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No. 17-459October Term 2017Decided Jun 21, 2018

Docket 17-459October Term 2017 (2017–2018)

Wescley Fonseca Pereira, Petitioner v. Jefferson B. Sessions, III, Attorney General

A document called a notice to appear does not start the stop-time rule if it leaves out the hearing's time and place.

Case status

Current stage
Decided
Latest event
Decision released Jun 21, 2018
Case Accepted
Arguments
Decision ReleasedJun 21, 2018
What it's about

from the United States Court of Appeals for the First Circuit.

Question presented

Whether, to trigger the stop-time rule by serving a "notice to appear," the government must "specify" the items listed in the definition of a "notice to appear," including "[t]he time and place at which the proceedings will be held."?

Case path

United States Court of Appeals for the First Circuit / Decision released Jun 21, 2018

Area

Decided Supreme Court case

Briefing

What it's about

This case asked whether the government can trigger the stop-time rule by sending a "notice to appear" that does not include the time and place of the hearing. The Court said that an incomplete notice like that does not trigger the stop-time rule.

Vote

The Court decided the case on June 21, 2018, but the prompt does not provide the vote count or opinion lineup.

Impact

This affects people in immigration removal cases who may need to count years they have lived in the United States to seek permission to stay. For example, someone who received an incomplete notice may still be able to count more time toward that request.

What's next

The Supreme Court has finished this case. The decision now guides lower courts and immigration officials in cases involving incomplete notices to appear.

What was the main dispute in Pereira v. Sessions?

The dispute was whether a notice to appear counts if it leaves out when and where the hearing will happen. The Court said that kind of incomplete notice does not trigger the stop-time rule.

Who is most affected by this decision in the real world?

People in removal proceedings are most affected, especially those trying to count years in the country to seek permission to stay. An incomplete notice may help them keep counting that time.

What happens after the Supreme Court's decision in this case?

The Supreme Court is done with this docket. Lower courts and immigration officials must apply the decision in similar cases about incomplete notices to appear.

Decision

Decision record

What the Court decided

A document called a notice to appear does not start the stop-time rule if it leaves out the hearing's time and place.

Impact

This affects people in immigration removal cases who may need to count years they have lived in the United States to seek permission to stay. For example, someone who received an incomplete notice may still be able to count more time toward that request.

Not official Court text.

Opinion documents