CA2 Holds That a Pre-IIRAIRA OTSC Need Not Have Included Time-and-Place Information to Trigger Stop-Time Rule

The court held that the U.S. Supreme Court’s holdings in Pereira v. Sessions and Niz-Chavez v. Garland concerning the requirement that time-and-place information for a noncitizen’s removal hearing be specified in a single Notice to Appear (NTA) in order to successfully trigger the stop-time rule under INA §240A(d)(1)(A) do not apply to Orders to Show Cause (OTSCs) issued prior to the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA). The court thus upheld the BIA’s denial of the petitioner’s motion to reopen his removal proceedings. (Jiang v. Garland, 11/24/21)

Related Resources

• Supreme Court Rules That Notices Triggering Stop-Time Rule Must Include Time and Place (Pereira v. Sessions, 6/21/18)
• SCOTUS Rules NTA Sufficient to Trigger the Stop-Time Rule Must Be a Single Document (Niz-Chavez v. Garland, 4/29/21)