New Supreme Court Immigration Ruling Could Invalidate Thousands of Cases

A new Supreme Court immigration ruling founds that notice to appear in immigration court that lacks specific time, date, or place are invalid [1]. Those notices are now considered “defective.”

The decision was upheld in June 2018, in an 8-to-1 vote. There has been little else as widely agreed upon in the immigration legal immigration department for quite some time.

Now illegals can ask for Pereira motions, the motion to dismiss these notices to appear based on the arbitrary date and times. However, it is important to note that this new second breath of life will only apply to those who have been in the United States long enough to ask for their deportation be suspended.

How does this affect immigration bond companies and immigration attorneys?

Immigration bonds will still be as necessary as they have always been. Bonds are the only means to guarantee same day release, allowing immigrants and their families the time and freedom to get their affairs in order and fight for a green card.

Immigration attorneys will now have an extra weapon in their arsenal – something they can use to get extra protections for their clients. Of course, this doesn’t mean that these illegal immigrants get a second chance. They are firmly on the radar of ICE and will likely be arrested again. Though these procedures are not clear yet.

Immigration courts have always held that deportation is not punishment, merely an administrative procedure “Whereby an illegal alien is returned to his homeland. The alien has not been deprived of life, liberty, or property, so many constitutional protections do not apply” [2].

Source:

[1]: LA Times – New Supreme Court decision could upend thousands of deportation cases in setback for immigration hard-liners [2]: CIS – Supreme Court Decisions on Immigration Policy