On February 26, 2020, the Third Circuit Court of Appeals issued its decision in Guadalupe v. Attorney General of the United States, a case Petitioner brought seeking termination of his removal proceedings because DHS issued him a Notice to Appear (“NTA”) that was deficient for lack of a time, date, and place of his hearing. The government argued that the subsequent Notice of Hearing it issued—a document that provides the individual with the date, time, and place of their immigration hearing (among other things, including the allegations as the basis for removal)—corrected the deficient NTA.
The 3rd Circuit disagreed. It held that DHS might no longer rely on a Notice of Hearing to cure a defective Notice to Appear. The Court found that the operative language from the U.S. Supreme Court decision Pereira v. Sessions is clear:
Pereira holds that an NTA shall contain all the information set out in section 1229(a)(1). An NTA, which omits the time and date of the hearing, is defective. To file an effective NTA, the government cannot, in maybe four days or maybe four months, file a second – and possibly third – Notice with the missing information.
This decision is a win for individuals who received a Notice to Appear that did not contain the required time, date, and place information. A similar case is currently pending in the 10th Circuit Court of Appeals and is awaiting decision, Baneulos Galviz v. Barr following oral argument on January 23, 2020. https://www.courtlistener.com/audio/68173/banuelos-galviz-v-barr/
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Effective March 25, 2020, in response to “Stay at Home” orders Joseph & Hall PC is closed to the public and is now conducting nearly all of its operations remotely during the COVID-19 health crisis through April 18th.
We continue to have a limited number of staff in our office to perform basic operations such as assembling and filing petitions, receiving and distributing mail and issuing checks. We are grateful to be in a business that is conducive to remote work and for all of your patience and support. Our lawyers and paralegals are here to answer the array of questions that continue to arise daily and will keep you informed during these rapidly changing times. We will hold telephonic or video meetings rather than in-person meetings. These meetings can be done by SKYPE or Zoom Conference call so that you can continue to interact with your legal team, face-to-face.
We remain committed to delivering outstanding client services. We do have one important request – please do not come into the office in person for your health and safety and that of our employees. Please mail or email all documents to our office. Also, you can make any required payments online at https://vpspay.com/p/3 or make them over the phone by calling 303-297-9171 or by mail. Please stay healthy!