19-863 NIZ-CHAVEZ V. BARR
DECISION BELOW: 789 Fed.Appx. 523
CERT. GRANTED 6/8/2020
The Attorney General can cancel removal of certain immigrants under 8 U.S.C. § 1229b
(a) and (b). To be eligible for cancellation of removal, a non-permanent resident must have ten
years of continuous presence in the United States, and a permanent resident must have seven
years of continuous residence. Id. § 1229b(a)(2), (b)(l)(A). Under the "stop-time rule," the
government can end those periods of continuous residence by serving "a notice to appear
under section 1229(a)," which, in turn, defines "a 'notice to appear"' as "written notice ...
specifying" specific information related to the initiation of a removal proceeding. Id. §§ 1229b
(d)(l), 1229(a)(l). In Pereira v. Sessions, 138 S. Ct. 2105, 2117 (2018), this Court held that only
notice "in accordance with'' section 1229(a)'s definition triggers the stop-time rule.
The question presented in this case is:
Whether, to serve notice in accordance with section 1229(a) and trigger the stop-
time rule, the government must serve a specific document that includes all the
information identified in section 1229(a), or whether the government can serve that
information over the course of as many documents and as much time as it chooses.
LOWER COURT CASE NUMBER: 18-4264