling for incorrectly informing a man about his deportation order. It was concluded that federal immigration law should require authorities to send a notice with details.

Judge Neil Gorsuch writes in the ruling: “In the case, the term of the law ensures that, when the federal government seeks a procedural advantage against an individual, it will at least provide a single reasonably complete statement of the nature of the process against him. ”.

Judge Neil Gorsuch is joined by Conservative Justices Clarence Thomas and Amy Coney Barrett and three other Liberal justices.

What does the decision mean for deportees

Immigrants must now be informed about how, under federal law, immigrants can cancel their deportation on the condition that they meet various criteria. Immigrants must also receive a “notice to appear” notice that includes various information, such as the time of the procedure, the nature of the procedure, and also when the procedure will take place.

About Niz-Chavez v. Garland, No. 19-863

Niz-Chavez v. Garland agrees to a 1996 federal law that allows deportable immigrants to request to remain in the country if they meet certain requirements. Under this law, the notice to appear for a deportation hearing lists several types of information, including the nature of the procedure and when and where it will take place.

The case reached the higher courts because of Agusto Niz-Chávez, an immigrant from Guatemala who entered the United States illegally in 2005. In 2013, Mr. Niz-Chávez received a notice to appear before an immigration judge with a date but not time. Two months later, in May, he received a notice of hearing in the deportation process. Later in June, Niz-Chávez appeared in immigration court, where he stated that he wanted to request withholding of deportation under the Immigration and Nationality Act (INA) and reparation under the Convention Against Torture.

After his request was denied multiple times, Niz-Chávez asked the Board of Immigration Appeals to appeal his case. But then the US Court of Appeals rejected Niz-Chávez’s request for a review, for the sixth time. But now, starting in 2021, the Supreme Court ruled that Mr. Niz-Chávez can request permission to stay in the country. Ultimately, the Supreme Court ruled that deportation orders must be extremely detailed and explain the timelines and reasons.

For more information on deportations or withholdings of removal, contact us for a free consultation.

More Information

Request a
Free Consultation
We will do our best to to help you. Please leave your information so we can contact you.

    Miami, Florida
    28 W. Flagler St. Str 710
    Miami, FL 33130
    Cary, North Carolina
    106 Fountain Brook Circle, Suite D
    Cary, NC 27511
    Clinton, North Carolina
    2164 Southeast Blvd
    Clinton, NC 28328
    McAllen, Texas
    1508 W Dove Ave, Suite D
    McAllen, TX 78504
    Immokalee, Florida
    550 New Market Rd E, Suite #6
    Immokalee, FL 34142
    Atlanta, Georgia
    2014 Beaver Ruin RD #102 Norcross
    Atlanta, Georgia 30071