The Higher Court’s Ruling on Deportation Proceedings in 2021


New Supreme Court ruling shows the government is required to send detailed notices to immigrants about their deportation hearings.


Deportation Orders

A non-citizen immigrant living in the US might get deported due to several reasons, typically it is done if the immigrant violates the law.

There are several reasons why someone might be deported:

  • Visa Overstay
  • Conviction of a Crime
  • Violation of U.S. Immigration Laws
  • Receiving Public Assistance
  • Drug crimes
  • Crimes of Domestic Violence

    After deportation, immigrants cannot apply for permanent residence in the United States. Which eventually leads the person to not be able to see their relatives for over a decade. Deportation proceedings are occurred to administrate the removal of an individual.

    However, the U.S. Supreme Court is giving new hope to immigrants subject to deportation. The court is now blaming the government in a ruling for informing a man improperly about his deportation order. It was concluded that the federal immigration law needs to require the authorities to send a notice with details. In other words, the deportation orders must incorporate all examinations for a notification to show up for a hearing in one record as opposed to sending the data across different archives.

    Justice Neil Gorsuch writes in the ruling, “In the case, the law’s term ensure that, when the federal government seeks a procedural advantage against an individual, it will at least supply him with a single reasonably comprehensive statement of the nature of the proceedings against him”.

    Justice Neil Gorsuch is joined by conservative justices Clarence Thomas and Amy Coney Barrett and also by three other liberal justices.

    What does the decision mean for deportees?

    Now immigrants should be informed about how under federal law, immigrants can have their deportation canceled on the condition that they meet various criteria. Immigrants should also get a notice “notice to appear” that includes various pieces of information such as the time of the proceeding, the nature of it, and also when the proceeding will take place.

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

    Niz-Chavez v. Garland, deals with a 1996 federal law that allows immigrants subject to deportation to apply to stay in the country if they meet certain requirements. According to this law, the notice to appear for a deportation hearing, lists various kinds of information, including the nature of the proceeding and when and where it will take place.

    The case reached the higher courts because of Agusto Niz-Chavez, an immigrant from Guatemala who entered the United States unlawfully in 2005. In 2013, Mr. Niz-Chavez was served with a notice to appear before an immigration judge with a date but no time. Two months later, in May, he received a notice of hearing in removal proceedings. Later in June, Niz-Chavez appeared before the immigration court, where he stated he wanted to seek withholding of removal under the Immigration and Nationality Act (INA) and relief under the Convention Against Torture.

    After getting his petition denied several times, Niz-Chavez asked the Board of Immigration Appeals to appeal his case. But then the U.S. Court of Appeals denied Niz-Chavez’s petition for review, for the sixth time. But now as of 2021, the Supreme Court ruled that Mr. Niz-Chavez is able to apply to seek permission to stay in the country. Ultimately, the Supreme Court ruled that deportation orders need to be extremely detailed explaining time frames and reasons.

    For more information on deportations or deportation withholdings Contact Us for a Free Consultation.

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