Supreme Court sides with immigrant in case over accumulation of continuous time in US
The U.S. Supreme Court ruled Thursday that a notice to appear sent from the federal government to an immigrant that lacks information such as the time and date of removal proceedings does not prevent that immigrant from accumulating "continuous presence" time in the U.S. The court ruled 8-1 in the case, and Justice Samuel Alito was the sole dissenter. The court overturned a decision from the 1st U.S. Circuit Court of Appeals and sent the case back to the lower court in light of its decision.
The case dealt with whether the “stop-time rule” is triggered once an immigrant receives a notice to appear, even if that notice does not include the date or time of removal proceedings. The question is important because immigrants who have accrued 10 years of continuous presence can be eligible for relief that allows them to remain in the U.S. “If the government serves a non-citizen with a document that is labeled ‘notice to appear,’ but the document fails to specify either the time or place of the removal proceedings, does it trigger a stop-time rule?” Justice Sonia Sotomayor wrote for the majority. “The answer is as obvious as it seems: No.” Sotomayor concluded that a notice that doesn’t tell an immigrant when and where to appear for removal proceedings is not officially a “notice to appear” under federal statute. “The plain text, the statutory context, and common sense all lead inescapably and unambiguously to that conclusion,” she continued. The case involved Wescley Pereira, an immigrant from Brazil who came to the U.S. on a six-month tourist visa at 19, but remained after the visa expired.
In May 2006, federal immigration authorities served Pereira with a notice to appear, which said he is subject to removal for overstaying his visa. The notice ordered him to appear in immigration court and instructed him to appear “on a date to be set at a time to be set.” More than a year later, the immigration court mailed Pereira a notice scheduling the time of his removal hearing, but the notice was sent to his street address instead of his P.O. box and subsequently returned. The immigration hearing was held despite Pereira’s absence, and he was ordered to be deported. Pereira, however, remained in the U.S., “having never received any hearing notice, and having no knowledge of the in absentia removal order,” according to a brief his lawyers filed with the court. In March 2013, Pereira was arrested for a motor vehicle violation and detained by federal immigration authorities. An immigration judge reopened his removal proceedings, and Pereira applied for cancellation of removal, saying he lived in the U.S. for more than 10 years. The judge, though, denied Pereira’s request, citing the notice to appear Pereira received in 2006, which stopped the clock on his period of continuous presence. Under this ruling, Pereira had only been in the U.S. for six years.
The Board of Immigration Appeals affirmed the decision, citing an earlier decision from 2011 that found the period of continuous presence ends when a notice to appear is served, even if it does not include the elements listed in the statute.
The 1st U.S. Circuit Court of Appeals denied Pereira's request for review, deferring to the Board of Immigration Appeals and citing Chevron. The federal appeals court said the stop-time rule is ambiguous and the Board of Immigration Appeals’ interpretation of the rule permissible. The Chevron doctrine, stemming from the 1984 case Chevron v. Natural Resources Defense Council Inc., says courts should defer to federal agencies 'reasonable interpretations of statutes when they are ambiguous. But writing in a concurring opinion, Justice Anthony Kennedy raised concerns with the way the court’s decision in Chevron “has come to be understood and applied.” “Given the concerns raised by some members of this court, it seems necessary and appropriate to reconsider, in an appropriate case, the premises that underlie Chevron and how courts have implemented the decision,” Kennedy wrote. “The proper rules for interpreting statutes and determining agency jurisdiction and substantive agency powers should accord with constitutional separation-of-powers principles and the function and province of the judiciary.”
https:// www.washingtonexaminer.com/policy/courts/supreme-court-sides-with-immigrant-in-case-over-accumulation-of-continuous-time-in-us