Responsible federal agency Deportation Immigrants announced the opening 180 days (Six months) For immigrants who have lost deportation cases after receiving failed appearance notices (NDA), to file a resolution to reopen and fight their stay in the United States.
Victims of errors in the issuance of NDA (incorrect addresses, without time or date, or the address of the court in which they appear) must submit a request for complete cancellation of the deportation, along with the necessary supporting documents, in an internal notice issued Wednesday, Immigration and Customs Enforcement (ICE).
ICE’s lawyers will “review requests for such movements or joint movements on a case-by-case basis, in accordance with the applicable guidelines for acting in accordance with practical wishes.
The May 27 Memorandum It imposes new deportation policies issued by the agency for ICE lawyers, based on the immigration policy established by the Joe Biden government.
On April 29, the Supreme Court ruled that invalid NDAs or misinformation were invalid and should not stop the clock to continue in the United States.
The verdict (6-3) supported hundreds, perhaps thousands of undocumented people facing deportation from the United States.
The Supreme Court ruled that notices of origin could not reach the Incomplete Court and thus enforce deportation.
Advocates, who were consulted by Univision Notice, said the NDAs with errors had caused many immigrants to lose their appointments. Thus the judges did not issue orders for deportation.
Cancellation of dismissal is a sensible legal remedy available in removal proceedings, which require “non-citizens to prove that they have accumulated a continuous physical presence over a period of time or in the United States,” the company said.
The Supreme Court ruled in late April that an NDA for deportation proceedings “does not include the time and / or location of the first deportation hearing, and then the Immigration Court announces an inquiry that did not provide that information. Execute the so-called ‘block time rule’.
That is, it does not cancel out the calculation of body balance time, which victims can now argue in reopening cases.
“Beneficiaries of the ruling and now, under this provisional rule, should automatically contact their attorney, who is more likely to apply for permanent legal residence (green card or green card) in the country for more than 10 years, says Jose Guerrero, an immigration attorney trained in Miami (Florida).
The ICE explained that non-citizens who refused to cancel their deportation due to NDA rulings and that they were affected by their continued physical stay in the country.
They may now be eligible for exemption from deportation in deportation proceedings. “
“To resolve such cases, non-citizens must file a motion within 180 days from the date of the Supreme Court ruling (i.e., until November 16, 2021) before the Office of the Immigration Review Administration (EOIR) dealing with the deportation of immigration cases (EOIR) who will prove that they are the primary ones to rescind the removal. Do not reopen or resist, “he said.
The agency added that when the EOIR issued a decision to reopen a case, “non-eligible citizens will have the opportunity to present their revocation eviction claims to an immigration judge and receive a decision on eligibility.”
“Cancellation of deportation is residency, green card,” Guerrero said.