Practice Advisory: Strategies and Considerations in the Wake of Niz-Chavez v. Garland

Last Updated

June 30, 2021

The U.S. Supreme Court held in Niz-Chavez v. Garland, 141 S. Ct. 1474 (2021), that a Notice to Appear, or NTA, must contain the time and place of the immigration court hearing in a single document in order to trigger the stop-time rule in cancellation of removal cases, and that a subsequently-issued hearing notice does not stop time if the NTA did not include the required information. The Niz-Chavez decision answered some, though by no means all, of the questions raised by the Supreme Court’s decision in Pereira v. Sessions, 138 S. Ct. 2105 (2018). This practice advisory discusses the Supreme Court’s decisions in Niz-Chavez and Pereira and provide strategies for practitioners to consider in cases where the client’s NTA was defective.