Practice Advisory: Pereira v. Sessions – Updated Strategies and Considerations

The U.S. Supreme Court held in Pereira v. Sessions that service of a defective Notice to Appear does not cut off eligibility for cancellation of removal. This practice advisory provides practitioners with strategies and considerations based on the holding and rationale in Pereira v. Sessions. CLINIC and the American Immigration Council drafted the original version of this practice advisory in 2018. CLINIC updated this practice advisory in December 2019.

Related Resources

• Original CLINIC and American Immigration Council Practice Advisory (July 20, 2018)
• Supreme Court Rules That Notices Triggering Stop-Time Rule Must Include Time and Place (Pereira v. Sessions, 6/21/18)
• Featured Issue: The Pereira Ruling and Resulting Fake NTAs
• NIPNLG and IDP Practice Advisory: Challenging the Validity of Notices to Appear Lacking Time-and-Place Information - July 16, 2018
• Think Immigration: A Victory for Due Process - June 29, 2018
• Immigration Impact: Supreme Court Decision May Make Some Eligible for Relief from Deportation- June 29, 2018