FOR YOUNiz-Chavez v. Garland Questionnaire

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On April 29, 2021, the U.S Supreme Court issued a decision in the case of Niz-Chavez v. Garland that benefits certain immigrants. Based on this case, certain immigrants may be able to qualify for Cancellation of Removal for Non-Lawful Permanent Residents even if they have an order of removal or may even be able to terminate proceedings depending on the status of their case.

In the case of Niz-Chavez v. Garland, the U.S. Supreme Court held that if a Notice to Appear [NTA] does not contain the time, date and/or place at which removal proceedings are being held, it will not trigger the stop-time rule for Cancellation of Removal for Non-Lawful Permanent Residents

In order to qualify for Cancellation of Removal for Non-Lawful Permanent Residents, you:

  • Must have 10 years of continuous residence in the U.S.
  • Must have a qualifying U.S. citizen or Lawful Permanent Resident immediate relative.
  • You must prove that your immediate relative will suffer extreme, exceptional and usual hardship if you are removed from the U.S.
  • You must also possess good moral character.

If the Notice to Appear does not have the requisite information as stated by the U.S. Supreme Court, you may still be accumulating the 10 years necessary to qualify for Cancellation of Removal for Non-Lawful Permanent Residents. This decision may also help individuals that were removed in their absence if they were issued a Notice to Appear that did not contain the required information pursuant to the law and whom due to this lack of information on the Notice to Appear failed to appear to their court hearing.

Based on this case, you may also be able to terminate proceedings if your Notice to Appear does not contain the date, time and/or place of proceedings depending on where you are in your immigration proceedings or case.

Please fill out the questionnaire below, so that we may better determine your eligibility under this new decision of the Supreme Court of the United States.

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