Legal Advice During Challenging Times

Supreme Court ruling aids immigrants facing deportation

| May 6, 2021 | Immigration |

A recent Supreme Court ruling may aid hundreds of thousands of immigrants facing deportation. On April 29, the Supreme Court ruled in favor, 6-3, of a long-term immigrant who claimed the US government didn’t properly notify him of a deportation hearing. Because of his removal hearing notice lacked important details, he now can stay in the United States.

Agusto Niz-Chavez entered the United States illegally from Guatemala in 2005 and settled in Michigan. In 2013, eight years after Niz-Chavez entered the US, police stopped him for having a broken taillight on his vehicle. Police discovered he was an undocumented immigrant and he later received notice of a deportation hearing. However, the notice didn’t include all the necessary details about the hearing.

Deportation hearing notices

In this ruling, the Supreme Court decided that deportation notices need to have all relevant details included in one document. Immigrants shouldn’t have to wait for multiple documents to detail what they need to know about an upcoming deportation hearing.

Because Niz-Chavez’s deportation hearing was incomplete, he was able to cancel the attempted expulsion because he now has lived in the United States for more than 10 years. Federal law allows undocumented immigrants who have lived in the US for more than 10 years to apply to have their deportation cancelled.

While the ruling centered on small details, it will change how Homeland Security pursues deportation. It will allow other immigrants who didn’t receive one notice detailing full information about their deportation hearing to possibly avoid deportation. It also may slow down deportation proceedings as a whole.

When facing a deportation hearing

If you are facing an upcoming deportation hearing, you should consult an experienced immigration attorney. An attorney can review the hearing notice you received to see if it lacked important details.

An attorney also can present a defense against your deportation by:

  • Arguing that you qualify for asylum
  • Proving you qualify to become a US citizen or Green Card holder because you have a citizen parent or grandparent
  • Proving you are not guilty of criminal charges you face
  • Showing that you pose no threat to US security

You may think you have no chance to avoid deportation. However, you could be wrong. With an attorney’s help, a judge could rule in your favor and allow you to stay in the United States for the long-term.