On June 14, 2024, in Campos-Chaves v. Garland, Attorney General, the Supreme Court of the United States voted in a 5-4 decision that an Immigration Judge can order a non-citizen removed (deported) from the United States in a case in which:
- The Department of Homeland Security (DHS) issues a defective notice to appear (a notice that does not include the date or time of the hearing).
- The DHS then later issues them a proper notice of hearing and the non-citizen does not appear at the hearing.
The court ruling means that even if the notice to appear was defective, if a subsequent notice of hearing containing certain additional information was sent, then the non-citizen should be at the hearing or will risk deportation.
Impact of Campos-Chaves v. Garland, Attorney General Decision
In 2005, Moris Esmelis Campos-Chaves entered the United States illegally. Shortly after he came to the States, he was issued a notice to appear, a document which initiates deportation proceedings in immigration court. However, the notice to appear did not list the date or time of his hearing in immigration court.
He was later sent a notice of hearing which did state the date and time of the hearing, but he did not appear in court. Campos-Chaves said that he never received the notice of hearing, and ended up working in the United States for nearly two decades. He fought his deportation order and his case was ultimately heard by the Supreme Court. He now faces deportation after the Court’s decision.
There are likely many undocumented immigrants that are affected by the Campos-Chaves ruling in the Supreme Court. If you believe that this court ruling can affect you and your family, it is recommended to speak to an experienced immigration attorney.
Speak with an Experienced Immigration Attorney Today
Reeves Immigration Law Group has years of experience advising on immigration matters, from visa applications to deportation defense. Our team of California immigration attorneys will work relentlessly to navigate the shifting legal terrain and help secure your safety in the U.S.
