See Burrage v. United States,
After he witnesses the lengths to which the secret police will go in its attack on Rossi, Pereira undertakes an act of subversion of which neither he nor the reader believed him capable. But if Congress had intended to refer to the definition in [§1229(a)(1)] alone, it presumably would have done so.” Cyan, Inc. v. Beaver County Employees Retirement Fund, 583 U. S. ___, ___ (2018) (slip op., at 9).[2]. The Board of Immigration Appeals (BIA) has held that such notices trigger the stop-time rule even if they do not specify the time and date of the removal proceedings. "First published by New Directions as Pereira declares in 1996"--Title page verso. One day he meets Montiero Rossi, an aspiring young writer whose anti-fascist fervor is as strong as Pereira's apolitical languor. Post, at 8. Pereira interprets that cross-reference as picking up every substantive requirement that applies to notices to appear.
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), nonpermanent residents who are subject to removal proceedings may be eligible for cancellation of removal if, among other things, they have “been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of [an] application” for cancellation. Rating: (not yet rated) 0 with reviews - … … Section 1229(b)(1) gives a noncitizen “the opportunity to secure counsel before the first [removal] hearing date” by mandating that such “hearing date shall not be scheduled earlier than 10 days after the service of the notice to appear.” For that provision to have any meaning, the “notice to appear” must specify the time and place that the noncitizen, and his counsel, must appear at the removal proceedings. We disagree. But that second notice was sent to Pereira’s street address rather than his post office box (which he had provided to DHS), so it was returned as undeliverable. It then deemed reasonable the BIA’s interpretation of the statute, “for the reasons the BIA gave in that case.” Ibid. Under that interpretation, a notice that omits some of the information required by §1229(a)(1) might still be a “notice to appear.”, We often use language in this way. Regarding the meaning of the Pereira Maintains, I wonder if it would be different if you read it in another language. First, the Government posits that §1229(a) “is not worded in the form of a definition” and thus cannot circum- scribe what type of notice counts as a “notice to appear” for purposes of the stop-time rule. Paragraph (2) clearly reinforces the conclusion that “a notice to appear under section 1229(a),” §1229b(d)(1), must include at least the time and place of the removal proceedings to trigger the stop-time rule. specifying .
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