Strategies and Considerations in the Wake of Pereira v. Sessions and Matter of Bermudez-Cota - Recording (.MP3)
On June 21, 2018, the U.S. Supreme Court held in Pereira v. Sessions that the service of a defective Notice to Appear does not cut off eligibility for cancellation of removal. The rationale underlying the Court’s decision broadly affects both ongoing and closed cases initiated by defective Notices to Appear. However, on August 31, 2018, the Board of Immigration Appeals (BIA) issued a precedent decision in Matter of Bermudez-Cota limiting the reach of Pereira v. Sessions to the stop-time rule.
- An Overview of Pereira v. Sessions and Matter Of Bermudez-Cota
- A Discussion of Potential Due Process Concerns Resulting from Government Implementation of the Decisions
- Challenging the Legitimacy of Removal Proceedings Initiated by Defective Notices to Appear
- Vehicle, Timing, and Geographical Considerations When Raising Pereira v. Sessions-Based Arguments
- Preserving Arguments for Future Litigation