Skip to main content

No. 19-863October Term 2019Decided Apr 29, 2021

Docket 19-863October Term 2019 (2019–2020)

Niz-Chavez v. Garland

The key question is whether the government must send one complete notice to trigger the stop-time rule.

Case status

Current stage
Decided
Latest event
Decision released Apr 29, 2021
Case Accepted
Arguments
Decision ReleasedApr 29, 2021
What it's about

This case asked whether the government can cut off a noncitizen’s time toward eligibility for cancellation of removal by sending hearing information in multiple notices, or whether it must provide all required information in one notice to appear. The Court held that the stop-time rule is triggered only by a single document containing all the information the statute requires, including the time and place of the hearing.

Question presented

Whether, to serve notice in accordance with section 1229(a) and trigger the stop-time rule, the government must serve a specific document that includes all the information identified in section 1229(a), or whether the government can serve that information over the course of as many documents and as much time as it chooses.

Case path

United States Court of Appeals for the Sixth Circuit / Decision released Apr 29, 2021

Area

Decided Supreme Court case

Briefing

What it's about

The case asks how the government must give notice before the stop-time rule cuts off a noncitizen's time toward seeking cancellation of removal. The dispute is whether all required details must appear in one notice to appear, or whether the government can send that information in multiple documents over time.

Vote

The Court has not scheduled oral argument yet. The parties are fighting over whether section 1229(a) requires one complete notice or allows the government to provide the required information in several notices.

Impact

This affects whether some noncitizens can keep counting years of U.S. residence needed to ask to stay in the country. For example, someone facing removal could lose a chance to seek cancellation if a partial notice is enough to stop the clock.

What's next

The next milestone is oral argument or another scheduling move from the Court. No decision window is available yet.

What is the core dispute in Niz-Chavez v. Garland?

The case asks whether the government must send one notice with all required hearing details. Or it may send that information in multiple documents over time.

Why could this case matter for noncitizens facing removal?

It could decide who keeps counting time needed to seek cancellation of removal (permission to ask to stay). That can change whether some people may pursue relief.

What should readers watch for next in this case?

Watch for the Supreme Court to schedule oral argument or make another calendar move. The prompt does not give any decision timetable yet.

Decision

Decision record

What the Court decided

The key question is whether the government must send one complete notice to trigger the stop-time rule.

Impact

This affects whether some noncitizens can keep counting years of U.S. residence needed to ask to stay in the country. For example, someone facing removal could lose a chance to seek cancellation if a partial notice is enough to stop the clock.

Not official Court text.

Opinion documents

Timing

Decided April 29, 2021

The Court released its decision on April 29, 2021 without hearing oral argument.