Resources on Motions to Reopen

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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.

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In Niz-Chavez v. Garland, the U.S. Supreme Court ruled that the “stop-time rule” — used to calculate the 10-year continuous physical presence requirement for non-lawful permanent resident cancellation of removal and the 7-year continuous residence requirement for permanent resident cancellation of removal — is only triggered when the Department of Homeland Security serves a single “Notice to Appear” that contains all of the statutorily required information, including the time and place of the immigration court hearing. As a result of the Court’s April 29, 2021 decision, noncitizens with deficient NTAs who have since completed the required period of time in the United States for cancellation of removal may be eligible to apply for that form of relief, if they meet the other requirements.

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CLINIC submitted comments on Dec. 23, 2020, opposing the majority of the proposed rules that would limit motions to reopen, reconsider and stay of removal, which would undermine fairness and

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CLINIC has drafted a template comment to assist you to respond to EOIR’s proposed rule, "Motions to Reopen and Reconsider; Effect of Departure; Stay of Removal." The template comment provides you with language you can use to draft your own comments in opposition of this proposed rule.

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On June 18, 2020, the U.S. Supreme Court issued a decision in Dep’t of Homeland Sec. v. Regents of the Univ. of California, 140 S. Ct. 1891 (2020) holding that the Trump administration’s effort to end DACA had not complied with the requirements of the Administrative Procedures Act. As a result, the Supreme Court upheld a lower court ruling issuing an injunction against the DACA rescission and remanding the case for further proceedings.

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Practice advisory, co-authored with Boston College, provides information on the legal issues surrounding post-departure motions to reopen or reconsider and includes a chart of principal cases by circuit court.