On January 8, 2024, the Supreme Court began to hear the arguments for consolidated immigration cases Campos-Chaves v. Garland (5th Circuit) and Garland v. Singh (9th Circuit). This hearing is monumental as it will determine whether an immigration judge has the authority to deport an individual who fails to appear in court if the individual received a defective notice to appear. As defined in this case, a defective notice to appear is one that does not include the date, time, or location of the respective hearing.
The Ninth Circuit currently holds that an absentia order should not be made under these circumstances, while the Court of Appeals for the Fifth Circuit holds that deportation is valid so long as the individual received the required information in a follow-up notice.
While a decision is expected to be made before the end of July 2024, it is predicted that the Supreme Court may lean in favor of the Fifth Circuit. As such, individuals located within the jurisdiction of the Ninth Circuit (Guam, Hawaii, Nevada, Oregon, Washington, Alaska, Arizona, California, Idaho, and Montana) should consider immediately filing a motion to reopen their immigration court proceedings to have their claims heard before the final ruling.
Contact a California Immigration Attorney Today
Immigrants residing in California should proactively seek legal assistance as the Supreme Court continues to hear the case. While the decision is still looming, it is important to hear your options and act appropriately to ensure the best chances of deportation defense.
Reeves Immigration Law Group has over four decades of experience advising on deportation defenses in cancellation of removal and other cases. Our team of deportation defense attorneys will work relentlessly to secure your safety in the United States.
To speak with a California immigration attorney on how this ruling may impact your case, fill out our contact form today.
