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Original Date Announced
September 16, 2018USCIS and ICE reportedly have been issuing NTAs with false dates or dates when the courts are not in fact open. Some have non-existent dates, such as Sept. 31; others list times when the courts are not in session. These incorrect NTAs have been issued to immigrants in at least 10 cities. Reports suggest that ICE did not coordinate or clear the dates with the immigration courts.
[ID #356]
Report: ICE gives incorrect immigration court dates 100+ immigrants waited in line in 10 cities for court dates that didn't existEffective Date
September 16, 2018Subsequent Trump and Court Action
November 9, 2020Niz-Chavez v. Barr
Supreme Court argument considering whether, to serve notice in accordance with 8 U.S.C. § 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.
View DocumentSubsequent Trump and Court Action
April 29, 20212021.04.29 Supreme Court Decision in Niz-Chavez v. Garland
On April 29, 2021, the Supreme Court issued an opinion in Niz-Chavez v. Garland. The Court held that in order to trigger cancellation of removal's stop-time rule, the government must issue a single document that includes all of the criteria required by 8 U.S.C. § 1229(a)(1).
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
View DocumentBiden Administration Action: Other
June 9, 20212021.06.09 ICE Interim Litigation Position Regarding Motions to Reopen in Light of the U.S. Supreme Court Decision in Niz-Chavez v. Garland
This Biden administration action clarifies ICE's position following the resolution of litigation related to the Trump-era policy identified in this entry.
On June 9, 2021, ICE issued guidance clarifying its litigation position regarding motions to reopen filed by individuals eligible for cancellation of removal following the Supreme Court's decision in Niz-Chavez v. Garland. The guidance states that "for 180 days from the date of the Supreme Court’s decision (i.e., until November 16, 2021), ICE attorneys handling removal cases before the Executive Office for Immigration Review (EOIR) will presumptively exercise their prosecutorial discretion to join or not oppose a motion to reopen filed by such noncitizens who demonstrate that they are prima facie eligible for cancellation of removal."
View DocumentCurrent Status
Not in effectMost Recent Action
June 9, 2021 Action: Other 2021.06.09 ICE Interim Litigation Position Regarding Motions to Reopen in Light of the U.S. Supreme Court Decision in Niz-Chavez v. GarlandJune 9, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Reported In LitigationTrump Administration Action: Change in PracticeSubject Matter: Interior Hearings and AdjudicationsAssociated or Derivative Policies
Documents
Trump-Era Policy Documents
- New Policy
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Subsequent Action
Original Source:
Niz-Chavez v. Garland opinion
Biden Administration Policy Documents
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To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com
Commentary
Practice Advisory: Strategies and Considerations in the Wake of Niz-Chavez v. Garland
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